■ '^ 
 
 PARLIAMENTARY 
 
 4,-<- 
 
 PROCEDURE AND PRACTICE 
 
 WITH AN INTRODUCTORY ACCOUNT OF THE 
 ORIGIN AND GROWTH OF 
 
 PARLIAMENTARY INSTITUTIONS 
 
 IN TUB 
 
 DOMINION OF CANADA. 
 
 BY 
 
 JOHN GEORGE BOUKINOT, 
 
 CLERK OF TIIE HOUSE OP COMMONS OP CANADA. 
 
 MONTEEAL: 
 DAWSON BROTHEES, PUBLISHEES. 
 
 1884. 
 
.^ ^ 9 f U 1 U 
 
 Entered according to Act of Parliament of Canada by Dav.sox Bijotiieks, 
 in the Office of the Minister of Agriculture, in the year 1884. 
 
 OAZETTK PRINTING COMPANY, MONTREAX.. 
 
PREFACE. 
 
 The object which the author has had constantly in 
 view in compiling the present work is to give such a 
 summary of the rviles and principles which guide the 
 practice and proceedings of the Parliament of Canada as wiil 
 assist the parliamentarian and all others who may be con- 
 cerned in the working of our legislative system. The 
 rules and practice of the Parliament and the Legis- 
 latures of Canada are, for the most part, originally derived 
 from the standing orders and usages of the Imperial Par- 
 liament, but, in the course of years, divergencies of practice 
 have arisen, and a great many precedents have been made 
 which seem to call for such a work as this. It has, more- 
 over, been the writer's aim, not only to explain as fully as 
 possible the rules and usages adopted in Canada, but also 
 to give such copious references to the best authorities, 
 and particularly to the works of Hatsell and May, as will 
 enable the reader to compare Canadian w^ith British pro- 
 cedure. A list of the authorities most frequently cited, 
 with an explanation of the abbreviations used in citation, 
 is appended for the convenience of those who may wish 
 to follow out any question more in detail. 
 
 It seem.ed proper, in order to a clearer comprehen- 
 sion of the subject of the w^ork, to preface it with an 
 introductory chapter upon the origin and gradual de- 
 velopment of parliamentary institutions in the Dominion. 
 
IV PREFACE. 
 
 In SO brief a compass a summary of the salient features 
 only of the various constitutional changes which have 
 resulted in the present very liberal parliamentary system 
 of Canada could be Given. The author has also added, in 
 the same chapter, a digest of the decisions of the judicial 
 committee of the Privy Council and of the tSupreme Court of 
 Canada which bear upon the important cjuestion of the rela- 
 tive jurisdictions of the Parliament and the local legisla- 
 tures. AVhile the work was passinir through the press, other 
 decisions were given which rendered a supplemoitary 
 chapter necessary, and, consequently, the twenty-second 
 chapter will be more conveniently considered immediately 
 after the first, or introductory chapter. These decisions 
 have necessarily been cited without remark, as facts to be 
 taken into account by those who are engaged in the prac- 
 tical work of legislation. 
 
 House of Commons, Ottawa, 
 20th February, 1884. 
 
CONTENTS. 
 
 CHAPTEE I. 
 
 INTRODUCTION. 
 
 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 Canada under the French Ri^frime, p. 1. II. Government from 1760 to 
 1774, p. 5. III. Quebec Act, 1774, p. 9. lY. Constitutional Act, 1791, 
 p. 13. Y. Union Act, 1840, p. 24. YI. Federal Union of tlie Provinces — 
 British North America Act, 1867, p. 38. YII. Constitution of the Gen- 
 eral Government and Parliament, p. 48. YIII. Constitution of the 
 Provincial Governments and Legislatures, p. 62. Organization of the 
 North-AYest Territory, p. 72. IX. Disallowance of Provincial Acts, p. 
 76. X. Distribution of Legislative Powers, p. 81. XL Decisions of the 
 Judicial Committee of the Privy Council and Supreme Court of Canada 
 on questions of Legislat: re Jurisdiction, p. 85. XII. Position of the 
 Judiciarj'', p. 100. Conclusion of Review, p. 103. 
 
 CHAPTER II. 
 
 THE SENATE AND HOUSE OF COMMONS. 
 
 I. Senators, p. 105. II. Introduction of Senators, p. 109. III. The 
 House of Commons, p. 110. lY. Election of Members, p. 111. V. 
 Trial of Controverted Elections, p. 117. YI. Issue of Writs, p. 123. 
 YII. Dual Representation, p 124. YIII. Independence of Parliament, 
 p. 128. IX. Resignation of Members, p. 137. X. Introduction of Mem- 
 bers, p. 141. XL Attendance of ^Members, p. 14.^. XII. Members' 
 Indemnity, p. 146. XIII Expulsion and Disqualification of Mem- 
 bers, p. 148. XIY. Suspension, p. 153. XY. Questions affecting Mem- 
 bers referred to Select Committees, p. 1.54. XYL Places in the House, 
 p. 155. 
 
VI CONTENTS. 
 
 CHAPTER III. 
 
 THE SPEAKERS AND OFFICERS OF THE TWO HO USES, etc. 
 
 I. Speaker and Officers of the Stmato, p. 157. Contingent Accounts Com- 
 mitttie, p. 160. II. Six)ak(*r of tlio House of Commons, p. 162. III. 
 Officers and Clerks, &c., of ihe House of Commons, p. 169. IV. Admis- 
 sion of Strangers, p. 176. V. Clerk of the Crown in Chancery, p. 177. 
 VI. Votes and Journals, p. 178. VII. Official Ileports, p. 180. VIII. 
 Library and Reading Kooms, p. 181. IX. Commissioners of Internal 
 Economy, p. 183. 
 
 CHArTER IV. 
 
 PRIVILEGES AND POWERS OF PARLIAMENT. 
 
 I. Claim of Privileges at commencement of a new Parliament, p. 186. IT. 
 Statutes on Privileges of the Canadian l*arlianiont, p. 187. III. Extent 
 of Privileges, p. 188. IV. Personal Privileges of Members, p. 189. V. 
 Freedom of Sjieech, p. 191. VT. Libellous Reflections on Members col- 
 lec-tively or severally, p. 192. VII. Proceedings of Select Committees, 
 p. 193. VITI. Assaulting, menacing, or challenging of Members, p. 194. 
 T^. Disobedience to Orders of the House, &c., p. 195. X. Attempt to bribe 
 Members, p. 196. XL Privileged Persons not Members, p. 196. XII. 
 Punishment of a Contempt of Privileges, p. 197. XIII. Power of 
 Commitment, p. 197. XIV. Duration of Power of Commitment, p. 199. 
 XV. Procedure in case of a breach of Privilege, p. 199. XVI. Sus- 
 pension and Expulsion of Members, p. 201. XVII. Power to Sum- 
 mon and Examine Witnesses, p. 202. Procedure in such cases, p. 202. 
 XVIII. Privileges of Provincial Legislatures, p. 205. 
 
 CHAPTER Y. 
 
 RULES, ORDERS AND USAGES. 
 
 I. Origin of the rules, orders and usages of the Senate and House of 
 Commons, p. 210. II. Procedure in revising rules, p. 213. III. Xeces- 
 sity for a strict adherence to rules, p. 214. IV. Sessional orders and 
 resolutions, p. 216. V. Use of the French language in the proceedings 
 of the houses, p. 217. 
 
 CHAPTER VI. 
 
 MEETING, PROROGATION AND DISSOLUTION OF PARLIAMENT. 
 
 I. Meeting of Parliament, p. 220. 11. Proceedings in the Senate, p- 221. 
 III. Election of S}.>eaker of the Commons, p. 224- IV. Consideration of 
 
CONTENTS. Vn 
 
 the Spoocli, i>. 235. Y. Proceed inji^s in sessions, subBeqiiont to the first, 
 of a Parliament, p. 235. VI. Prorogation, p. 236. VII. Effeot of Pro- 
 rogation, p- 238. VIII. Dissolution, p. 239. 
 
 CHAPTER VII. 
 
 ORDER OF BUSINESS. 
 
 I. Days and Hours of ^looting, p. 241. II. Adjournment over Holidays 
 and Festivals, p. 241. III. Long Adjournments, p. 242. IV. Decease 
 of Senators and Members, p. 243. V. Meeting at an earlier hour, p. 244. 
 Two sittings in one day, p. 244. VI. Protracted Sittings, p. 244. VII. Pro- 
 ceedings at six o'clock and half past seven p.m., p. 24(5. VIII. Adjourn- 
 ment during pleasure, p. 246. IX. Quorum in both Houses, p. 247. 
 X. Prayers, p. 248. XI. Order of Daily Busiross, p. 250. XII. Calling 
 of Questions and Orders, p. 252. XIII. Arrangement of Orders, p. 253. 
 
 CHAPTER VIII. 
 
 PETITIONS. 
 
 I. Presentation and Reception, p. 259. 11. Form, p. 263. III. Irregulari- 
 ties, p. 263. IV. Petitions for pecuniary aid, p. 266. V. For Taxes or 
 Duties, p. 268. VI- Urgency in certain cases, p. 269. VII. Printing, 
 p. 270. VIII. Reflections on House or Members, p. 270. IX. Petitions 
 to Imperial Authorities, p. 271. 
 
 CHAPTER IX. 
 
 ORDERS AND ADDRESSES FOR ACCOUNTS AND PAPERS. 
 
 1. Presentation of Papers, p. 273. II. Their character, p. 274. III. Form 
 of Motions, p. 275. IV. Distinction between Addresses and Orders, p. 
 276. V. Returns in answer, p. 278. VI. Carefulness in preparation, 
 p. 279. VII. Motions for papers refused, p. 280. - VIII. Printing of 
 Documents, p. 286 . IX. Joint Committee on Printing, p. 287. 
 
 CHAPTER X. 
 
 ADDRESSES, MESSAGES, AND VOTES OF THANKS. 
 
 I. Subject-Matter of Addresses, p. 292, II. Addresses founded on Resolu- 
 tions, p. 293. III. Joint Addresses, p. 294. IV. Addresses of Con- 
 gratulation and Condolence, p. 296. V. Address on retirement of 
 
VIII coiyTEivm 
 
 Govornor-Goncral, p. 297. VI. Presentation of addresses, p. 299. VII. 
 ]Mes«a^os from Goviirnor-C Jeneral, p. IiOl , VIII. A<ldressc.s to the Prince 
 of Wales in 18U0, p. 304. IX. Thanks to distinj^uishod {jorsons, p. 300. 
 
 CHAPTER XI. 
 
 MOTIONS IN GENERAL. 
 
 I. Notices of Motions, p. ."OS. II. llules and Usaj^es relative to Motions, 
 p. 309. III. MotionsrelativetoPublieBnsiness, p. 314. IV. Questions 
 of Privilej,'o, p. 31G. V. Motions of Want of Confidence, not privileged, 
 p. 319. VI. Questions put by Members, p. 321. VII. Motions in 
 Amendment, p. 325. VIII. Dilatory Motions : Adjournment, p. 333; 
 Keading Orders of the Day, p. 335 ; Previous (Question, p. 330 ; amend- 
 ments to such Motions, p. 338. IX. Konowal of a Question during a 
 Session, p. 339. 
 
 CIIAPTEE Xir. 
 
 RULES OF DEBATE. 
 
 I. Deportment of members on the flour, p. 342. II. Precedence in debate, 
 p. 344. III. Written speeches not i)ermissible, p. 345. IV. Extracts 
 from papers, p. 340. V. References to the Queen or Governor-General, 
 p. 347. VI. Relevancy of S])eeches, p. 349. VII. Their length, p. 350. 
 VIII. Motions for adjournment, p. 351. IX. Rules limiting debate, p. 
 353. X. Personal explanations, p. 350. XI. Calling in question a 
 member's words, p. 358. XII. Interruption of members, p. 358. XIII. 
 Speaking when orders are called, p. 359. XIV. Manner of addressing 
 another member, p. 301. XV. References to the other house, p. 302. 
 XVI. Or to previous debates, p. 302. XVII. Rules for the preservation 
 of order, p. 303. XVIII. Naming a member, p. 308. XIX. Words taken 
 down, p. 370. XX. Misbehaviour in committees or lobbies, p. 373. 
 XXI. Prevention of hostile meetings, p. 374. XXII. Punishment of 
 misconduct, p. 375. XXIII. Withdrawal of a member when his conduct 
 is under discussion, p. 370. XXIV. References to judges and other 
 persons not members, p. 377. XXV. Xoav standing orders of English 
 Commons on the following subjects : Putting the question, p. 380 ; 
 Motions of adjournment, p. 380; Suspension for obstruction of public 
 business, p. 382. 
 
 CHAPTER Xlil. 
 
 DIVISIONS ON QUESTIONS. 
 
 1. Putting the question and division thereon, p. 384. II. Proceedings 
 after a division, p. 388 ; challenging of votes, p. 389 ; pairs, p. 389. HI. 
 
CONTEXTS. 
 
 IX 
 
 Questions rarriod or lost "on division," p. 300. IV. Equality of votes 
 on a division, p. r>no ; castinjr vote of six^akor, p. o^H. V. Protest of 
 iSenators, p. :)!>2. VI. No nu',nil)or intorestod directly i i a quesstion 
 <'an vote thoroon, p. 392. VII. Kecording of names in the journals, 
 
 ). 3!tr». 
 
 CHAPTHPt XIV. 
 
 RELATIONS BETWEEN THE TWO HOUSES. 
 
 I IMessages, p. "07. II. Conferences, p. 300. III. Keasons of disagree- 
 nient connnunicated, p. 403. IV. Joint Comniittecs, [>. 403. V. Inter- 
 cliange of documents, p. 404. VI. Relations between the Houses, p. 
 4W. Questions of exix^nditure and taxation, p. 400. Bills rejected by 
 the Senate, p. 40!> ; " tacks " to Bills of Sui)i)]y, p. 410 : initiation of mea- 
 sures in the upixir chaml)er, p. 411. 
 
 
 CHAPTER XV. 
 
 COMMITTEES OF THE WHOLE. 
 
 I. Throe classes of committees in use in Parliament, p. 413 ; committees 
 of the whole. ; select committees; joint committees, p. 414. II. Rules 
 of the Senate resijecting conunittees of the whole, p. 415. III. Procedure 
 in the House of Commons, p. 410. IV. Reports from committees of 
 the whole, p. 423. V. New rules of the English Commons, p. 424. 
 
 CIIAPTEPt XVI. 
 
 SELECT, STANDING AND SESSIONAL COMMITTEES. 
 
 I. Sessional Committees of the Senate, p. 420. II. Standing Committees 
 of the (..'ommons, p. 428. III. Aiipointment^of select committees, p. 430. 
 IV. Quorum, p. 430. V. Organization of committe-es and procedure 
 therein,ip. 437. VI. Reports of committees, p. 440. VII. Their pre- 
 sentation to the House, p. 451. VIII. Concurrence, p. 452. IX. Ex- 
 amination" of witnesses, p. 454. X. Their payment, p. 457. XL Their 
 examination under oath, p. 458. 
 
 CHAPTJ^Pt XYII. 
 
 COMMITTEES OF SUPPLY AND WAYS AND MEANS. 
 
 I. Grants of Public Money, p. 462. II. Mode of signifying the Recom- 
 mendation of the Crown, p. 470. III. Consent of the Crown explained, 
 
: CONTENTS. 
 
 p. 472. IV. Committees of Supply and Ways and ]Means, p. 474. V. 
 Procedure on going into Supply, p. 47(5. VI. In Committee of Supply, 
 p. 481. VII. The Budget, p. 484. VIII. The Imjwsition of Taxes and 
 Ways and Means, p. 486. IX. Reports of (bmmittees of Supply and 
 AVays and Means, p. 489. X. Tax Bills, p. 495. XI. The Appropriation 
 or Supply Bill, p. 49(5. XII. Supply Bill in the Senate, p. 500. Royal 
 Assent to the Bill, p. 503. Address to the Crown for a certain expendi- 
 ture, &c., p. 504. Audit of Appropriation Accounts, p. 505. 
 
 CIIAPTP]R XYIIT. 
 
 PUBLIC BILLS. 
 
 Explanatory, p. 510. II. Bills of Appropriation and of Taxation 
 originate in the Commons, p. 513. III. Introduction, p. 516. IV. 
 Relating to Trade, p. 518. V. Or involving Public Aid and Charges on 
 the People, p. 523. VI. Second Reading, p. 528. VII. Order for Com- 
 mittee of the Whole, p. 532. VIII. Instructions, p. 533. IX. Refer- 
 ence to Select Committees, p. 538. X. Xotico of Proposed Amend- 
 ments in Committee, p. 540. XI. Reported from Select Committees, 
 p. 540. XII. In Committee of the Whole, p- 541. XIII. Reports from 
 such Committees, p. 546. XIV. Not referred, p. 548. XV. Third Reading, 
 p. 550. XVI. Passage, p. 550. XVII. After passage, p. 551 ; amend- 
 ments in either House, p. 552 ; reasons for disagreement, p. 553. XVIII. 
 Revival of a Bill temporarily superseded, p. 555. XIX. Introduced by 
 mistake, p. 557. XX. Expedition in passage, p. 558. XXI. Once intro- 
 duced not altered except by Authority of the House, p. 560. XXII. 
 Correcting Mistakes during Progress, p. 561. XXIII. Accidental Loss 
 of a Bill during Session, p. 562. XXIV. Once rejected not again offered 
 in same Session, p. 563 ; Exceptions to Grenei'al Rule, p. 564. XXV. 
 Royal Assent, p. 567 ; Changes in Governor-General's instructions as 
 to reserving Bills, p. 568; Assent always given in preser.ce of the two 
 Houses, p. 575 ; Cases of Bills assented to in error, p. 576. XXVI. 
 Assent in the Local Legislatures, p. 577 ; Practice of Reserving and 
 Vetoing Bills, p. 578. XXVII. Amendment or Repeal of an Act in the 
 same Session, p. 582. XXVIII. Commencement of an Act, p. 582. 
 XXIX. The Statutes and their Distri^nition, p. 583. 
 
 CHAPTEE XIX. 
 
 PRIVATE BILLS. 
 
 I. Importance of private bill legislation, p. 584. II. Definition of private 
 bills, p. 585. III. Questions of legislative jurisdiction arising out of 
 private legislation in Parliament, p. 586. IV. Reports of Supreme Court 
 of Canada on private bills, p. 605. V. Questions of jurisdiction referred 
 
CONTENTS. XI 
 
 to standing orders committee in Senate, p. 607. VI. Classification of 
 private bills, p. 607 ; Hybrid Bills, j). 611. VII. General public acts 
 affecting corporate bodies, p. 615. VIII. All acts deemed public, unless 
 otherwise declared, p. 617. 
 
 CHAPTER XX. 
 
 PRFVA TE BILLS— Continued. 
 
 I. English compared with Canadian procedure, p. 618. II. Promotion of 
 private bills in Parliament, p. 621. III. Private bill days in the Com- 
 mons, p. 622. IV. Petitions for private bills, p. 623. V. Committee on 
 standing orders, p. 627. VI. First and second readings of bill, p. 638. 
 VII. Fees and charges, p. 643. VIII. Committees on private bills, p. 
 646. IX. Reports of committees, p. 658. X. Committee of the whole, 
 p. 659. XL Third reading, p. 662. 
 
 CIIAPTEE XXI. 
 
 PRIVATE BILLS— Conclwled. 
 
 I. Private Bills in the Senate, p. 664. II, Bills not based on petitions, 
 p. 665. III. Amendments made by either House, p. 668. IV. Divorce 
 Bills, p. 668. V. Divorce Bills in the House of Commons, p. 679. 
 
 CIIAPTEE XXII. 
 
 RECENT PRIVY COUNCIL DECISIONS. 
 
 I. Federal and Local Jurisdiction, p. 680. Liquor License Act of 1877 
 (Ontario), p. 681. Delegation of Powers to License Commissioners, p. 
 685. II. Lands in Canada escheated to the Crow;i belong to a Province 
 for purposes of Eevenue and Government, p. 687. III. Concluding 
 Remarks on Questions of Jurisdiction, p. 690. 
 
XII CONTENTS. 
 
 APPENDIX. 
 
 A. British North America Act, 1867 G99 
 
 B. An Act respecting the estabhshment of Provinces in the Dominion 
 
 of Canada (34-35 Vict., c. 28) 739 
 
 C. An Act to remove certain doubts with respect to the powers of 
 
 the ParHamcnt of Canada under section IS of the B.N.A. Act, 
 
 1867 (38-39 Vict., c. 38) 740 
 
 D. Governor-General's Commission, Instructions, etc 742 
 
 E. Proclamation summoning Parliament for despatch of business . . . 749 
 
 r. Prayers in the Commons 750 
 
 G. Forms of Motions 751 
 
 H. Forms of Petitions 756 
 
 I. Forms of resignation of members ; Speaker's warrants for new 
 
 writs of election, etc 757 
 
 ERRATA. 
 
 Page 19, note 1, line 7, for 1795, read 1794. 
 " 270, note 2, insert after infra, p. 310. 
 " 333, note 2, line 4, for 267 E. Hans. (3), 1882, read 267 E. Hans. (3), 
 
 219. 
 " 465, insert 187 E. Hans. (3), 1667, at commencement of first note. 
 " 483, last line, read " propose the time" for " fix the time." 
 
LIST OF AUTHORITIES CITED IN THIS WORK. 
 
 Blackniore. — Decisions of Speakers Denison and Brand, by Mr. Black' 
 more, of the South Australian Legislature, 3 vols., 1881, 1882, 1883. 
 
 Blackstone. — Commentaries on the Laws of England, by Sir W. Black- 
 stcne. 
 
 Bourke. — Decisions of Mr. Speaker Lofovre, by Mr. Bonrke, 1857. 
 
 Bramwell. — Proceedings on Bills in the House of Commons, by G. Bram- 
 well, 1833. 
 
 Campbell.- -History of Prince Edward Island, by D. Campbell." 
 ^ Can. Com. Hans. — Canadian Hansard, Commons, since 1875. 
 
 Can. Law. J.— Canada Law Journal- 
 Can. L. T. — Canadian Law Times. 
 
 Can. Com. J. — Journals of the House of Commons of Canadu, 1867-1883. 
 
 Can. Sp- D. — Decisions of Canadian Speakers, 1841-1864. by Mr. La- 
 perriere. 
 
 Can. Sess. P. — Canada Sessional Pajx?.rs, 1841-1883. 
 
 Can. Sup. Court R- — Reports of the Supreme Court of Canada, 6 vols. 
 
 Cartwright. — Cases decided on the B. N. A. Act, collected by Mr. Cart- 
 wright, law clerk to the Ontario Legislative Assembly. 
 
 Cav. Deb. — Debates, 1768-1770, by Sir H. Cavendish. Debates on the 
 Quebec Art, published in 1839. 
 
 Christie. — History of Lower Canada, by R. Christie, 6 vols. 
 
 Colchester. — Diary and Correspondence of Lord Colchester. 
 
 Col. Off. List.— Colonial Office List, 1883. 
 
 Conf. Deb. — Confederation Debates, 1865. 
 
 Coke. — Institutes of the Laws of England, by Sir E. Coke. 
 
 Cons. Stat. — Consolidated Statutes of Canada, Upper Canada and Lower 
 Canada, 1859 and 1861. 
 
 Cox. — The Institutions of the English Government, by Homersham Cox. 
 
 Creasy. — Imperial and Colonial Constitutions, by Sir E. Creasy. . 
 
 Cushing. — Law and Practice of Legislative Assemblies, by L. S. Gushing, 
 1856. 
 
 DeLolme. — The Constitution of England. 
 
 Dent. — Forty Years since the Union of 1841, by J. C. Dent^ 2 vols. 
 
 D'Ewes. — Journals of Parliaments of Elizabeth, by Sir S. D'Ewes, 1682. 
 
 Doutre. — Constitution of Canada, by Joseph Doutre, 1880. 
 
 Doutre et Lareau. — Histoire du droit Canadien, by Doutre et Lareau. 
 
 Dwarris. — Dwarris on Statutes, 1848. 
 
XIV LIST OF AUTHORITIES CITED. 
 
 E. Com. J. — Journals of the English House of Commons. 
 
 £. Hans. — Hansard's Parliamentary Debates, 3 series ; vols. 1 to 21, of 
 the first series, were published as Cobbett's. 
 
 English Law Reports. — Douglas; Knapp; Perry and Knapp; Meesonand 
 Welsby ; Carrington and Kirwan ; Appeal Cases, Judicial Committee of 
 Privy Council (App. Cos.); Lord Kenyon (Lord Ken.) ; Strange ; Taun- 
 ton (Taunt.); Chitty; Law Journals (L. J.); Wilson (Wils.); Russell 
 and Mylne (R. and M.) ; Esp^nasse (Esp.) ; East. 
 
 Hale on P. — Institution, Power, and Jurisdiction of Parliament, by Lord 
 Chief Justice Hale. 
 
 Hallam. — Constitutional History of England, by Henry Hallam ; Am. 
 ed., 3 vols, 1861. 
 
 Hatsell. — Precedents of Proceedings in the House of Commons, by John 
 Hatsell, 4 vols., 1818. 
 
 Howe. — Letters and Speeches of the Hon. Joseph Howe, by W. Annand. 
 
 Howells' St. Tr.— State Trials, by T. B. and T. J. Howells. 
 
 Garneau. — History of Canada until the L^nion, by F. X. Garneau. 
 
 Gray. — Confederation of Canada, by Hon. J. H. Gray. 
 
 Grey. — Colonial Policy of Lord John Russell's administration, by Earl 
 Grey, 2 vols., 1853. 
 
 Grey. — Grey's Debates after the Restoration, 10 vols. 
 
 Hearn. — Government of England, by W. E. Hearn. 
 
 Jefferson. — Jefferson's Manual of Parliamentary Practice, published 
 periodically with the rules of the Congress of the United States. 
 
 Leg. Ass. J. and Leg. Coun. J. — Journals of the Legislature of Canada, 
 1841-1866. 
 
 Lex Pari. — Lex Parliamentaria- 
 
 Lindsey. — Life and Times of W. Lyon MacKenzie, by Charles Lindsey. 
 
 L. C. J. — Lower Canada Jurist. 
 
 L. C. R. — Lower Canada Reports- 
 
 L. N. — Legal News, Montreal, edited by James Kirby, 
 
 Lodge. — A Short History of the Engli'^n Colonies in America, by H. 
 Cabot Lodge. 
 
 Low- Can. J. — Journals of the Legislature of Lower Canada. 1792-1837. 
 
 Lord Durham's R. — Lord Durham's Report on the State of Canada, 1839. 
 
 Lords J. — Journals of the House of Lords. 
 
 May. — Constitutional History of England, by Sir T. E. May, 4 vols., 6th 
 ed. A Treatise on the Law, Privileges, Proceedings and Usage of Par- 
 liament, by Sir T. Erskine ]\Iay, 9th ed., 1883; 
 
 Min. of P. — Minutes of Proceedings of the Senate. 
 
 Mirror of P.— Mirror of Parliament, 1828-1841. 
 
 Murdoch. — History of Nova Scotia, by B. Murdoch, 2 vols. 
 
 Palgrave. — Chairman's Handbook, by Reginald F. D. Palgrave, clerk- 
 assistant of the Enghsh House of Commons. Also, the House of Com- 
 mons : Illustrations of its History and Practice, by the same author. 
 
 Parkman. — Old Regime in Canada, by Francis Parkman. 
 
LIST OF AUTHORITIES CITED. 
 
 XV 
 
 Pari. Hist— Parliamentary History of England, 1006-1803. Cobliett's 
 and Hansard's Parliamentary Debates follow this work. 
 
 Pari. Reg. — Parliamentary Register, 2 series. 
 
 Pari. Deb. — Canadian Parliamentary Debates until 1875, compile<l in the 
 Parliamentary Library. 
 
 Pug. and Bur. — Pugsley and Burbidge's Reports of New Brunswick 
 Cases. 
 
 R. S. 0. — Revised Statutes of Ontario, 1877. 
 
 Scroiie. — Life of Lord Sydenham, l)y G. Poulett Scrope. 
 
 Sedgwick. — Rules of the Interpretation and Application of Statutory and 
 Constitutional Law, by Theodore Sedgwick, 1874. 
 
 Sen. Hans. — Canadian Hansard, since 1870. 
 
 Sen. J. — Journals of the Senate of Canada, 1867-1883. 
 
 Sen. R. and Com. R. — Rules and Orders of the Senate and House of Com- 
 mons of Canada, 1884. 
 
 Smith's Digest. — Constitution, Manual and Digest, by H. Smith, Journal 
 clerk of the House of Representatives of the U.S. 
 
 Sp. Coun. — Journals of the Special Council of Lower Canada, 1838-1840. 
 
 S. 0. — Standing Orders of the Lords and Commons of England, 1883. 
 
 Stephen. — Commentaries on the Laws of England, by IL J. Stephen, 7th ei. 
 
 Taswell-Langmead. — English Constitutional History, by J. P. Taswell- 
 Langmead, 2nd ed., 1881. 
 
 Taylor. — Are Legisl?tures Parliaments? by Fennings Taylor. 
 
 Todd. — Parliamentary Government in England, by Alpheus Todd, 2 vols. 
 Parliamentary Government in the Colonies, by Alpheus Todd, 1 vol. 
 Private Bill Practice, by Alfred Todd. 
 
 Turcotte. — Canada sous I'llnion, by L. P. Turcotte. 
 
 Upp. Can. J. — Journals of the Legislature of L^pper Canada, 1792-1840. 
 
 U. C. C. P. — Upper Canada Commons Pleas Reports. 
 
 U. C. Q. B. — Upper Canada Queen's Bench Reports. 
 
 V. and P. — Votes and Proceedings of the House of Commons. 
 
 Waples. — Hand-book of Parliamentary Practice, by Rufus Waples, 1883. 
 
J 
 
 
 Ifc 
 
 r'1 
 
CHAPTER I. 
 
 INTRODrCTION. 
 
 PARLIAMEXTARY IXSTITCTIONS IX CAXADA. 
 
 I. Canada under the I ranch Regime. — II. Government from 1760 to 
 1774.— III. Quebec Act, 1774.— IV. Constitutional Act, 1791.— V. Union 
 Act, 1840. — VL Federal Union of the Provinces — British Nortli 
 America Act, 18()7. — VII. Constitution of the General Government 
 and Parliament. — VIII. Constitution of the Provincial CJovernments 
 and Legislatures — Organization of the North-West Territory. — IX. l)i>- 
 allowance of Provincial Acts. — X. Distribution of Legislative Powers. — 
 XL Decisions of the Judicial Couuuittee of the Privy Council — and of 
 the Supreme Court of Canada on ([uestions of Legislative Jurisdiction.— 
 XII. Position of the Judiciary — Conclusion of Review. 
 
 I. Canada under the French Regime. — The history of parlia- 
 mentary institutions in Canada commences towards the 
 close of the eighteenth century. Whilst the country 
 remained in possession of France, the inhaliitants were 
 never represented in legislative assemblies and never 
 exercised any control over their purely local atfairs by 
 frequent town meetings. In this respect they occu- 
 pied a position very different from that of the English 
 colonists in America. The conspicuous features of the 
 New England system of government were the extent of 
 popular power and the almost entire independence of 
 the parent state in matters of provincial interest and im- 
 portance. All the freemen were accustomed to assemble 
 regularly in township meetings, and take part in the 
 debates and proceedings. The town, in fact, was " the 
 political unit," and was accordingly represented in the 
 
 m 
 
2 rARLIAMEXTARY lySTirUTIOyiS ly CAXADA. 
 
 Legislature of tho colony. Legislative assem])lies, indeed, 
 ^vere the rule in all the old colonies of England on this 
 continent — even in proprietary governments like that oi 
 Maryland.' On the other hand, in the French colony, 
 a legislative system was never enjoyed by the inhabi- 
 tants. The first "'overnment which was established bv 
 Samuel Cha^ ^hiin, the founder of Quebec^ was invested 
 with large authority." l^'or over half a century, whilst 
 the country was practically under the control of trading 
 corporations, the governor exercised all the powers oi 
 civil and military government, necessar}' for the security 
 and peace of the colony. Though he had the assistance of a 
 council, he was under no obligation whatever to follow^ its 
 advice, on all occasions. After some years' experience of 
 a system of government which made the early governors 
 almost absolute, Colbert efiected an entire change in the 
 administration of colonial affairs. From 1663, the govern- 
 ment of Canada was brought more directly under the con- 
 trol of the king, and made more conformable to th(^ 
 requirements of a larger population. But in all essential 
 features the government resembled that of a French pro- 
 vince. The governor and intendant were at the head of 
 affairs and reported directly to the king.' Of these two 
 high functionaries, the governor was the superior in posi- 
 tion ; he commanded the troops, made treaties with the 
 Indians, and took precedence on all occasions of state. The 
 
 ' Lodge's English Colonics in America, pji. 413, 414. 
 
 -I. Garneau, 87. The "Instructions" in the early commission;- 
 ordered : " And according as affairs occur, you shall in person, "with the 
 advice of prudent and capable jiersons, prescribe — subject to our good 
 ]ileasure — all laws, statutes and ordinances ; in so far as they may con- 
 form to our own, in regard of such things and concernments as are not 
 provided for by these i)resents." 
 
 ■' The governor was styled in his commission, " Gouverneur et 
 Lieutenant-General en Canada, Acadie, Isle de Terre Xeuve, et autres pays 
 de la France Septentrionale ;" r.nd the intendant, " Intendant de la Jus- 
 tice, Police et Finances en Canada," etc. I. Doutre et Lareau, Histoire du 
 Droit Canadien, 130. 
 
CAXADA rXDER rUE FREXCII RECUME, 
 
 Z 
 
 intendaiit came next to him in rank, and hy virtiic of his 
 largo powors exeriiscd groat inlluonoo in tho (•ok)ny. He 
 })re.sid<'d at the <ouncil, and had control oi" all expenditures 
 of puhlie money. His c ommission also empowered him 
 to exercise judicial functions, and in certain casi's to issue 
 ordinances having- the force of law whenever it might be 
 necessary.' 
 
 AVhen th«» king re-organized the government of Canada 
 in the month of April, 1C)03, he dei reed the estahlishment 
 of a supreme council at Quebec.- This body, afterwards 
 called the superior council, consisted of the governor, the 
 bishop, the intcndant and five councillors, subsequently 
 increased to seven ' and eventually to twelve.' This 
 council exercised legislative, executive and judicial 
 powers. It issued decrees for the civil, commercial, and 
 financial government of the colony, and gave judgment in 
 <ivil and criminal causes according to the royal ordinances 
 and the ro/fhone de Paris, besides exercising tin* function 
 of registration borrowed from the Parliament of Paris. An 
 attorney general sat in the council, which was also em- 
 l^owered to establish subordinate t^ourts throughout the 
 colony. From the decisions of the intcndant or the 
 council there was no appeal except to the king in his council 
 of state. Local governors were appointed at Montreal and 
 Three Rivers, but their authority was very limited ; for 
 they were forbidden to fine or imprison any person with- 
 
 ' So^, Commissions of Intendants in Edlts^ et OrdonnanccK, III. 
 
 - E'lit de criation du conscil Sowcrain de Qurhic, Ih. T, 37. 
 
 •' In 1675, when the king confirmed tlie decree of lOGo (I. ///. So,) and 
 revoked the charter of the West India (o-, to which exehisive trading pri- 
 vileges had been conceded in 10G4. I. Doutre et Lareau, Histoire du Droit 
 Canadien, 118, 184. 
 
 ^ In 1703. The coiincillors were rarely changed and usually held 
 office for life. They were eventually chosen by the king from the inha- 
 bitants of the colony on the recommendation of the governor and intcn- 
 dant. The West India Co. made nominations for some years. The 
 iirst council, after the edict of 16G3, was selected by the governor and 
 liishop, but practically by the latter, Monseigneur Laval. Parkman,. 
 pp. ia5-6. 
 
4 r. 1 A'l/J MEXTAR y IXSTITi'TIOX.'S IX CAXADA. 
 
 out obtiiiiiiiig the iiocossary order from Quehec Neither 
 the seiiiHetfr nor the habitaf/t hud praetieully any voice 
 whatever in the government; and the royal governor 
 called out the militia whenever he saw lit, and pla<ed 
 ov^er it what officers he pleased. PuVdic meetings for any 
 purpose were jealously restricted, even when it was 
 necessary to make parish or market regulations.' No 
 s<'mblance of municii)al government was allowed in the 
 town and village communities. Provision had been made 
 in the constitution of 161)3 for the election of certain 
 municipal officers called syndics, to note any infraction 
 of public rights in the large communities ; })ut, after a few 
 futile attempts to elect such functionari<*s, the govern- 
 ment threw every obstacle in the way of anythinu' like a 
 municipal system, and the ])eople finally were left without 
 any control whatever over their most trivial local affairs. - 
 The very social falnic itself rested on feudal principles 
 modified to suit the condition of thinas in a new country. 
 The habitant held his lands on a tenure which, howe^ er 
 favourable to settlement, was based on the acknoAvl- 
 edgment of his dependence on the seii>nei(r. But at the 
 same time the lord of the manor, and the settler on 
 
 ' II no laisse pas d'etre do tivs grande consequwue. de no jias laisser la 
 libcrtt'" au i)e.u})le do dire son sentiment. (Menle.s au !Ministre, 1(»S.").) 
 Even meetings held by parishioners under the eye of the c-ure to esti- 
 mate the cost of a new church seem to have required a siK'cial license 
 from tlie intendant. (Parkman, The Old Regi"ie in Canada, p. 2S0.) Not 
 merely was the Canadian colonist allowed no voice in the government of 
 his i)rovince or the choice of his rulers, but he was not even permitted to 
 associate with his neighbour for the regulation of those municipal affairs 
 which the central authority neglected under the pretext of managing. 
 Lord Durham's 11., p. 10. 
 
 ^ Doutre et Lareau, Histoire du Droit Canadian, 138. The regulations 
 of 1*)47 show that such officers existed in Quebec, ]\Iontreal and Three 
 Rivers, but they had ceased to he appointed by 16(51. The first elections 
 held in 1063 were allowed to miscarry, and from that time forward, sa}s 
 Garneau, "There was no further question of free municipal government 
 in Canada, so long as French dominion endured, although a nominal 
 syndicate existed for a short time after that now under review," I. Gar- 
 neau, 189-90. 
 
(iOVKRSMEST moM 1760 TO 1774. O 
 
 liis cstato, wcn^ on ;ui equal footiim" to all iiit«'iits and 
 ])uri)osfs as rrsprrts any Vfal inlhicnrt' in tlif adniinistia- 
 tion ol' tln' public allairs ol' tlic rolony. Tlif \'*'vy name of 
 rarlianicnt had to the Frcmh colonist none ol" tliat siiini- 
 licancc it had to tlic iMiulishnian. wlicilicr livinu' in the 
 jtari'Ut state or in its de])endencies. The word in I'^vance 
 was api)lied only to a body whose ordinary I'unctions were 
 (if a judicial character, and whose very <lecrees bore the 
 impress continually of royal dictation. In Canada, as in 
 France, absolutism and centralization were the principles 
 on Avhich th<' iiovernnient was conducted. The king- 
 administered iHibli<- a Hairs throuuh the liovernor and 
 intendant, who reported to him as frequently as it was 
 l)Ossi})le in those times of slow coniniuni«ation between 
 the parent state and the <'olony.' The couiitry prospered 
 or languished, a<-cordinn- as th** king w as abh- or disposed 
 to take any inten'st in its affairs ; but even under the most 
 favourable circumstances it w as impossible that Canada 
 could make any di'cided political or material proiiTess 
 with a system of governnn'iit which centraliz'd all real 
 authority several thousand miles distant. - 
 
 II. Government from 1760 to 1774.— Canada became a pos- 
 Si'ssion of Great Britain by the terms of capitulation 
 signed on the 8th of September, 1760. ' By these terms great 
 Britain bound herself to allow the P'rench-Canadians the 
 free exercise of their religion ; and certain specified frater- 
 nities, and all communities of re/igieuses were guaranteed 
 
 ' " The Avliole system of atlniini.stration centred in the king, who, to 
 borrow the formula of his edicts, 'in the fullness of our power and our 
 certain knowledge,' was supposed to direct the whole machine, from its 
 highest functions to its pettiest intervention, in i)rivate affairs." Park- 
 man, Old Eegime, pp. 285-6. 
 
 - For accounts of system of government in Canada till the Conquest, 
 see I. Garneau, book iii., chap. iii. Parkman's Old Regime in Canada, 
 chap. xvi. Eeports of Attorney-General Thurlow (177o), and Solicitor- 
 General Wedderburne (1772), cited by Christie, vol. i., chap. ii. 
 
 ^ Atty.-Gen. Thurlow; Christie' ; Hist., vol- i., p. 4S. II. Garneau, 70. 
 
 ^ 
 
'6 rAnUAMESTMlY rXSTfTlTIOys IX CAXADA. 
 
 thf possession ol'ili.'ir iioods. » oustitutioiis and privileges, 
 ))ul a similar favour was denied to th»« Jesuits. Fran«iN- 
 eans or Ixecollets and Sulpicians until th»' Kin«>- should be 
 consulted on the suhjert. The same reservation was made 
 with resjx'ct to the ]>aro(hial cleruy's tithes. These terms 
 were nil included in the Treaty of Paris, sinned on the 
 lOih of lM'])ruary, 17«>->. ))y whi( h France i-eded to Great 
 Hritain, Canada, and all the l.aurentian isles, excei)t St. 
 Pierre and Micjuelon, insiunill«ant islands oil" the southern 
 coast of Xt'wfoundland, which were reijuired for the 
 ])rosecution of the French fisherii's. In this treaty Great 
 Britain })ound herstdf to allow the Canadians the free 
 exercisi^ of their relii>ion, Imt no reference was ma le in the 
 document to the laws that were to xn-evail throughout 
 the conquered <<)untry.' 
 
 For three years after the conquest the government 
 of Canada was entrusted to the military chiefs, stationed 
 at (^ue])ec, JMontreal and Three Ivivers, the headquarters 
 of the three departments into whi*!! General Amherst 
 divided the country.-' Military councils were established 
 to administer law, though as a rule the people did not re- 
 sort to such tribunals, but settled their diiiiculties among 
 themselves. In ITO-J. the King, George III., issued a pro- 
 clamation establishing four new governments, of which 
 Quebec was one.^ Labrador, from St. John's Kiver to Hud- 
 son's Bay, Anticosti, and the Mau'dakn Islands, were 
 pkiced under the jurisdiction of iS^ewfoundland, and the 
 islands of St. John (or Prince Edw^ard Island, as it was 
 afterwards called), and Cape Breton (He Koyale), with 
 the smaller islands adjacent thereto, were added to the 
 government of Nova Scotia. Express power was given 
 
 ' Atty.-Gtui. Tluiilow ; Christie, vol. i., p. 48. ^Milts, History of Canada 
 under Frencii Regime, app. xvi. 
 
 - These tliree divisions eorrosi)onded to the old ones under the Frentli 
 regime. General ^Murray was stationed at Quebec; General Gage at 
 Montreal; Colonel Burton at Three Kivers. II. Garneau, 82. 
 
 •' The others were East Florida, AVest Florida, and Grenada. The 
 boundaries of the several governments are set forth in the proclamation. 
 
aovi:/iX}{i:xT imoyr nan to 1774. 
 
 to the liovcniors, in tlu' It'ttcrs-ptd^'iit l)y which th«».se 
 i>"ovt'riini('iilN were constituted, to suiuinoii a-oiu'ral asscm- 
 hUcs, witli the advice and consent of his Majesty's 
 Council, '"in su<h manner and form as was usual in those 
 colonies and i)rovinces which were under the kini>'s 
 imniediat*' li'overnment." Authority was also u'iven to 
 the governors, with the consent of the councils, and the 
 representatives of the people, to make laws, statute's an<l 
 ordinan<'«\s for the jieace, welfare and good uovernment 
 of the colonies in qu«»stion. The ii-ov«'rnors were also 
 empowered to esta])lish, with the advice of the councils, 
 courts of jiulicature and i)ul)lic justice, for the hearing' of 
 civil and criminal causes, aciordinu' to law and equity, 
 and, as near as may })e, auTeeable to the hiws of England, 
 with tlie riuht of aj^peal in all civil cases to the privy 
 council.' (it'ueral Murray,' who was appointed governor 
 of (^Ui'l)ec on the 21st Novemlx'r, 17*>-), was commanded to 
 execut*' his olhce accordinu' to his commission, and accom- 
 panyinii' instructions or such other instructions as he 
 should receive under his Majesty's signet and sign 
 manual, or by his Majesty's order in council, and accord- 
 ing to laws made Avith the advice and consent of the 
 council and a8^;embly — the latter to be summoned as soon 
 as the situation and circumstances of the province should 
 admit. The persons duly elected by the majority of the 
 freehokhn-s of th(» respective parishes and places were 
 required, before taking their seats in the proi)Osed assem- 
 blies, to take the oaths of allegiance and supri'macv, and 
 
 ' rroclamation of 7th Uctober, ITti:!. Attv-Cicnoral Tliuiltiw s KciMirt • 
 ("liri.stie, vol. i., pp. 4ti-r)0. In the. debates on tlic (^ueliec liill, the va^nie- 
 uesft cf this proelaniatiun was sharply criticised, and no one api»t'.ars to 
 liave lieen \villin<r to as/innie the reriponsihility of havin;_' framed it for the 
 KinL'. ,\tty.-(ien. Thnrlow ackn<i\vk'd<:ed that '"it certainly -ave no order 
 whatevei with resix>ct to the constitution of Canada; it certainly was not 
 a tinished composition,'" etc. Cavendish's Debates, p. 21». 
 
 - Sir .Jetfory Andierst was in reality the first, and Gen. ^Murray the 
 second, governor-general of Canada. II. Garneau, 87 ; supra j). G. 
 
8 PARLIAMEXTARY IXSTITl'TIOXS IN CAXADA. 
 
 the declaration anfainst transubstaiitiatioii.^ All laws, 
 in conformity with the letters-patent, were to be trans- 
 mitted in three months to the king", for disallowance or 
 approval. The governor was to have a negative voice, 
 and the power of adjourning, proroguing and dissolving- 
 all general assemblies." 
 
 No assembly, however, ever met as the French-Canadian 
 population were unwilling to take the test oath,* and the 
 government of the province was carried on solely by the 
 governor- general, with the assistance of an executive 
 council, composed in the first instance of the two lieu- 
 tenant-governors of Montreal and Three Rivers, the chief 
 justice, the surveyor general of customs, and eight others 
 chosen from the leading residents in the colony/ From 
 1763 to 1774 the province remained in a very unsettled 
 state, chiefly on account of the uncertainty that prevailed 
 as to the laws actually in force. The " new subjects," or 
 French-Canadians, contended that justice, so far as they 
 were concerned, should be administered in accordance 
 with their ancient customs and usages, by which for a 
 long series of years their civil rights and property had 
 been regulated, and which thev also maintained were 
 secured to them by the terms of the capitulation and 
 the subsequent treaty. On th(» other hand, " the old," 
 or English subjects, argued from the proclamation of 1763 
 that it was his Majesty's intention at once to abolish the 
 
 ^ The oaths of allegiance, supremacy, and abjuration were formerly 
 required to be taken by every member in the English C ommons under 
 various statutes. By 29 and 30 Vict., c. 19, and 81 and 32 Vict., c. 72, a 
 single oath was prescribed for members of all religious denominations ; 
 May, 205. 30 Car. II., st. 2, c. 1, required members of both houses to sub- 
 scribe a declaration against transubstantiation, the adoration of the 
 Virgin, and the sacrifice of the mass. Taswell-Langmead, Const. Hist, 
 447, 6b2. 
 
 ■^ Atty.-Gen. Thurlow, in Christie, vol. i., pp. 50-1. 
 
 ^ It was convoked ^)ro /or /no, but never assembled. II. Garneau, 92, 108. 
 
 * II. Garneau, 87-8. Only one native French-Canadian was admitted 
 into this council. 
 
QUEBEC ACT, 1774. 
 
 9 
 
 old t>stablish('d jurisprudence of the country, and to 
 t'stablish English law in its place, even with respect to 
 the titles of lands, and the modes of descent, alienation 
 and settlement.' 
 
 TTT . Quebec Act, 1774.— The province of Quebec remained 
 lor elevt^n years under the system of g'OA'ernment estab- 
 lishi^d by the proclamation of ITOo. In 1774 Parlia- 
 ment intervened for the first tim(» in Canadian atl'airs and 
 made important constitutional changes. The previous 
 ( onstitution had been created by letters-patent under the 
 great seal of Great Britain, in the exercise of an un- 
 questionable and undisputed prerogative of the Crown. 
 The colonial institutions of the old possessions of Grreat 
 Britain, now known as the Cnited States of America, had 
 their origin in the same way." But in ltt4, a system of 
 oovernment was g-ranted to Canada bv tln^ express 
 authority of Parliament. This constitution was known as 
 the Queb(H^ Act,^ and greatly extended the boundaries^ 
 of the province of Quebec, as defined in the proclamation 
 of 1763. On one side, the province extended to the fron- 
 
 ' Atty.-Gen. Thnrlow, in C'liristie, vol. i.,pp. 51-63 ; also, Report of Atty.- 
 (ien. Yorke, and i<ol.-.Gen. DeGrey, 14th April, 1766, quoted by Thnrlow, 
 r%5. The latter able lawyer ex})res.sed himself very forcil)ly as to the- 
 ri<rhts of the French-Canadians: "They seem to have been strictly 
 entitled by the pis gentium to their property, as they possessed it upon 
 tlie capitulation and treaty of peace, together with all its qualities and 
 incidents by tenure or otherwise, and also to their jiersonal lil)erty. 
 • • • • It seems a necessary consequence that all those laws by which 
 that proi^erty was created, defined, and secured, must be continued to 
 tlieni. To introduce any other, as Mr. Yorke and Mr. DeGrey emj)hati- 
 cally expressed it, tends to confound and subvert rights, instead of sup- 
 jiorting them.'" Jb. 59. 
 
 - Beport of Committee of Council, 1st May, 1849, app. A., Vol. ii. 
 tarl Grey's Colonial Policy. 
 
 ■' 14 Geo. III., c. S3, "making more effectual provision for the govern- 
 ment of the province of Quebec, in North America." The bill, on the 
 motion for its jiassage, with amendments, in the House of Commons, 
 was carried by 56 yeas to 20 nays. In the House of Lords it had a 
 major.ty of 19; Contents 26, Non. Con. 7. Cav. Deb. iv., 296. 
 
10 rARLIAMKXTARY IXSTITUTIOys IX CAXADA. 
 
 "tiers of New Eiig'laiid. rciinsylvania, New York province, 
 the Ohio, and the left bank of th«' Misf^issippi ; on the 
 •other, to the Hudson's Bay Territory. Laljrador. and th«' 
 ishmds annexed to Newi'onndhind by th • procUimation of 
 1703, wt're made part of the province ot Qut'l)ec. 
 
 The ])ill was introduced in the Housi' of Lords on th<' 
 2nd of May, 1774, by the Earl of Dartmouth, then colonial 
 secretary of state, and passed that body without opposi- 
 tion. Much discussion, however, followed the bill in its 
 passagi^ through the House of Commons, and on its return 
 to the Lords the Earl of Chatham opposed it ' as a most 
 cruel, opprcssiA'e, and odious measure, tearing' up justice 
 and every g'ood principle by the roots." The opposition 
 in the proA'ince was among- the British inhabitants, who 
 sent over a petition for its repeal or amendment. Their 
 principal ^-rievance was that it substituted the laws and 
 usages of Canada for Enij-lish law.^ The Act of 1774 was 
 exceedingly unpopular in England and in tlie Enulish- 
 .speaking colonies, then at the commencement of the 
 Revolution.- Parliament, however, api:>ears to have been 
 influenced by a desire to adjust the government of the 
 province so as to conciliate the majority of the people". In 
 the royal speech closing the session, the law was charac- 
 terized as " founded on the plainest principles of justice 
 and humanity, and would have the best eliect in quieting 
 the minds and promoting the happiness of our Canadian 
 subjects." ■* 
 
 ' Car. Deb., preface, iii.-vi. 
 
 - The American Congress, in an address to the people cif (freat Britain, 
 September otli, 1774, declared the act to be '• nnju.>5t, miconstitutional, 
 and most dangerous and destructive of American rights." (I. Christie, 
 8-9.) In 1770, ]Mr. Maseres, formerly attorney-general of (Quebec, stated 
 that " it had not only otiended the inhabitants of the i)rovince, but 
 alarhied all the English provinces in Amerii'a." Cav. Delx, v. 
 
 •' Garneau, avIio represents French Canadian views in his history, 
 acknowledges that "the law of 1774 tended to reconcile the Canadians to 
 British rule." II., 125. 
 
 * Cav. Deb., iv. 
 
QUEBEC ACT, 1774. 
 
 11 
 
 The now constitution canu' into forco in OcIoIxt, lYTl. 
 The aet sets forth among' the reasons ibr leuishition that 
 the provisions made by the proehimation of 17<!-> were 
 "inapplieabk' to the state and circumstances of the said 
 province, the inhabitants whereof amounted, at the con- 
 quest, to above sixty-liv<^ thousand persons professing the 
 rehgion of the Church of Eome, and enjoying an estab- 
 lished form of constitution and system of kiws, by which 
 their persons and prop(n-ty had bei^n protected, governed, 
 and ordered for a long series of years, from the first estali- 
 lishment of the province." Consequently, it is provided 
 that Eoman Catholics should be no long*n- obliu'ed to take 
 the test oath, but only the oath of allegiance. The govern- 
 ment of the province was entrusted to a o'overnor and a 
 legislative coun<'il, aj)pointed by the Crown, inasmuch as it 
 was " inexpedient to call an assembly.'" This council was 
 to comprise not more than twenty-three, and not less than 
 seventeen members, and had the power, with the consent 
 of the governor or commander-in-chief for the time being, 
 to make ordinances for the j)^'ace, welfare, and good 
 government of the province. They had no authority, 
 however, to lay on any taxes or duties except such as the 
 inhabitants of any town or district might be authorized 
 to assess or levy within its precincts for roads and ordi- 
 nary local services." No ordinance could be passed except 
 by a majority of the council, and every one had to be 
 transmitted within six months after its enactment to his 
 Majesty for approval or di iallowance. It Avas also enacted 
 that in all matters of controversy, relative to i^roperty and 
 
 ' Fox contended for a rei)reseutative assenibly, but Lord North 
 exj^ressed his opinion that it was not wise for a I'rotestant govenuuent 
 to delegate its powers to a Cathohc assembly. Cav, Deb., 24U-S. 
 
 -A supplementary bill, passed in the session of 1774 (14 Geo. III., c.S8), 
 provided a revenue for defraying exj^enses of adnunistratit»n of justice 
 and civil government by imposing duties on spirits and molasses, in place 
 of old French colonial custom dues. The deficiency in the exi)e.nses was 
 supplied from, the imperial treasury. I. Christie, 1-2, 
 
12 PA RL Li MEXTA R Y lySTITVTIOXS IN CA XA DA . 
 
 fivil rights, roc^oiirsi^ should bo had to the French civil 
 procedure, whilst the criminal law of England should 
 obtain to the exclusion of every other criminal code which 
 might have prevailed before 1764. Both the civil and the 
 criminal law miirht be modified and amended bv ordi- 
 nances of the governor and legislative council. Owners 
 of lands, however, might bequeath th(ur property by will 
 to be executed, either according to the laws of Canada or 
 the forms prescribed by the laws of England. The act 
 also expressly gave the French Canadians additional assur- 
 ance that they would be secured in the rights guaranteed 
 to them by tht* terms of the capitulation and the subse- 
 quent treaty. Ivoman Catholics were permitted to observe 
 their religion with perfect freedom, and their clergy were 
 to enjoy their ' accustomed dues and rights" with respect to 
 such persons as professed that creed. Consequently, the 
 Roman Catholii^ population of Canada were relieved of 
 their disabilities many years before people of the same be- 
 lief in Great Britain and Ireland received similar privileges. 
 The new constitution was ina gurated by Major-G-eneral 
 Carleton, afterwards I^ord Dorchester,^ who nominated 
 a legislative council of twenty-three members, of whom 
 eight were Roman Catholics.- This body sat, as a rule, 
 with closed doors ; ' both languages w^ere employed in the 
 debates, and the ordinances agreed to were drawn up in 
 French and English. It was not able to sit regularly 
 on account of the government being fully occupied with 
 the defence of the province during the progress of the 
 -American war of independence.^ In It 76, the governor- 
 
 ' He Avas appointed Governor of Canada in 1772; in 177() created a 
 Knight of the Bath ; in 1786 raised to the peerage with the ahove title. 
 Caven. Deb., 100, note. 
 
 ^ Several M'ere public functionaries. II. Garneau, 106. 
 
 •' Councillors were required to take the following oath : — " I swear to 
 ke«p close and secret all such matters as shall be treated, debated, and 
 resolved in Council, without disclosing or pubHshing the same or any 
 part thereof." 
 
 * It did not meet during 1770. II. Garneau, 165. 
 
m 
 
 COXSriTVTIOyAL ACT, 1791. 18 
 
 o-en«M-al called to his assistance a privy council of five 
 mem])ers, in accordance with the royal instructions 
 accompanying- his commission. This advisory, not legis- 
 lative, body, was composed of the lieutenant-governor 
 and four members of the legislative council.' 
 
 IV. Constitutional Act, 1791. — The constitution of 1774 
 remained in force until the 20th of December, 1791, when 
 two jirovinces were established in Canada, and a more 
 liberal system of government was given to each section. 
 Whilst the American war of independence was in pro- 
 gress, the French Canadian people remained faithful to 
 I their allegiance, and resisted all the efforts of the Ameri- 
 cans to induce them to revolt against England.- One very 
 important result of the war was the immigration into 
 British North America of a large body of people who 
 remained faithful to British connection throughout thi^ 
 struggle in the old colonies, and were di'stined, with their 
 descendants, to . xercise a large influence on the material 
 and political development of Canada. Some forty thousand 
 loyalists, as near as can be ascertained, came into the 
 British American provinces. The majority settled in the 
 maritime colony of Nova Scotia, and founded the pro- 
 vince of New Brunswick ; but a large number, some ten 
 thousand probably, established themselves in the t^ountry 
 known as Upper Canada.^ By 1790, the total population 
 of Canada had reached probably over one hundred and 
 sixty thousand souls.^ In 1788, the governor created 
 
 ^ II. Garneau, 169. Exception was taken to the legality of tliis bo<ly 
 by Chief-Justice Livius, who contended that the law of 1774 only gave 
 authority to establish a legislative council. 
 
 ' In 1775, Greneral Washington addressed a i)roclamation to the 
 French Canadians ; Baron D'Estaing, commander of the French fleet, did 
 the same in 1778. All such efforts M'ere ineffectual. Speech of Sir G. E. 
 Cartier, Confed. Deb., 57-60. 
 
 ^ Introduction to Census Statistics of 1871, vol. iv., xxxviii.-xlii. 
 
 * The population of New France in 1760 was estimated at between 
 60,000 and 70,000, a considerable emigration to I'rance having taken 
 
 3S 
 
14 
 
 PARLTAMI'JXTARY IXSTITUTIOSS IX CAXADA. 
 
 five judicial districts in Upper and Lower Ciinadu, in order 
 to meet the requirements of the new popuhition.' It 
 had by this time become the opinion of Eniilish states- 
 men that it would be advisable to make further constitu- 
 tional ehaniyes in the province, more consonant with the 
 wishes of its lariye population, of which the British elcmcnil 
 now formed a very important part. The question ol 
 representative ^-overnmcnt auitated the province from 
 1788 to iVl^O, and petitions and memorials, embodyinii' the 
 conilicting vii'ws of the political parties into which the 
 peoph^ were divided, were pr(\sent(^d to the home i>-overn- 
 ment, which decided to deal with the question, after 
 receivini? a rc'port from Lord Dondiester, who had been 
 authorized to make full inquiry into the state of the 
 colony. In the session of 1701, Creorav III. sent a messaije 
 to the House of Commons dt'clarin^- that it would be for 
 the benefit of the people of the province if two distinct 
 o-overnments were established therein under the names ol 
 Lower Canada and Upper Canada.- Thi^ result was the 
 passage through Parliami^nt of the Constitutional Act of 
 1791,' which was introduced in the House of Commons. 
 
 ]ilace after tlie conquest. In 177."), tlie iKipulation of all Canada wni- 
 estimated at 5)0,000. In 1700, Nova Scotia had i)robal)ly nO ,000 inhabitants; 
 179;], Cajx'. Breton, L',000 ; St. John or Prince Edward Island, 4,500 in 
 170() ; New I'runswick had or),000 by ISOd.— (Census Statisticsof 1S71, vol. 
 i V.) Others estimate the population of Canada in 17'JO at only 135,000. II. 
 ( rarneau, 205. 
 
 ' The district in the province of Quebec was called Gaspe ; the other 
 f(jur in the upjier section were called Lunenburp:, INIecklenburg, Nassau 
 and Hesse, after great houses in Germany, allied to the royal family of 
 England. Lunenburtr extended from the Ottawa to the Gananoque ; 
 Mecklenburg, from the Gananoque to the Trent; Nassau, from the Trent 
 to Long Point, on Lake Erie ; and Hesse embraced the re-s* of Canada 
 to the St. Clair. 1. Doutre et Lareaii, Histoire du Droit Canadien, 744. 
 
 2 March 4, 1791. L Christie, 68-9. 
 
 •' 31 Geo. III., c. 31. " In Upper and Lower Canada the three estates 
 of governor, council and assembly were established, not by the Crown 
 (as in the case of the old colonies) but by the express authority of Parlia- 
 ment This deviation from the general usage was unavoidable, because 
 
(OXSTfTrTIOXAL ACT, 1791. 
 
 1. 
 
 by Mr. Pitt. This art oivat»'d mucli discussion in rarlin- 
 moiit and in Canada. avIht*' tho principal opposition came 
 from th«' Piritish inhabitmits oi Lower Canada.' !Mnc]i 
 jealousy already existed between the two races, who were 
 to be still more divid«'d from each other in the course of 
 the operation of the new constitution. The authors of the 
 new scheme of iiovernment, however, were of oj^inion 
 that the division of Canada into two provinces would 
 have the effect of creating' harmony, since the French 
 would be left in a majority intone section, and the IJrilish 
 in the other." The Quebec Act, it was o-cnerally admitted, 
 liad not promoted the prosperity or happiness of the 
 ])eople. Great uncertainty still existed as 1o the laws 
 actuallv in foree undiT the act. Although it had bi'cn 
 >ixteen years in operation, neither the jiulges nor the bar 
 clearly understood the iharacter of the laws of Canada 
 previous to the conquest. No certainty existed in any 
 matters of litigation except in the case of the possession, 
 transmission, or alienation of landed prop«n1y, wht^'e the 
 custom of Paris was quite clear. The Canadian courts 
 sometimes admitted, and at other times rejected. French 
 law, without explaining the grounds of their determina- 
 
 it was jiulec'd ritrht to inii)art to the Eonian Catliolif jtojiulatinn cftht- 
 (anadas privileges which, in the year 17i'l, the Crown could not have 
 leirally conferred upon tlieni. There is also reason to believe that the 
 settlement (:>f the Canadian constitution, not by a j^rant from the Crown 
 merely, l)Ut in virtue of a positive statute, was regarded by the American 
 loyalists as an imjiortant guarantee for the secure enjoyment of tlieir 
 iditical franchises." Eop. of Com. of Council, lstMay,184!»; Earl Grey's 
 Colonial I'olicy, ii. vc>l., app. A. 
 
 ' Mr. Adam Lymbnrner, a Quebec merchant, was lieard on the 2ord 
 ^larch, 17!il, at the l)ar of the House of Commons against the bill. I. 
 (hristie. 74-114. 
 
 - ]Mr. I'itt said : " I hope this separation will put an end to the com- 
 petition between the old French inhabitants and the new" settlers from 
 hritain and the English Colonies." Edmund Burke was of opinion that 
 '■ to attempt to amalgamate two jwpnlations composed of races of men 
 diverse in language, laws, and customs, was a complete absurdity." For 
 debates on bill see Eng. Hans., Pari. Hist., 28 vol., p. 1271 ; 29 vol., pp, 
 104, 359-159, 055. II. Garneau, 198-203. I. Christie, ()0-114. 
 
16 rAULIAMKXTARY ISSTITlTIOSs IX CAXADA. 
 
 tion. Ill not a fow casos, th<» judufos woro confessedly 
 ignorant of Fn'iich Caiuidiaii jnrisprudtMK'c' 
 
 The Constitutional Act of ITl'l established in each 
 province a leiiislative conncil and asseni])ly, with power to 
 make laws. The legislative conncil was to be appointed 
 by the king for life — in Upper Canada to consist of not 
 less than seven, and in Lower Canada of not less than tii- 
 teen members. Members of the council and assembly must 
 be of the age of 21, and either natural -born subjects, or 
 naturalized by act of Parliament, or subjects of the Crown 
 by the conquest and cession of Canada. The sovereign 
 might, if he thought proper, annex hereditary titles of 
 honour to the right of being summoned to the legislative 
 council in either province.- The speaker of the council 
 was to be appointed by the governor-general. The whole 
 number of mtunbers in the assembly of Upper Canada 
 was not to be less than sixteen ; in Lower Canada, 
 not less than fifty '^ — to be chosen by a majority of votes 
 in either case. The limits of districts returning repre- 
 sentatives, and the number of representatives to each, 
 were fixed by the governor-general. The county mem- 
 bers were elected by owners of lands in freehold, or in 
 fief or roture, to the value of forty shillings sterling a 
 
 ^ I. Christie, 07. Mr. Lymburner, lb. 77-79 ; Report on Administra- 
 tion of Justice, 17S7. II. Garneau, 189-90. 
 
 '' Xo titles were ever conferred under the autliority of tlie Act. Colonel 
 Pepperell was the first American colonist who was made a baronet for 
 his services in the capture of Louisbourg, 1745. Such distinctions were 
 very rare in Canada during the years previous to confederation. Chiel' 
 Justices James Stuart and J. B. Robinson were both made baronets in 
 the early times of Canada. But, since 18(37, the Queen has conferred 
 special marks of royal favour on not a few Canadians of merit. (See Todd 
 Pari. Govt, in the Colonies, 232 et seq.) The Order of St. Michael and St. 
 George was expressly enlarged with the view of giving an Im})erial 
 recognition of the services of distinguished colonists in different parts of 
 the Empire. 
 
 ^ Mr. Fox was of opinion that the assembly in Lower Canada should 
 have at least one hundred members ; he was also in favour of an elective 
 legislative council. 
 
COXSTirVTrOXAL ACT, 1791. 
 
 It 
 
 year, over and ahove all rents and charges payable out of 
 the same. Members for the towns and townships were 
 elected by persons having- a dwelling houst' and lot of 
 irronnd therein of the yearly value of =£5 sterlinu' or 
 upwards, or who having resided in the town for twelv*^ 
 months, previous to the issue of the election writ, shoiild 
 have bona fide paid one year's rent for the dwelling" housiv 
 in which he shall have resided, at the rate of oClO sterling 
 a year or upwards. No legislativt' councillor or ch^-gy- 
 man could be elected to the assembly in either province. 
 The governor was authorized to fix the time and place of 
 holding the meeting of the h^gislature, and to prorogue 
 and dissolve it whenever he deemed either course expe- 
 dient ; but it was also provided that the legislatuxe was 
 to be called together once at least every year, and that 
 each assembly should t-ontinue for four years, unless it 
 should be sooner dissolved by the governor. It was in 
 the power of the governor to withhold as w^ell as give 
 the royal assent to all bills, and to reserve such as he 
 should think fit for th(,' signification of the pleasure of the 
 Crown. The British Parliamt>nt reserved to itself the 
 right of providing regulations imposing, levying and 
 lollecting duties, for the regulation of navigation and 
 commerce to be carried on between the two provinces, or 
 j between either of them and any other part of the British 
 dominions or any foreign country. Parliami-nt also 
 reserved the power of appointing or directing the payment 
 of duties, but at the same time left the exclusive appor- 
 tionment of all moneys levied in this way to the legisla-- 
 tm'e, which could apply them to such public uses as it 
 might deem expedient. It was also provided in the new 
 constitution that all public functionaries, including the 
 governor-general, should be appointed by the Crown, 
 and removable at the royal pleasure. The free exercise of 
 the Roman Catholic religion was guaranteed permanently. 
 The king w^as to have the right to set apart, for the use 
 of the Protestant clergy in the colony, a seventh part of 
 2 
 
 i 
 
18 I'MlLIAMEXTAnV IXSTITCTIOXS IX CAXADA. 
 
 nil uncleared orown-lands. The governors might aUo be 
 empowered to erect ]>iirsoiinges and endow them, and to 
 present incumbents or minist»'rs of the Church ol' England, 
 and whilst i)owerwas given to the provin<'ial legislatures 
 to amend the ]n*ovisions respecting allotments for the 
 support of the Protestant clergy, all bills of such a nature 
 could not be assented to until thirty days after they had 
 l)een laid before ])oth houses of the Imperial Parliament.' 
 The governor and executive council were to remain a 
 court of appeals until the legislatiuvs of the i>rovinces 
 might make other provisions.- The right of becjueathinn 
 property, real and personal, was to be absolute and unre- 
 stricted. All lands to be granted in Upper Canada were 
 to be in free and common so<age, as well as in Lower 
 Canada, when the grantee desired it. English criminal 
 law was to obtain in both provinces. 
 
 A proclamation was issued on the 18th of November, 
 lt91, bringing the act into force on the 2(Jth of December, 
 1*791.'' On the 7th of May. 1792, Lower Canada was di- 
 vided into fifty electoral districts, returning altogether 
 fifty mem})ers. The legislature of that province was 
 called together by proclamation of the .30th of October, 
 and met for the first time accordingly at Quebec on the 
 I7th of December, 1792. The legislatiA'e council was com- 
 posed of fifteen members.^ The government of Upper 
 Canada was organized at Kingston in July, 1792, when 
 
 * The intent of these {)rovi6ions Avais to preserve the rights and interests 
 of the estabhshed Church of England in both i)rovinces from invasion by 
 tlieir respective legislatures. I. Christie, 122. See infra, p. o2, d seq. 
 
 '■' An ordinance of the province of Quebec had so constituted the 
 Executive, provision was made subsequently as required by the Act. 
 
 ■' By the lieutenant-governor, Greneral Alured Clarke, The governor- 
 general, Lord Dorchester, was absent in England. This proclamation 
 set forth the division line between the provinces as stated in the order of 
 council of the previous August — the Ottawa Kiver being the line as far 
 as Lake Temiscamingue. I. Christie, 124. 
 
 * Hon. W. Smith, chief justice, was appointed speaker x.i the legislative 
 council of Lower Canada; J. A. Panet was elected speaker of the legisla- 
 tive assembly. See L Christie, 120-8., where names of members of botli 
 
coxsTrrcnoxAL act, nni. 
 
 19 
 
 tlu' iin'inlxTs of tho I'XCM'iitivc and loi^islativ*' councils 
 wcro sworn and writs issued I'or the election of the 
 assemhly. The iirst meetino- of the len'islature of Ilj^per 
 Caiuida — wdth seven nieinhers in th«' leuislative council 
 and sixteen in the assem})ly — was held at Newnrk, (the 
 old name of Niauara) on the ITth of Septeniher. 17M-, and 
 was formally oi)ened bv Tiieutenant-dovernor Sinicoe.' 
 l)oth legislatures even in those early times of the pro- 
 vinces, assembled with all the formalities that are ob- 
 served at the openiuii" of the Imperial Tarliament.' The 
 rules and orders adoi)ted in each leuislature were based, 
 as far as practicable in so new a country, on the rules and 
 usaii'es of its ]>ritish prototype.' 
 
 The Constitutional Act of IT'.H was franu'd with the 
 avowed object of " assimilatinu' the constitution of Can- 
 ada to that of Crreat Britain, as nearly as the dillerence 
 urisinq- from the manners of the people, and from the 
 l)resent situation of the province will admit."* 
 
 Houses are p veil. The legislature met for .some years in the buildiiiir 
 kiuiwn as the old Uishop's Palaie, situated between the CJrand Battery 
 and Tresfott (iate. 
 
 'Hon. AV. Usgoode, ihief justice^, si>eaker of legislative couneil ; ^X. 
 3Iacdonnell, S])eaker of legislative assembly. The first meeting was 
 in a rude frame house, aliout half a mile from the village — it was not un- 
 usual for the members to assemble intheoi)en air. (S^-adding's Toronto, p. 
 L*!».) Tlie legislature of Ui»i)er Canada was removed to York, now Toronto, 
 in 1797 — that town having beon founded and named by Governor Himcoe 
 ill 1795. (Withrow, L'!i2.) The provineial legislature met in a wootleii 
 building on what is now known as Parliament street. Scadding's 
 Toronto, pj)., 20-7. 
 
 -The Duke de Itochefoucauld-Liancourt, who was present at an "ojien- 
 iiig" in 1795, at Newark, gives a brief account of the ceremonial observed 
 even amid the humble surroundings of the first Parliament. See vol. ii., 
 p. 88. 
 
 •* Chap, v., infra. 
 
 * Despatch of Lord Grenville to Lord Dorchester, 20th Oct., 1789, given 
 in App. to Christie, vol. vi., pj). lG-2<). Lt.-Governor Simcoe, in closing the 
 tirst session of the legislature of Ui)])er Canada, said that it was the desire 
 of the imperial government to make the new constitutional system, " an 
 image and transcript of the British constitution." See Journals of U. C, 
 1792 ; E. Commons Paiiers, 1839, vol. 33, p. 100. 
 
20 rARLiAMEsrAnv issTirrrKfSs is ( asada. 
 
 For somo years jit't«'r the iiuiuuruviitioii ol' th»' ii«'w con- 
 stitution, j)()liti(al imitlcrs j)r()t'('t'(I»'(l with more <n* Irss 
 hannonv, })iit cvfutuallv a <<>nllirt arosf Ih'twt'cn th«» 
 g'ovt'rnors and the r«'pr»'s«'ntativt's in thr ass»'ni})ly us well 
 as hi'twt'cn tho latter and the uppi'r house, whidi kept 
 the people in the dillerent proviiu-es, especially in Lower 
 Canada, in a state ol' <'ontinual aiiitation. In Upper and 
 Lower Canada the oilieial class was arrayed, more or iess^ 
 with tin; le*»islative council a^-ainst the nuijority in the 
 assenil)ly. Li Lower Canada the dispute was at last so 
 ag'|2;ravated as to prevent the harmonious operation of the 
 constitntion. The assembly was constantly liuhtin^- lor 
 the independence ot" Tarliament, and the exclusive con- 
 trol of the snp])lies and the civil list. The control 
 of " the casual and territorial revenm'S " was a snbjet t 
 which provoked constant dispute lu-tween the crown 
 officials and the assemblies in all the provinces. These 
 revenues were not administered or approi>riated by 
 the legislature, but by the governors and their officers. 
 At length, when the assemblies refused supplies, the 
 executive government avaih'd itself of these funds in 
 order to make itself independent of the legislature, and 
 the people through their represt'iitatives lould not obtain 
 those reforms which th(»y desired, nor exercise that inilu- 
 ence over officials which is essential to good government.' 
 The goA'ernor dissolved the Quebec legislature with a fre- 
 quency unparalleled in political history, and was per- 
 sonally drawn into the conflict. Public officials were 
 harassed by impeachments. The a'^sembly's bills of a 
 financial, as well as of a general character, were frequently 
 rejected by the legislative council, and the disputes 
 between the two branches of the legislature eventually 
 rendered it impossible to pass any useful legislation. In 
 this contest, the tw^o races were found as a rule, arrayed 
 
 ^ Mr. W. Macdoiigall : Mercer v. Attorney-General for Ontario, Canada 
 Sup. Court Rep., vol. v., pp. 545-6, 
 
coys Ti n "n(>s. \i, act, i toi. 
 
 21 
 
 aiiainst «'arh otluT in the ))it^'n'st aiilaufoiiisin.' Apjn'als 
 to th«» liomt' liovcnuiK'nt \vt'r(» v*'i y joniinon, but no satis- 
 iUt'tory rt'Nults wvw attained as lonu" as tlu' ionstitiition 
 ol' 171H i"»'inain«'(l in loicc In Ui>p<'r Canada the linan- 
 cial disi)ut( .s, wliich Wi'Yo of so au'ixravatod a tliaiiutcr in 
 tilt' lowiT provinct*, were nior«' easily arranged; ])ut nover- 
 tlii'lcss a i»rt'at deal of irritation existed on aeeount of the 
 piitronai^e and ])<)liti(al inllueiice ])eiiiii- almost exclusively 
 in the liands of the ollicial class, \vhich i)ractically con- 
 troUed the executive and le«iislative councils. - 
 
 In Nova Scotia, the majority of the house of assenildy 
 Avere continually i>rotestini»' against the composition of the 
 executive and legislativt' coun<ils, and the preponder- 
 ance therein of certain interests which they conceived 
 to be uni'avourable to reform.' In New IJrunswick, for 
 years, the disi>utes between the executive and lei>-isla- 
 tive powers w ere <haracteri/ed by much acrimony, ])ut 
 eventually all the revenues of the ])rovince were con- 
 ceded to the assemblv, and the uovernment became more 
 harmonious from the moment it was conlided to those 
 who had the conliden<'e of the majority in the house.' In 
 Prince Edward Islaiul, the ixditical diiUculty arose from 
 the land monopoly,"' whi<h wms not to disappear in its 
 entirety until the colony became a part of the confedera- 
 tion of Canada. But Avhen we come to review the politi- 
 
 ' " I exiiecterl to find a contest between a frovernment and a ixAO])le; I 
 found two nations \varrin<r in tlio Ixisoni of a ^in-rle state; I founil a 
 strnjrjrle, not of jirinciples, lint of races." Lord Durliani's 1{,, p. 7. 
 
 - Lord Durham's 11., p\\ .")(i-.vS. 
 
 •' Mr. Yonn<r to Lord l)urliani, K., p. 7"), and Api>. At the time of 
 the border diliicultics with Elaine, the Nova kScotia lejiislature voted the 
 necessary sujiplies. " Yet," said ^Nlr- Howe, '' those 'wlio voted the money, 
 who were resiMinsilde to their constituents for its exjienditure, and with- 
 out whose consent (for they formed two-thirds of tlie Commons) a shilHng 
 could not ha\e been drawn, had not a einjrle num in the lf)cal cabinet by 
 whom it was to bo sjK'nt, and by whom, in that trying emergency, the 
 governor wtjnlil Ije advised.'' 
 
 * Lord I)urham's IJ., p. 74. 
 
 ^ i 'Ad. p. 75. 
 
22 PARUAMEyTARY IXSTirmOXS IN CANADA. 
 
 cal condition of all the provinces we find, as a rule, 
 " representative government coupled with an irrespon- 
 sible executive, the same abnse of the powers of the 
 representative bodies, owing to the anomaly of their posi- 
 tion, aided by the want of good municipal institutions ; 
 and the same constant intt^rference of the imperial admin- 
 istration in matters which should be left wholly to the 
 provincial governments."' In Lower Canada, the descend- 
 ants of the people who had never been allowed by France 
 a voice in the administration of public affairs, had, after 
 some years' experience of representative institutions, en- 
 tered fully into their spirit and meaning and could not now 
 be satisfied with the workings of a political system which 
 always ignored the wishes of the maj .-ity who really 
 represented the people in the legislature. Consequently, 
 the discontent at last assumed so formidable a character 
 that legislation was completely obstructed. Eventually, 
 this discontent culminated in the rebellion of 183*7-8, 
 which inflicted much injury on the province though 
 happily it was confined to a very small part of the people.^ 
 An attempt at a rebellion was also made in the upper 
 province, but so unsuccessfully that the leaders were 
 obliged to fly almost simultaneously with the rising of 
 their followers ; ^ though it was not for many months 
 afterwards that the people ceased to feel the injurious 
 effects of the agitation which the revolutionists and their 
 emissaries endeavoured to keep up in the province. In the 
 lower or maritime colonies, no disturbances occurred,^ 
 
 ^ Lord Durham's R., p. 74. 
 
 - For various accounts of this ill-advised rebellion in L. C, see IT. 
 Gaj neau, chaps, ii. and iii., Book 16, pp. 418-96 ; Christie, vols. iv. and v. 
 Withrow, chap, xxvii. 
 
 ^ Life of W. Lyon Mackenzie, C. Lindsey. AVithrow, chap, xxviii. 
 
 * " If in these provinces there is less formidable discontent and less 
 obstruction to the regular course of government, it is because in them 
 there has been recently a considerable departure from the ordinary course 
 of the colonial system, and a nearer approach to sound constitutional 
 practice." Lord Durham's E., p. 74. 
 
COXSTirrTTOXAL ACT, 1791. 28 
 
 and the loadors of tho popular party wore amoii2: the first 
 to assist the authorities in their efibrts to preserve the 
 public tranquillity, and to express themselves emphati- 
 cally in favour of British connection/ 
 
 The result of these disturbances in the upper provinces 
 was another thange in the constitution of the Canadas. 
 The imperial government was calh-d upon to intervene 
 promptly in their affairs. Previous to the outbreak in 
 Canada the govi'rnnient had sent out royal commis- 
 sioners with instnirtions to inquire fully into the state 
 of the province of Lower Canada, where the ruling" party 
 in the assembly had formulated their grievances in the 
 shape of ninety-two resolutions, in which among other 
 things they demanded an elective legislative council." 
 Lord Grosford came oirt in 1835 as governor-general and 
 as head of the commission,'' but the result tended only to 
 intensify the discontent in the province. In 183Y, Lord 
 John Russell carried, in the House of Commons, by a large 
 majority a series of resolutions, in which the dt'mand for 
 an elective legislative council and other radical changes 
 was positively refused.^ Li this public emergency, the 
 Queen was called upon on the 10th of February, 1838, to 
 sanction a bill passed by the two houses, susp'^iding the 
 constitution and making temporary provision for the 
 government of Lower Canada. This act' was proclaimed 
 in the Quebec Gazette on the 29th of March in the same 
 year, and, in accordance with its provisions, Sir John 
 Colborne appointed a special council,'* which continued 
 
 ^ See remarks of ^Ir. Joseph Howe at a public meeting held at Halifax, 
 N. S., in 1838. I. Howe's Life and Letters, 17L 
 
 ^ 11. Garneau, 414-5. Journals, L. C, 1834, p. 810. 
 
 ^ Withrow, 365. Sir C. Grey and Sir G. Gipps were associated with 
 Lord Gosford on the Commission. 
 
 * Eng. Com. J. [92] 305 ; Mirror of P., 1243-4. 
 
 ^ 1 and 2 Vict., c. 9; 2 ajid 3 Vict., c. 53. 
 
 ^ V. Christie, 51. The first ordinance suspended the Habeas Corjjus 
 and declared that the enactment of the council should take efiect from 
 date of passage. 
 
"24 PARLTAMEXTARY IXSTITUTIOXS TX CAXADA. 
 
 in office until the arrival of Lord Durham, \vho super- 
 seded Lord Grosford as governor-general,' and was also 
 entrusted with large powers as high commissioner " for 
 the adjustment of certain important affairs, affecting the 
 provinces of Upper and Lower Canada."' Immediately on 
 Lord Durham's arrival he dissolved the special council 
 just mentioned and appointed a new executive council.' 
 This distinguished statesman continued at the head of 
 affairs in the province from the last of May, 1838, until 
 the 3d of November in the same year, when he returned to 
 England, where his ordinance of the 28th of June, sen- 
 tencing certain British subjects in custody, to transpor- 
 tation without a form of trial, and subjecting them, and 
 others not in prison, to death in case of their return to the 
 country without permission of the authorities, had been 
 most severely censured in and out of Parliament as 
 "entirelv unwarranted bv law.^ So strona' was the feeling in 
 the Imperial Parliament on this question, that a bill was 
 passed to indemnify all those who had issued or acted in 
 putting the ordinance in force.'' 
 
 V. Union Act, 1840. — The immediate result of Lord Dur- 
 ham's mission was an elaborate report,'' in which he fully 
 reviewed the political difficulties of the provinces and re- 
 commended imperial legislation with the view of remedy- 
 ing existing evils and strengthening British connection. 
 
 ^ V. Christie, 48-9. Sir John Colborne was only admini;^trator at this 
 time. 
 
 '^ For instructions, in part, to Lord Durham and his remarks in the 
 House of Lords on acceiiting the otftce, see Y. Christie, 47-50. 
 
 » V. Christie, 150-51. 
 
 * For debates on question, text of ordinance and accompanying pro- 
 •clamation, see Ibid. 158-83. 
 
 » Tliis bill was introduced by Lord Brougham, the severest critic of 
 Lord Durham's course in this matter. (1 and 2 Vict., c. 112.) In admit- 
 ting the questionable character of the ordinance, Lord Durham's friends 
 deprecated the attacks made against him, and shoAved that all his mea- 
 sures had been influenced by an anxious desire to i)acify the dissensions 
 in the provinces. Y. Christie, 183-94. 
 
 ^ Officially communicated to Parliament, 11th Feb., 1839. 
 
UXIOX ACT, 1S40. 
 
 25 
 
 The most important recommendation in the report was to 
 the effect that " no time should be lost in proposinof to 
 ParlianieuL a r)ill for restoring the union of the Canadas 
 under one legislature, and reconstructing them its one pro- 
 vince." On no point did he dwell more strongly than on 
 the absolute necessity that existed for entrusting the gov- 
 ernment t' the hands of those in whom the r«'prest'ntatiYe 
 body had ..onfidence.^ He also proposed that i^ie Crown 
 should give up its revenues, except those derived from land 
 sales, in exchange for an adecjuate civil list, that the inde- 
 pendence of the judges should be secured, and that muni- 
 cipal institutions should be established without delay " as 
 a matter of vital importance." The first immediate result 
 of these suggestions was the presentation to the Imperial 
 Parliament on the 3d of May, 1839, of a royal message,^ 
 recommending a legislative union of the Canadas. In the 
 month of June in the same year, Lord John Iiussell intro- 
 duced a bill to re-unite the two provinces, but it was 
 allowed, after its second reading, to lie over for that session 
 of Parliament in order that the matter might be fully 
 considered in Canada and more information obtained ou 
 the subject.'^ Mr. Poulett Thomson^ was appointed gov- 
 
 ' " I know not how it is jwDSsible to seciiro harmony in any other way 
 than by administering the government on those i)rinciples which have 
 been found jierfectly efiicacious in (ireat Britain. I would not impair a 
 single jirerogative of the Crown; on the contrary, I lielieve that the inter- 
 ests of the peoi)le of these provinces require the protection of prerogatives 
 which have not hitherto been exercised. But the Crown must, on the 
 other hand, submit to the necef-sary consequences of representative insti- 
 tutions ; and if it has to carry on the government in unison with a repre- 
 sentative body, it must consent to carry it on by mea!Ls of those in whom 
 that representative body has contidence." Page 10(3 of E. 
 
 ' Mr. I'oulett Thomson's remarks to S[)ecial Council, 11th ^'ov., 1839. 
 V. Christie, 316. 
 
 •' V. Christie 280-90, The opinion of the British Parliament was 
 decidedly favourable to the bill. 
 
 * Mr. Thomson was a member of the Imix?rial Parliament and of 
 decidedly advanced views in politics. Sir John Collwrne was governor 
 in the interval betAveen Lord Durham's retirement and ]Mr. Thomson's 
 apiKjintment. 
 
26 
 
 PARLIAMEXTARY IXSTITUTIOXS IX CAXADA. 
 
 ernor-general with the avowed object of carrying out the 
 policy of the imperial goTeniment, and immediately after 
 his arrival at Montreal in November, 1839, he called the 
 special council together, and explained to them " the 
 anxious desire felt by Parliament and the British people 
 that a settlement of the questions relating to the Canadas 
 should be speedily arrived at." The council passed an 
 address in favour of a re-union of the provinces under one 
 legislature as a measure of "indispensable and urgent 
 necessity." ^ The governor-general, in the month of De- 
 cember, met the legislature of Upper Canada, and after 
 full consideration of the question, both branches passed 
 addresses in favour of union, settina* forth at the same 
 time the terms which would be considered most accept- 
 able to the province." 
 
 It will be seen that the imperial government considered 
 it necessary to obtain the consent of the legislature of 
 Upper Canada, and of the special council of Lower 
 Canada, before asking Parliament to re-unite the two pro- 
 vinces. Accordingly, Lord John Russell, in the session of 
 1840, again brought forward his bill entitled, " An Act to 
 re-iinite the provinces of Upper and Lower Canada, and 
 for the government of Canada,"'^ which w^as assented to 
 on the 23rd of July, but did not come into effect- until the 
 10th of February in the following year, in accordance with 
 a suspending clause to that effect.^ The act provided for 
 
 1 Special Coun. J., Nov. 11, 12, 13, 14. V. Qiristie, 310-22. 
 
 2 Leg. Coun. J. (183!)-49) 14, c^c. Leg. Ass. J. (1839-40), 16, 57, 63, 6(), 
 161, 164. V. Christie, 326-56. PrcN iously, however, in 1838, a committee 
 of the House of Assembly of Up})er Canada had declared itself in favour 
 of the proposed union. Upp. Can. Ass. J. (1838), 282. 
 
 ^ 3 and 4 Vict., c. .35. The bill i)assed with hardly any opposition in 
 the Commons, but it Avas opposed in the Lords by the Duke of Welling" 
 ton, the Earl of Gosford, and the Earl of Ellenborough, besides others. 
 
 * Mr. Poulett Thomson, now created Lord Sydenham, issued his 
 proclamation on February 5, 1841, and took the oath on that day 
 as governor-general f'-om Chief Justice Sir James Stuart at Govern- 
 ment House in Montreal. Mr. Thomson's title was Baron Syden- 
 ham, of Sydenham in the County of Kent, and of Toronto in Canada. 
 
UNION ACT, 1S40. 
 
 27 
 
 a legislative ocniicilol not less than twenty members, and 
 for a legislative assembly in \vhich each section oi the united 
 pioyinces would be represented by an equal number of 
 members— that is to say, forty-two for each oi eighty-four in 
 all. The speaker of the council was appointed by the 
 Crown, and ten members, including the speaker, consti- 
 tute a cjuorum. A majority of voices was to decide, and 
 in case of an equality of votes the speaker had a casting 
 vote. A legislative councillor w*ould vacate his seat by con- 
 tinuous absence for tw^o consecutive sessions. The number 
 of representatives allotted to each province could not be 
 changed except with the concurrence of two-thirds of the 
 members of each house. The cjuorum of the assembly 
 was to be tw^enty, including the speaker. The speaker 
 was elected by the majority, and was to have a casting 
 vote in case of the votes being ecjual on a question. 
 No person could be elected to the assembly unless he 
 possessed a freehold of lands and tenements to the value 
 of five hundred pounds sterling over and above all debts 
 and mortgages. The English language alone was to be 
 used in the legislative records.^ A session of the legis- 
 lature should be held once, at least, every year, and each 
 
 (V. Christie, 357-8.) The. first parliament of the united Canatlas was 
 held at Kingston, 14tli June, 1841. In 1844 it was removed to ^lontreal 
 (then a city of 40,000 souls), on address. Mr. Speaker Jameson and 
 other Upper Canadian legislative councillors left their seats rather 
 than agree to the vote for the change. The legislature remained at 
 Montreal until the riots of 1849, on the occasion of the Rebellion 
 Losses Bill, led to the adoption of the system, under which the legisla- 
 ture met alternately at Quel^ec and Toronto — the latter city being first 
 chosen by Lord Elgin. An address to the Queen to select a permanent 
 capital was agreed to in 1857, and Ottawa finally chosen. The Canadian 
 Parliament assembled for the first time on the 8th June, isoti, in the 
 new edifice constructed in that city. The British Nortli America Act, 
 1867, s. 10, made that city the political capital of the Dominion. Tur- 
 cotte, 1st part, 71, 144 ; 2nd part, 119, 315-lG. 
 
 ' The address from the Upper Canada Assembly prayed for the equal 
 representation of each province, a permanent civil list, the use of the 
 English language in all judicial and legislative records, as well as in the 
 
28 
 
 PARLIAMESTARY ISSTITUTIOyS IS CANADA. 
 
 log-islativo assombly was to have a duration of four 
 yi'ars, uiilos.s sooner dissolved. Provision was made for 
 a consolidated reA'enue fund, on which the first charges 
 were expenses of collection, manaf»enient, and receipt of 
 revenues, interest of public dc])t, payment of th»^ clersy, 
 and civil list. The fund, ome these payments were made, 
 could be a]>propriated I'or the i)ublic service as the legis- 
 lature might think proper. All votes, resolutions or bills 
 involving the expenditure of public mon(>y were to be first 
 recommended by the governor-general.' 
 
 The passage of the Union Act of 1840 was the com- 
 mencement of a new era in the constitutional history of 
 Canada as well as of the other provinces. The statesmen 
 of Great Britain had learned that the time had arrived for 
 enlarging the sphere of self-government in the colonies of 
 British North America; and consequently from 1840 we 
 see them year by yt^ar making most liberal concessions 
 which would never have been thought of under the old 
 system of restrictive colonial administration. The most 
 valuable result was the admission of the all-important 
 principle that the ministry advising the governor should 
 possess the confidence of the representatives of the people] 
 assembled in Parliament. Lord Durham, in his report, 
 had pointed out most forcibly the injurious consecj^uences 
 of the very opposite system which had so long prevailed 
 in the provinces. His views had such influence ou| 
 the minds of the statesmen then at the head of afl\iirs, 
 that Mr. Poulett Thomson (as he informed the legislature! 
 of Upper Canada), "received her Majesty's commands to I 
 administer the government of these provinces in accord- 
 ance with the well-understood wishes and interests of the I 
 
 debates after a certain period, and that the imblic debt of the provincel 
 be charjred on the joint revenue.s of the united Canada^. These several] 
 propositions, except that respecting the French language, were rei-oiu- 
 mended in the governor-general's messages. V. Cliristie, oo4-48. 
 ^ See chapter on Supply, S. I. 
 
UXIOX ACT, 1840. 
 
 20' 
 
 peoplo.*'' Subsequently ho commuuicuted to tho legis- 
 lature of the united provinces two despatches from Ix)rd 
 John Russell,- in which tin? <»overnor-general was 
 instructed, in order "to maintain the utmost possible har- 
 mony," to call to his counsels and to employ in the public 
 serviee "those persons who, by their position and charac- 
 ter, have obtained the general coniidcnce and esteem of 
 the inhabitants of the province." He wished it to be 
 generally made known by the governor-general that 
 thereafter certain heads of departments would be called 
 iipon •' to retire from the public service as often as any 
 sufficient motives of public policy might suggest the 
 expediency of that measure." ' Du.ring the first session, 
 subsequent to the message conveying these despatches to 
 the legislature, the assembly agi-eed to certain resolutions 
 which authoritatively expressed the views of the sup- 
 porters of responsible government. It was emphatically 
 laid down as the very essence of the principle that " in 
 order to preserve between the different branches of the 
 provincial parliament that harmony which is essential to 
 the peace, w^elfare, and good government of the province, 
 the chief advisers of the representative of the sovereign, 
 constituting a provincial administration under him. 
 
 ' In answer to an address from the Assembly, 13th December, 18P>vi, 
 (V. Christie, 353.) The views of the great body of Keformers (in UpjKn- 
 Canada) apjx^ar to have been hmited, according to their favourite expres- 
 sion, to making the colonial constitution " an exact transcript" of that of 
 Great Britain ; and they only desired that the Crown should, in Upjier 
 Canada, as at home, entrust the administration of affairs to men posses- 
 sing the confidence of the assembly. Lord Durham's R. .58. 
 
 - Lord J. Eussell Avas colonial secretary from 1839 to 1841 ; the office 
 was afterwards held successively from 1841 to 1852 by Lord Stanley, !Mr. 
 Gladstone, and Earl Grey. So that all these eminent statesmen assisted 
 in enlarging the sphere of self-government in the colonies. Todd's Pari. 
 Gov. in the Colonies, 25. 
 
 ^ Can. As6. J. (1841), App. BB. These pai^ers were in response to an 
 address from the Assembly of 5th August, 1841 . The instructions to the 
 irovernor-general repeated substantially the despatches on responsible 
 government. Journals of Ass., 20th August, 1841. 
 
30 
 
 rARLlAMENTARY IXSTJTCTfOXS IX CAXADA. 
 
 ought to be men possessed of the confidence of the repre- 
 sentatives of the peoph', thus affording a guarantee that 
 the well-understood wishes and interests of the people, 
 which our Grracious Sovereign has declared shall be the 
 rule of the provincial government, will, on all occasions, 
 be faithfully represented and advocated." ' Nevertheless, 
 during the six years that elapsed after the passage of this 
 ibrmal expression of the views of the large majority in the 
 legislature, "Responsible Government" did not always 
 o])tain in the fullest sense of the phrase, and not a fi'W 
 misunderstandings arose between the governors and the 
 supporters of the principle as to the manner in which it 
 should be worked out.- In 184^, Lord Elgin was ap- 
 pointed gOA'ernor-general, and received positive instruc- 
 tions " to act generally ujion the adA*ice of his executiA'e 
 council, and to receive as members of that body those 
 persons who might be pointi^d out to him as I'ntitled to 
 do so by their possessing the confidence of the Assembly." * 
 No act of Parliament was necessary to effect this impor- 
 tant change ; the insertion and alteration of a few para- 
 graphs in the governor's instructions were sufficient.^ By 
 1848 the i)rovinces of Canada, Nova Siotia, and New 
 
 ^ Tlie resolutions -wliich were a<:reed to were iiroposed by ]Mr. Hani- 
 sou, then i)rovincial secretary in the Drajx^r-Ogden ministry, in amend- 
 ment to others of the same purport, proposed by jNIr. Baldwin. The 
 resolution quoted in the text was carried by 50 yeas to 7 nays ; the others 
 passed without division. Journals of Ass., 1841, pp. 480-82. 
 
 '^ Especially during the administration of Lord -Metcalfe (1843-45). 
 who believed he could make appointments to oliice without taking the 
 advice of his Council. Dent's Canada since the Union, vol. i., chap. xvi. 
 
 * Grey, Colonial Policy, vol. i., pp. 20(j-34 ; Adderley, p. ol. See also 
 Colonial Reg., 57. Lord John Russell was premier, and Earl Grey, colo- 
 nial secretary, when Lord Elgin was appointed. Todd, Pari. Gov. in the 
 Colonies, 54-()0. 
 
 * Mr. JNIerivale quoted in Creasy's Constitutions of the Britannic 
 iMupire, 389. Lord John Russell, in his instructions to Lord Sydenham, 
 expressly stated that it was "impossible to reduce into the form of a 
 positive enactment, a constitutional principle of this nature." Journals 
 of Assembly, 1841, p. 392. 
 
I'MOX ALT, ISW. 31 
 
 Brunswick ' were in the lull enjoyment of the system oi" 
 self-government, \vhich had been so long advocated by 
 their ablest pul)lic men; and the le.sults have proved 
 eminently favourable to their x^olitieal as well as material 
 development. 
 
 From 1841 to 18(37, during which i)eriod the new con- 
 stitution remained in force, many measures of a very 
 impoitant character were passed by the legislature. The 
 independence of parliament was effectually secured, -and 
 judges and officials prevented from sitting in either house. - 
 An elaborate system of municipal institutions was per- 
 fected in the course of a few years for Upper and Lower 
 Canada. It had been proposed to make such a system a 
 part of the constitution of 1840,' l>ut the clauses on the 
 subject were struck out of the bill during its passage iu 
 the House of Commons on the ground that such a purely 
 local matter should be left to the new leuislature.' Lord 
 Sydenham, who had very strong opinions on the subject, 
 directed the attention of the le2^islature in the first session 
 to the necessity of giving a more extended apidication to 
 the principles of local self-govi'rnment, which already 
 prevailed in the provin<-e of Upper Canada ; and the 
 result was the introduction and passage of a measure in 
 that direction.' At this time there was already in force 
 an ordinance passed by the special council to establish a 
 municipal system in Lower Canada — a measure Avhich 
 created much dissatisfaction in the province. Eventually 
 
 ^ Earl Grey was colonial secretary in 1S4S, when the system was fully 
 inaugurated in the maritime provinces. E. Commons Pai)ers, 1847-8, 
 vol. 42, pp. 51-88. 
 
 - Chap, ii., infra. 
 
 ^ Lord Durham so proposed it, K. 109. (Seroixi's Life of Lord 
 Sydenham, 104.) The address of the Assembly of L^pjjer Canada to the 
 L'overnor-general in 1840 called attention to the necessity of introducing 
 a system into Lower Canada in order to provide for local taxation. 
 V. Christie, 347. 
 
 * V. Christie, SoG. 
 Introduced by Mr. Harrison ; 4 & 5 Vict., c. 10. 
 

 r.lA7,/.I.U/;.V7'.l/M' /.\.s7777 770.V.s /.V r.l.V.l/>.l. 
 
 <ht» ordiiiaiK »' Wiis n'v<>k«'<l, jni«l a syslciii fslaljlislicd in 
 ]h)11i proviiKM's wliirli iiu'l witli lifucral ai)i)roval.' This 
 iiu'asun' (U'liiands sjn'cinl iiu'iilion, t'vrn in lliis chaplcr. 
 iiiasmiuh as il lias liad a mosl valuahl*' clli'* I iiiodiualiiiL"- 
 tlu' mass ol" lln' prople in scll-iiovrriiuu'iit, iM'sidcs rclit'N - 
 iiiff ilu' It'iiislaluro ol' a laruc anioiinl of husiiu'ss, \vlii»li 
 ran b«' inort' salislat lorily disi)osod ol' ill town or couiily 
 ()ri>aui/alioiis, as provi<lt'd lor l>y law. hi liu I, thcinuiii- 
 iipal system ol' Canada lies al tin' vory basis ol" its parlia- 
 mentary institutions. 
 
 Amonii' tlio distinuuisliinii- Iratures of the imi)ortant 
 legislation ol' this ])eriod was the i)assa«i'e ol" a, measure 
 which may he properly noticed Ih'H' since it disposed of 
 a vexatious (pu'stion which had arisen out ol' the provi- 
 sions ol' the Constitutional Actol'ltlM. It will be seen 
 by relereui-e to the sinnmary iiiveu elsewhere ol' that a<'t 
 that it reserved certain lands I'or the sui)port of a Pro- 
 testant cleriiy. The Church of Eniiland always ilaimed 
 the s(»li» enjoyment of these lauds, and, in IS.**'), Sir John 
 Colborne established a number of rectories which in'avc 
 much oll'enci' to the other rrotestant denominations, who 
 had earnestly c(.nt<'nded that these lands, under a strict 
 inti'rpretation of the law, ])elons>t'd ecpially to all Protest- 
 ants.- The Church of Scotland, however, was the only 
 (^tln>r reliuious body that ever r«M'eived any advantage froin 
 these reserves. The IJeform i^arty in Upper Canada made 
 this matter on*^ of their principal grievances, and in 
 1830 the legislature passed an act to dispose of the 
 question, but it failed to receive the approval of the 
 imperial authorities. It was not until 1853 that the 
 British Parliament recognized the risht of the Canadian 
 
 1 See Turcotte 1st Part, 97, 180 ; 2nd Part, 260, 384. Also, Cons. Stat. 
 of Upper Canada, c. 54; of Lower Canada, c. 24. 
 
 - In fact, in 1840, the highest judicial authorities of England pave it 
 as their opinion that tlie words " a Protestant clergy " in the Act of 17!U 
 included other clergy than those of the Church of England. 3Iirror of P., 
 May 4, 1840. 
 
 anada 
 H of 
 bout / 
 Jttiprie 
 Mtal. 
 
 3 
 
r.v/o.v .{{ T, isw. 
 
 88 
 
 l.-irisliillir*' lo dispos*' of the » Irruy reserves (»li tlie roii- 
 (lilioii lliJit iill vest«'(l riiihts were respeeted. In lH;'i4. the 
 CaiiiKlijiii lei»isl:ilure pjissed ;i nieasine imikinu' existinii" 
 cliiinis ii lirsl cliuriie on the rimds, iiiid dividiiii'' the 
 hiilame ainoiiii" i]u' several nmniripalilies in lln- province 
 jKfordini;' to i)<)i)ula(i<ni. (^)nse<plelltly, so I'ar as the act 
 ol" ITIM attempted to eslahlisli a eoimeetion })etvv<'en 
 fhunh and Stale in Cana<hi, it sii»nally i'aih'd.' 
 
 Xor tan the writer vvtdl leave out a hriej" reicrence to 
 the aholition of the seigniorial tenure, alter an existence 
 of over two centuries, siiK-e the system deeply atlected ill 
 many ways the social an<l i)olitical life of the French 
 Canadian ])eople. In the days of the I'reiich reji-ime, this 
 system hadi-ertain advantaues in assistinti* settlement and 
 !)romotinu' tlu' comfort of the inhahitants ; })ut, as Ijower 
 Canada hecame lilled up hy a larii*' population, this reli<', 
 of feudal times hecame altou'ether unsiiited to the coiidi- 
 lion of the country, and it wjis fimilly decided to a}»olisK 
 it in the session ol' 1H")4.' 
 
 It was durin«i' this period that the Canadian legislature, 
 (U'alt with the <ivil servi«'e, on whose iharacter aud 
 uhility so much depends in the working of ])arliamentary 
 institutions. During the time when responsible govern- 
 ment had no t-xistence in Canada, the legislature had 
 virtually no control over public- officials in the different 
 
 ' Sec Lord Purliam's R., m, H?>; Tnrcotto, vol. ii., pp. 137, 234 ; Coii.s. 
 ^tat. of Canada, c. 2o. The. nieasuro of 18.'>4 (IH Vict., <•. 2) was in cliarjro 
 , -if Attorney General (now Sir.Iolm) Macdonald, then a nu^mber of the 
 ^^' I^IacNah-Morin administration. Lejr. Ass. J. (l<So4-o) 193 H srfj. 
 
 Mr. Drunimond. attorney-freneral in the ^NlacNalvMorin adminin- 
 Q^i liration, introduced the bill which became law, IS Vict., c. 3. A bill in the 
 cssion of IS"):) had Vieen thrown out by the Lt^jrislative Council. Tor 
 J.ibtorical account of this tenure see (iarneau, vol. i, cliap. iii. ;l*arkman's 
 'tat. |iia Kegime, chap. xv. ; Turcotte, vol. ii., 161, 203, 234 ; Cons. Stat, of Lower 
 anada, chap. xli. Tlie number of fiefs at the time of the passage of the- 
 e ^^lUt of 1854, was ascertained to be 220, i)06sessed by 160 mgnieurs, and^ 
 l<''l|bout 72,000 rentiers. The entire superficial area of these proi)erties. 
 )f l*T|)mpri6ed 12,822,503 acres, about one-half of which was found under, 
 ntal. 1. Garneau, 185. Report of Seigniorial Commission. 
 
 3 
 
84 
 
 I'MtUAMESTMiy ISSTirmoSS IS CAXADA. 
 
 inoviiicos, ))iit tlu'ir apiHUiitiiu'iil n'stcd \\'\\\\ the hoiii*' 
 ^ovrriniiciit and the liovfrnors. hi llu' {ii)j>()intm«'iit.s, 
 Canadians \v«'r«» sy.stt*niati»ally iunoivd, oi u M'h'ctioii 
 nuidc i'nnn i)articular clas.scs. and tlnMonst'cjUcnt'c was the 
 rication ol'a huri'aiunu y wliirh t'xt'nisi'd a lari:;*' inllucnce 
 in i)ul)lic allairs, and was at the sanu' tinu' independent 
 <>1' tlie popular hianc li. AVhen scll-jiovernnu'nt was en- 
 trusti'd to the provinces, the British authorities dechired 
 ■that they had " no wish to make the provinces the re- 
 -source lor patronage at home," Init on the contrary were 
 earnestly intent on «»ivini»* to the tak'nt and character 
 ol" h'adini*' persons in the Colonies advantaii'es similar to 
 those which talent and chara«'ter emidoyed in the public 
 serviee obtain in the United Kingdom."' Ikit at the 
 same tim(» the British government, speakinu" throuuh the 
 olhcial medium of the secretary ol* state lor the colonies, 
 always pressed on the Canadian authorities the necessity 
 ol" giving permaneniy and stability to the pii})lic service, 
 by retaining deserving pu]>lic olhcers without reference 
 to a change of administration.- The consequence of ob- 
 serving this valuable British priii •ii)le has beeji to create 
 a large body of public servants, on whose ability and 
 intelligence depends, in a large measure, the easy worlving 
 of the machinery of government. According as the sphere 
 of government expanded, and the duties of administration 
 became more complicated, it was found necessary to 
 mature a system better adapted to the public exigencies. 
 The first imi)ortaut measure in this direction was the bill 
 of 185*7, W'hich has been followed by other legislation in 
 
 ' Lord John Russell, 1839. Journals of Ass. U.C., App. B.B. 
 
 '^ Lord John Ivussell, 1839, App. B.B., Jour, of Ass., 1841. Earl Grey 
 to Lieut.-Governor Harvey, of Kova Scotia, 31 March, 1847. E. Com. P. 
 1847-48, vol. 42, p. 77. In Nova Scotia, the advice of the British govern- 
 ment was never practically followed, and public officers have been ver\' 
 irequently changed to meet the necessities of politicians. See despatch of 
 the Duke of Newcastle to Governor Gordon, Feb. 22, 1862, New Bruiibwick 
 Jour., 1862, p. 192. 
 
{•.\70.V ACT, ISKK 
 
 85 
 
 tho sain«' diivitioii of iiuprovinii- tho murhiiu'ry of admiiiib- 
 t rat ion.' 
 
 But in no n'sp»Mt liav«' Wi' more foni))l«' rvidcnc*' ol' tlu* 
 change in the rolonial polit yol' tlic iniin'iial li'overnnient 
 tlian in the amendments that \v«'re eventually made in 
 the Union Act of 1840. All those measures of reform, tor 
 which Canadians had heen struuLilinu" durin«4' nearly half 
 a century, were at last uranted. The control of the i)ul)lic 
 rt'venues and the civil list had been a matter of st'rious 
 disjmte lor years between the <'olonies and the par«'nt 
 state; but, six years after the union, the leuislature 
 obtained complete authority over the civil list, with the 
 sancti(»n of the imperial government, which uave uj) 
 every claim to disi)ose of provincial moneys." About the 
 same time, the imperial uovernment conceded to Canada 
 the full control of the post oliice, in accordance with the 
 wishes of the people as expressed in the legislature.' 
 The last tarilf framed by the Imperial Parliament for the 
 British possessions in North America was mentioned in 
 the spee«h at the openinu' of the leuislature in 1842,' and 
 not long after that time, Canada found herself, as well as 
 
 ' "Mr. SptMicc, when i)()Stn)astcv->ronoral in tli(> Tacli^'-^Iacdonald ad- 
 ministration, introduciMl tlie. act of 1S.')7, appointing' IK'rniant^nt dcpnty 
 heads and j.'rades in the depart nuints. L'O Vict., cliap. 1*4. Corns. Stat, of 
 Canada, c. 11. Since Conlederation, 42 Vict., c. o4. ,Seo KeiKDrts of Civil 
 Service Cnnmiis.sion, i)rcsi'ntetl t(j Cana<lian Parhanient, LSSO-Sl and 18S2, 
 in whidi the jn-esent condition of tiie service is fully set fortli, Sess. Pa})., 
 'So. 113, (1880-81) and Sess. P., No. .".2, (1882). In 1SS2, Parliament passed 
 an act to improve the etliciency of the service (45 Vict., c. 4), which has 
 been amended by 4() Vict., c. 7. 
 
 - Sec. 50 to 57, resjx'Cting consolidated revenue fund and char<:es thereon, 
 and with the schedules therein referred to, were rej^Kjaled by the Imjx^rial 
 Act 10 and 11 Vict., c. 71, and the Provincial Act 9 Vict., c. 114, brou^dit 
 into force under sec. 9 of said Prov. Act, which provided a permanent 
 Civil List in place of that arranged by the Imj^erial authoritieis. See 
 Cons. Stat, of Canada, c. 10. 
 
 ^ See Sixjech of Lord Elgin, sess. of 1847, Jour, of Ass., j). 7; Can. Stat., 
 13 and 14 Vict. c. 17, b. 2, and Cone. Stat., c. 31, b. 2, under authority of 
 Imiierial Act, 12 and 13 Vict., c. (JO. 
 
 * Ass. Jour., 1842, p. 3. 
 
36 
 
 PARLIAMENTARY ISSTirVTIOXS IN CANADA. 
 
 the other provinres, completely free from Imperial inter- 
 ference in all matters aHtHting' trade and commene. In 
 184G, the British Colonies in America were authorised by 
 an imperial statnt(? ' to reduce or rei-)eal by their own 
 legislation duties imposed by imperial acts upon foreign 
 goods imported from foreign countries into the colonies 
 in question. Canada soon availed herself of this privilege^ 
 which was granted to her as the logical sequence of the 
 free trade policy of Great Britain, and, from that time to 
 the present, she has been enabled to legislate very freely 
 with regard to her own commercial interests. In 1849, 
 the Imperial Parliament, in response to addresses of the 
 legislature, and memorials from boards of trade and 
 merchants in Canada, repealed the navigation laws, and 
 allowed the Eiver St. Lawrence to be used by vessels of 
 all nations." With the repeal of those old laws, which 
 had been first enacted in the days of the commonwealth 
 to impede the commercial enterprise of the Dutch, Cana- 
 dian trade and shipping received an additional impulse. 
 
 No part of the constitution of 1840 gave greater offence 
 to the French Canadian jiopulation than the clause re- 
 stricting the use of the French language in the leffislature. 
 It was considered as a part of the policy, foreshadowed in 
 Lord Durham's report,^ to denationalize, if possible, the 
 
 Ump. Stat,0 and 10 Vict., c. 94. Todd Pari. Gov. in't^ie Colonies, 
 176-80. See siieech of Lord Elgin, 1847, Jour., p. 7, in Avhich he refers to 
 the power given to the colonial legislatures to rciieal difierential duties 
 heretofore imjiosed by the Colonies in favour of British produce. In re- 
 sponse, the legislature passed, 10 and 11 Vict., c. 30, the first measure 
 necessary to meet " the altered state of our colonial relations with the 
 mother country." Sijeech of Speaker of Assembly in presenting Supply 
 Bill. Jour. p. 218. 
 
 -' Leg. Ass. J. (1849), 43, 48, 57 ; app. C. ; Imp. Acts, 12 and 13 Vict., c. 
 29, s. 5. The memorandum of the Canadian government sets forth very 
 clearly that since it was no longer the policy of the Empire to give a pre- 
 ference to colonial products in the markets of the United Kingdom, no 
 reason could possibly exist for monopolies and restrictions in favour of 
 British shipping. App. C. as above. 
 
 ^ " Without effecting the change so rapidly or so roughly as to shock 
 
UNIOX ACT, 1840, 3t 
 
 preuch Canadian provin('e. The repeal of the clause in 
 1848 was one evidence of the harmonious operation of the 
 union, and of the better feeling- between the two sections 
 of the population.' 8till later, provision was made for an 
 elective le"-islative council, so Ion"' and earnestlv de- 
 manded by the old legislature of Lower Canada. In 1854 
 the Imperial Parliament passed, in response to an address 
 of the legislative assembly, an act to empower the 
 leg-islature to alter the constitution of the legislative 
 council.- In 1856, the Canadian legislature passed a bill 
 providing for an elective upper house ; the province was 
 divided into 48 electoral divisions, 24 for each section ; 
 twelve members were to be elected every two years ; 
 eA'ery councillor was to hold real estate to the value of 
 $8,000 within his electoral district. The members were 
 only to remain in the council for eight years, but could 
 of course be re-elected. Existing members were allowed 
 to retain their seats during their lives." The speaker 
 was appointed by the Crown from the council until 1862, 
 when he was elected by the members from among their 
 own number.^ The first election of councillors under the 
 new act took place in the summer of 1856. 
 
 the feeliiijrs and tranii)le on the welfare of the existing generation, it must 
 heniefortli be the first and steady purpose of the British government to 
 estabhsh an EngHsh i)opulation, witli Enghsh laws and language, in this 
 province, and to trust its government to have but a decidedly English 
 legislature." P. 110, et seq. 
 
 ' See chap. v. 
 
 - Leg. As«. J. (1853), 044 ; Imj). Act, 17 and 18 Yict., c. 118. In the 
 course of the debate the Duke of Newcastle said : "The proper course to 
 pursue was to legislate no more for the colonies than we could possibly 
 help; indeed, he believed that the only legislation now retjuired for the 
 colonies consisted in undoing the l)ad legislation of former years." 134 
 E. Hans (3) 150. 22 and 23 Vict., c. 10, Imp. Stat. 
 
 '■' 10 and 20 Vii-t., c. 140 ; Cons. Stat, of Canada, c. 1. 3Ir. Cauchon, 
 commissioner of crown lands, in the MacXab-Tachc Administration, in- 
 troduced the bill in the Assembly. 
 
 * Can. Stat., 23 Vict., c. 3, rei^ealed s. 26 of 10 and 20 Vict., c. 140. The 
 Act made also provision for supplying the place of the s|)eaker in case of 
 
38 
 
 pahliamentary ixsrrn'Tioxs jx caxada. 
 
 VI. Federal Union of the Provinces. — The union between 
 Upper and Lower Canada lasted until 1867, w^hen tlie 
 provinces of British North America were brought more 
 closely together in a federation and entered on a new 
 era in their constitutional history. For many years previous 
 to 1865, the administration of government in Canada had 
 become surrounded with political difficulties of a very 
 perplexing character. The union had not at first been 
 view^ed w^ith favour by the majority of the French Cana- 
 dians who regarded it as a scheme to anglicize their pro- 
 vince in the course of time. One of their grievances^ 
 was the fact that the act gave each province the same 
 representation in the legislature, though Lower Canada 
 had in 1840 the gTeater population." But the large im- 
 migration that flowed into Upper Canada for many years 
 after the union soon gave the preponderance of popu- 
 lation to that province, where in the course of no long 
 time a demand was made for a representation in the 
 legislature according to the population. This demand 
 was always strenuously resisted by the Lower Canadian 
 representatives as unjust in view of the conditions under 
 which they entered the union. The act itself afforded 
 them sufficient protection inasmuch as it embodied the 
 
 his being obliged to leave the chair from illness, c*cc. The first election 
 took place in 18G2, INlarch 20, Avhen Sir Allan ^NlacXab was chosen 
 
 er. 
 
 ' See addref<s of M. Lafontaine (1 Turcotte, 00) in which he laid before 
 the electors of Terrebonne his opinions as to the injustice of the Union 
 Act : " L'union est un acte d'injustice et de desiwtisme en ce qu'elle nous 
 est impoeee sans notre consentenient ; en ce qu'elle prive le Bas Canada 
 du nonibre legitime de ses representants, etc." 
 
 - In 1839, Lord Durham gave the population of Upper Canada at 400,- 
 000, and that of Lower Canada at 600,000, of whom 4-50,000 Avere French, 
 The census compiler of 1870 gives the population of Upper Canada in 
 1840, at 432,1.59 ; of Nova Scotia in 1838, 202,575; of New Brunswick, 
 in 1840, 15G,1()2; of Assiniboia 4,704; of Prince Edward Island, 47,042 
 in 1841. No figures are given for Lower Canada in 1840, but we find the 
 number was 697,084 in 1844. The figures given by Lord Durham were 
 as accurate as thev could be made at the time. 
 
FEDERAL rXTOX OF THE PROVrXCES. 39 
 
 proviso' that the 20 vernor could not assent to any hill of 
 the legislature to alter the representation unless it should 
 have been passed with the concurrence of two-thirds of 
 the members in each house. This clause wns, however, 
 suddenly repealed by the Imperial Act of 18-34, empower- 
 ino" the legislature to alter the constitution of the lecris- 
 lative council, but no practical result ever followed iu 
 respect to the representation.- 
 
 It is interesting" to note that one of the expedients by 
 which it w^as hoped to arrange the political conflict be- 
 tween the two sections was the principle of a double 
 majority. In the course of the hrst decade after the 
 union, prominent xmblic- men laid it down as necessary 
 to the harmonious operation of the constitution, that no 
 administration ought to continue in powder unless it was 
 supported by a majority from each section of the united 
 provinces.^ As a matter of justice, it was urged, that no 
 measure touching the interests of a particular province 
 should be passed except with the consent of a majority of 
 its representatives.^ The principle had more or less re- 
 cognition in the government and lesislature after 1848."' 
 The very formation of the ministry, in which each pro- 
 
 ^ 3 and 4 Vict., c. E5, s. 20. This clause was added to the bill by the 
 British Ministry to protect the French Canadian rei)resentation. II Gar- 
 neau, 480. 
 
 ^ 17 and 18 Vict., c 118, s. 5. The legislature had n(>ver asked an 
 amendment in this direction, and ihe history of the repeal is a mystery. 
 Garneau (vol. ii., 4S0) accused Sir Francis Hincks of having be«n the 
 inspiring cause ; but in a pamphlet published in 1877, he denied it most 
 emphatically. In 1854, the total number of representatives in the As- 
 sembly was 130 — 65 from each province. 16 Vict. c. 152. 
 
 ■' M. M. Lafontaine and Caron to Mr. Fraper, 1845. I. Turcotte, 
 202-10. 
 
 * Mr. Baldwin resigned in 1851 on a vote of the Upf)er Canada renre- 
 sentatives adverse to the Court of Chancery, II. Turcotte, 171-3. See 
 remarks of Sir John A. Macdonald, Confederation Debates, 30. 
 
 ^ See resolution moved by Mr. (now Sir Hector) Langevin, 19th of May^ 
 1S58. 
 
40 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 vince was equally represented, was an aeknowledgment 
 of the principle. But this acknowledgment, it was con- 
 tended, was of no substantial value so long' as the ex- 
 ecutive councillors taken from either section of the pro- 
 vince did not possess the confidence of the majority of 
 the representatives of that section in the assem])ly/ The 
 principle, however specious in theory, was not at all 
 practicable in legislation, and even its most strenuous 
 supporters too often found that it could not be conveni- 
 ently carried out in certain political crises. Its obser- 
 vance was always, to a great extent, a matter of j^olitical 
 convenience, and it was at last abandoned even by its 
 former advocates who had urged it as the only means of 
 doing justice to each province, and i^reserving the equal- 
 ity of representation provided in the constitution of 1840." 
 The demands of the representatives from Upper Canada 
 for additional representation were made so i^ersistently 
 that the time arrived when the administration of public 
 affairs became surrounded with the gTavest embarrass- 
 ment. Parties at last were so equally balanced on account 
 of the antagonism between the two sections, that the vote 
 of one member might decide the fate of an administration, 
 .•and the course of legislation for a year or series of years. 
 From the 21st of May, 1862, to the end of June, 1864, there 
 were no less than five ditterent ministries in charge of the 
 public business.^ Legislation, in fact, was at last practi- 
 cally at a dead-lock, and it became an a1)solute political 
 necessity to arrive at a practical solution of difficulties, 
 
 ^ See amendment moved by Mr. Cauchon to Mr. Thibaudeau's motion. 
 Jour. Ass. [1858] 145,87(). Also Ih. [1856], 566. 
 
 '^ Mr. J. Sandfield Mai-donald was always one of its warmest supporters, 
 on the ground that it did away with the necessity of a change in the 
 representation, as advocated by ]Mr. Brown and his followers from Upper 
 Canada ; but he virtually gave it up on the separate school question in 
 1863, when a majority of the representatives of his own province pro- 
 nounced against a measure to which he was pledged as the head of the 
 Macdonald-Sicotte INIinistry. II. Turcotte, 477-487. See 11. Dent, 429. 
 
 ^ Sir J. A. Macdonald, Con. Deb., p. 26 ; Sir E. P. Tache, ih. 9. 
 
FEDERAL UNIOX OF THE PROVIXCES. 
 
 41 
 
 which appeared to assume more gravity with the progress 
 of events. It was at this critical juncture oi' aliairs that 
 the leaders of the government and opposition, in the 
 session of 18G4, came to a mutual understandinu', after the 
 most mature consideration of the whole (question. A 
 coalition ffOA'ernment was formed on the basis of a 
 federal union of all the British American provinces, or 
 of the two Canadas, in case of the failure of the larger 
 scheme.' The union of the provinces had het'U discussed 
 more than once in the legislatures of British North Amer- 
 ica since the aj)pearance of Lord Durham's report, in 
 which it w^as urged w ith great force that " it would en- 
 able the provinces to co-operate for all common purposes, 
 and above all, it would form a great and powerful people, 
 possessing the means of securing good and responsible 
 government for itself, and which, under the protection of 
 the British Empire, might, in some measure, counterbal- 
 ance the preponderant and increasing inlluence of the 
 United states on the American continent." Lord Durham 
 even w^ent so far as to recommend that the " bill should 
 contain x^rovisions by w^hich any or all of the other North 
 American Colonies may, on the application of the legis- 
 lature, be, with the consent of the two Canadas or their 
 united legislature, admitted into the union on such^terms 
 as may be a|»Teed on between them."- The expediency 
 of a union w^as made a part of the programme of the 
 Cartier-Macdonald government in 1858, and expressly 
 referred to in the governor's speech at the close of the 
 session f but no practical result was CA'er reached until 
 
 ' Sir J. A. Maodonald, Conf. Deb., 2()-27. " The opposition and govern- 
 ment leaders arranged a larger and a smaller scheme; if the larger 
 failed, then they were to fall back ujwn the minor, \vhii'li provided for a 
 federation of the two sections of the province." Sir E. P. Tache, lb. V». 
 
 - Eep., \)Y>. 11()-21. He preferred a legislative union. 
 
 •^ Conf. Deb., Sir G. E. Cartier, p. 5:] ; Ass. J. (185S) 1043. See also .IMr. 
 Brown's si^ech (pp. 110-24), in which he claimed that the essence of the 
 federation measure was found in the " joint authority " resolutions of the 
 Eeform Convention of 18o9. 
 
42 PAPdJAMEXTAHY IXSTITi'TIOXS JX CAXADA. 
 
 tho political necossitios of tho provinces forced them to 
 take uj) the question and bring it to a satisfactory issue. 
 It was a happy coincidence that the lcji"islatnres of tho 
 lower provinces were about considering a maritime union 
 at the time the Lniding statesmen of Canada had com- 
 bined to mature a plan of settling their political diffi- 
 culties. The Canadian ministry at once availed them- 
 selves of this fact to meet the maritime delegates at their 
 convention in Charlottetown, and the result was the deci- 
 sion to<onsider thi^ question of the larger union at Quebec. 
 Accordingly, on the 10th of ()cto})er, ISiU, delegates from 
 all the British North American provinces assembled in 
 conference, in "the ancient capital," and. after very ample 
 deliberations during eighteen da^'s, agreed to seventy- 
 two resolutions, which form the basis of the Act of Union. ^ 
 These resolutions were formally submitted to the legis- 
 lature of Canada in January, 18G5, and after an elaborate 
 debate which extench^d from the 3rd of February to the 
 14th of March, both houses agreed by very large majorities 
 to an address to her Majesty praying her to submit a 
 measure to the Imperial rarliameut " for the purpose of 
 uniting the provinces in accordance with the provisions 
 of the Quebec resolutions." " Some time, however, had to 
 
 * For historical .accounts; of initiation of confedbration ^ee Dontre, 
 Constitution of Canada, 15; Gray, Confederation of Canada, vol. i. ; II. 
 Turcotte, 518-59 ; Confederation Debates, 18(15, especially si)ee.clies of Sir 
 E. P. Tache, Sir J. A. ^Macdonald, Sir G. E. Cartier, Hon. Geo. Brown, and 
 Sir A. Campbell. Canada was rejiresented by 12 delegates, G for each 
 province. New Brunswick by 7, Nova Scotia by 5, P. E. Island by 7, and 
 Newfoundland by 2; each province l,ad a vote, and the convention sat 
 Avith closed doors. The delegates : Canada, Sir E. P. Tache, Messrs. J. A» 
 !Macdonald, Cartier, Brown, (lalt, Campbell, Cliapais, McCiee, Langevin, 
 Mowat, [McDougall and Cockburn. Nova Scotia, Messrs. Tuiijx^r, Henry, 
 McCully, Archibald and Dickey. New Brunswick, ^Messrs. Tilley, Mit- 
 chell, Fisher, Steevee, Gray, Cbandler and Johnson. P. E. Island, Messrs. 
 Gray, Coles, Haviland, Palmer, !Macdonald, Whelan and Pope. New- 
 foundland, Messrs. Shea and Carter. 
 
 - The address was agreed to in the legislative council by 45 contents to 
 15 non-contents. Jour. (1865, 1st sess.), p. 130 ; in the assembly by 91 yeas 
 to 33 nays. Jour., p. 192-3 ; Confed. Debates, 18f 5, p. 962. Sir E. P. Tache 
 
FEDERAL VXIOX OF THE FJiOVIXCES. 43 
 
 elapse boforo the union could l)e consummated, in conse- 
 quence of the strong opposition that very soon exhibited 
 itself in the maritime provinces, more especially to the 
 financial terms of the scheme. In New Brunswick, there 
 were two preneral elections during IHGo and 180G, the 
 latter of which resulted in the return of a legislature 
 favourable to union, and iinally in the adoption of the 
 measure. The question was nev«'r submitted to the people 
 at the polls in Nova Scotia, but the legislature even- 
 tually, after months of hesitation, agreed to the union, in 
 view of the facts that it was strongly approved by the 
 imperial government as in the interests of the Empire, 
 that both Canada and New Brunswick had given their 
 consent, and that it was proposed to make siich changes 
 in the terms as would be more favourable to the interests 
 of the maritime provinces. The result of the action of 
 the two provinces in question was another conference at 
 London in the fall of 1866, when a few changes were 
 made in the direction of maritime interests, chiefly in the 
 financial terms, and without disturbing the important fea- 
 tures of the Quebec resolutions, to which Canada had 
 already ph'dged herself in the session of 1865.' The provin- 
 ces of Canada, Nova Scotia, and New Bruutswivk, beiiig at 
 last Jii full accord, through the action of their respective 
 legislatures, the plan of union was submitted on the 12th 
 of February, 1867, to the Imperial Parliament, where it met 
 with the warm support of the statesmen of all parties, 
 and passed without amendment in the course of a few 
 wrecks, the royal assent being given on th 3 29th of March.- 
 
 introdnced the resolutions in the. eonneil ; Atty.-Gen. (now Sir. J. A.) ^Mac- 
 donald moved, and Atty-Gen, (afterwards Sir) G. E. C'artier, seconded 
 them in the assembly. Four members of the government Avent to Eng- 
 land after the ses-sion of 1865, in reference to confederati(n, the cession of 
 the !Xorth-West, and other important questions. Jour., 18(1."k Snd sess., 7-16. 
 
 ^ The Westminister Palace Conference was held in London, in Decem- 
 ber, 1866, and the result was the Union Act of 1867. 
 
 2 Imp. Act, CO and 31 Vict., c. 3. " An Act for the Union of Canada, 
 !Nova Scotia and New Brunswick, and the government thereof, and for 
 
44 
 
 pAiujAMEsrAny isstitvuons l\ caxada. 
 
 The now <oii.stitution cnmo into forco on the first of July, 
 1807, and tlio iiist inuliamont of the united provinces met 
 on Novem])er of the same year' — the act reqnirini2' it to 
 assembh' not hitcr than six months after the union." 
 
 The <on federation, as inaugurated, in 18(17, consisted 
 only of the four provinces of Ontaric). C^ue])ec, Nova 
 S(()tia and New Brunswick.' By the 14Gth se<tion of the 
 Act of Union, provision was made for the admission of 
 other colonies on addresses from the parliament of Can- 
 ada, and from the respectiA'e legislatures of Newfound- 
 land, Prince Edward Island, and British Columbia. 
 Rupert's Land and the North-AVest Territory might also 
 at any time l)e admitted into the union on the address of 
 the Canadian parliament. The acquisition of the North- 
 AVest Territory had been I'or years the desire of the people 
 of Canada, and was the subject of consultation with the 
 imperial government in IHGo, when Canadian delegates 
 went to England.^ During the first session of the parlia- 
 ment of Canada, an address was adopted praying her 
 Majesty to unite Ixupert's Land and the North-AVest Terri- 
 tory to the dominion.' This address received a favour- 
 
 purjx)ses connected tlierewitli." Lord Carnarvon, then secretary of state 
 for the colonies, had chai jze of the measure in the Lords. Mr. Adderley, 
 nnder-secretary in the ("oinmons. 1S5 J^. Hans 3 (Lords), 557, 804, 1011 ; 
 (Commons) 11(34, 1310, 1701. 
 
 > Her Majesty's laodaniation, giving' eflect to the I'nicn Act, was issued 
 on the 22nd May, lS(i7, declaring that on and alter the l^t July, 1807, the 
 provinces of Canada, Kova Scotia and ]S'e\v Brunswick shall form and be 
 one Dominion, under the name of Canada. The jn-oclamation also con- 
 tained names of first senators. Jour. House of Commons of Canada, 
 Y-YI. B. N. A. Act, 1807, s. o and 25- Lord Monck was the iirst governor- 
 general of the dominion. Com. Jour. (1807-8), VII. Parliament met 
 on the 7th ^November, and Hon. J. Cockburn was elected first speaker of 
 the Commons. Hon. J. Cauchon was first speaker of the Senate. 
 
 ■' Sec. 19. 
 
 '■^ B. N. A. Act, 1807, s. 5-7. 
 
 * Can. Com. J., 1805, 2 sess., pp. 12-13. For papers on the subject of the 
 acquisition of the territory see Can. Sess. P., 1867-S, >>'o. 19, and j). 337 of 
 Journals. 
 
 ^ Can. Com. J. (1807-8), 67. 
 
FEDEiiM. I'xiox or Till: rnovixcHs. 4^ 
 
 ablo ivspons(\ ])ut it was Ibniul iu'(«»ss;n-y in the liist pia««' 
 to obtain IVoiu th«' Imp«'nnl rarliaiiu'iit autlioiity to 
 transfer to Canada tho trrritory in (jiu'stion. An act was 
 passed in the month of .Inly, 18(>S,' and in ai rordance 
 with its provisions, nouotiations took ]daro iM'twcm 
 Canadian d('lt'i>at«^s and the Hudson's liay Company lor 
 tho surrender of the Nortli-\Vest to the dominion. , An 
 a<iTeement was linally arrived at for the payment of 
 .£300,000 sterlini>- on condition of the surrendi'r of 
 liupert's Land to the dominion — certain hinds and privi- 
 leges at the same time being- reserved to the company. 
 The terms were ai^proved by the Canadian parliannMit in 
 the session of I860," and an act at once passed for tlie 
 temporary government of liupert's Land and the north- 
 west territories when united with Canada.' The act of 
 1869 provided for the appointment of a lieutenant-gov- 
 ernor and council, to make provision for the administra- 
 tion of justice, and establish such laws and ordinances as 
 might be necessary for peace and good government in the 
 North- West Territories. In the autumn of 1869 an order 
 in council was passed appointing the first lieutenant- 
 governor of the territories, but the outbreak of an insur- 
 rection among the French half-breeds prevented the 
 former ever exercising his executive functions.^ It was. 
 not until the appearance of an armed force in the country 
 in the fall of 18t0 that the remnant of the insurgents fled 
 from the ten-itory ; but, during the twelve months that 
 preceded, means had been taken by the Canadian authori- 
 
 1 Imp. Stat., 31 and 32 Vict, c. 105 (Can. Stat, fcr 1869), entitled " An 
 Act for enabling her Majesty to accept or surrender upon terms of the 
 lands, privileges and rights of the governor and company of adventur- 
 ers of England trading into Hudson's Bay, and for admitting the same 
 into the dominion of Canada." 
 
 ^ Can. Com. (1869), pp. 149-56, in which the negotiations for the transfer 
 are set forth in the address to her Majesty, accepting the terms of agree- 
 ment for the surrender of the territory. 
 
 » Can. Stat., 32 and 83 Vict., c. 3. 
 
 * Hon. W. McDougall. 
 
40 rAi:LiAMr:\TAi:y y.v.b'/'/vvyvoxs i\ caxada. 
 
 tit's to arraiiitt' tt'iins on Avliidi tlir im'oi)1(' oi" the IJt'd 
 ]{iv«'r liiiuht cutt'i* coiircdcvation. In thoscNsion oi' 1870, 
 the Canadian i)ailiani('nt passed an a<t ' to ('stal)lisli and 
 provide lor the government of Manitoba — a new j^rovinee 
 formed out of the North-AVest Territory, to whieh was 
 li'iviMi representation in the Senate and House of Com- 
 mons. Provision was also made for a local or ]>r()vin<ial 
 ti'overnmenl on lli«' same basis as existed in thr older pro- 
 vinces. On the .'501 h of June, 1H70, ))y an imi)crial order 
 in council,- it was de<"lared that after the 1 ')th of July, 
 ISTO, the North-AVest Territory and Jvujx'rt's Land should 
 form part of the dominion of Canada. The legislature of 
 Manitoba was elected in the early i)art of 1871, and the 
 provincial government r»'gularly and peacefully estab- 
 lished.' Th«' members for the Hcmse of Commons took 
 their seats in the session of the same year,' — the new 
 senators in tlie session of 1S72.' A\ hen we <'ome to con- 
 sider the provincial constitutions we shall refer 1o the 
 local goA'ernment of Manitoba as well as to the ])rovisions 
 made in several statutory enactments for the administra- 
 tion of affairs in the North-AVest. 
 
 In accordance with addresses from the Canadian par- 
 liament, and the legislative council of Ihitish Columbia, 
 that colony was formally admitted into the confederation 
 by imperial order in council declaring that from and after 
 the 20th of July, 1S71, the colony should form part of the 
 dominion. The terms of union provided for representation 
 in the Senate and House of Commons, and responsible 
 government in the province, as well as for the construction 
 
 ' 33 \nA., c. 3. The limits of the province were enlarged in 1881 ; Can. 
 Stat. 44 Yict., o. 14. See also Man. Stat.. 44 Vict., v. 1, 12, 13, 14. 
 - In accordance with s. 146, B. N. A. Act, 1807 ; Can. Stat., 1872, p. Ixiii. 
 ■' Annual Eegister, 1878, pji. 18-19. 
 
 * Com. J. (1871), 154, 221, 220. Only three members -were returned; a 
 new election in one constituency being requisite on account of a tie. 
 Jour., p. 152. 
 
 s 5 Sen. J. (1872), 18. 
 
FEDERAL tyjOX OE THE I'n(/\L\( E\ 
 
 47 
 
 of a traiis-coiitiiu'iilul rjiilwiiy.' The hh'iuImm's I'or tlic j)ro- 
 vince took tlicir seats iii Ihc StMuite and House oi Com- 
 mons during' the session of 1.S72." 
 
 The province of V. E. Island, had iK'cn represented in 
 ihe Qut'l)ec conference of l.s«;4, but owing- to the oi)i)osi- 
 tion thai existed to the union for some years, it Avas not 
 until thelirst session of l^To that ])oth the rariiameni of 
 Canada and the h'gishUure of the ishind passed addresses 
 for the admission of the province into the confederaticm on 
 certain conditions which included representation in the 
 ^Senate and House of Commons, and the continuanci' of 
 the local governnu'nt on the sanu's basis as in the other 
 jn'ovinces.' A l)ill was also passed during the same ses- 
 sion, — in anticipation of her Majesty's government taking 
 the necessary steps to admit the island — providing that 
 certain acts should come into force in the provinc*' as soon 
 as it was united to Canada.' ]>y an imi)crial order in 
 council, it was declared that from and after the lirst of 
 July, 1873, the colony should form part of the domini u;^ 
 The members i'or the two houses took their seats for the 
 first tim.e during the sec-ond session of 1873." 
 
 Newfoundland was also represented at the Quebec con- 
 vention of 1864, but the general elections of 1805 resulted 
 adversely to the union." ^Subsequently the House of 
 Commons, in the session of 1869, went into committee on 
 certain resolutions providing for the admission of New- 
 foundland, and an address was passed in accordance 
 therewith. The union was to take effect on such day as 
 
 iCan. Com. J. [1871]; 193-99; Pari. Do]>., 1871. Can. Stat, for 1872, 
 1). Ixxxiv. Also, as to preparatory stejis, Can. Sess. Pap., No. 59, 1807-8, 
 pp. 3-7. 
 
 '' Sen. J. [1872] 18 ; Com. J. [1872] 4. The elections for the Commons 
 ■were held in accordance Avitli 34 Vict. c. 20. 
 
 '' Can. Com. J. [1873] 403. 
 
 * 36 Vict. c. 40. 
 
 ^ Can. Stat, for 1873, p. ix. 
 Sen. J. 1873, 2nd session, p. 9. Com. J., lb. pp. 2-4. 
 
 ^ XL Turcotte, 562. 
 
48 /'. I liL 1. 1 MKST. 1 n Y IXSTfTfTlOXS IN CA A'. t />. I. 
 
 "her MajoHty by ordor in eouiuil, on uii addri'ss to that 
 efloct, in tonns of the HOth section of the IJritish North 
 Am«'ri«'a Act, ISO", may diri'ct " ; ' Imt the h'l^islature of 
 Nt'wfoundhnid has so far refused to sanction the necessary 
 address. 
 
 In response to an address of the rnrlianient of Canadn, 
 in the session of 1JS7S, an imi)erial order in council was 
 passed on the J»lst of July, 1S80, declarinii' that " from and 
 after the 1st of Sei)tenibei, 18H0, all Ihitish t«'rritories 
 and possessions in North America, not already included 
 within the dominion of Canada, and all islands adjacent 
 to any of such territories or possessions shall (with the 
 exception of the colony of Newfoundland and its depen- 
 dencies) become and be annexed to and form part of the 
 said dominion of Canada ; and beconu' and be subj<Mt to 
 the laws, for the time being in force in the said dominion, 
 in so far as such laws may be a])plicable thereto." This 
 order in council was considered necessary to remove 
 doubts that existed reoarding- the northerly and north- 
 easterly boundaries of the North-West Territories and 
 liupt'rt's Land, transferred to Canada by order of council 
 of the 28rd of .Tun*', 1870, and to place beyond question 
 the right of Canada to all of British North America, with 
 the exception of Newfoundland." 
 
 VII. Constitution of the General Government and Parliament.— 
 The Dominion ' of Canada has, therefore been extended 
 since 1867 over all the British possessions between the 
 Atlantic and Pat ific oceans to the north of the United 
 States — the territory under the jurisdiction of the New- 
 foundland government alone excepted. The seven pro- 
 
 'Can. Com. J. [1S()9], 221. 
 
 ■' Can. Com. J. [1878] 250-7; Can. Stat. 1881, p. ix, Order in Council. 
 Can. Hans. [1878], 2380. 
 
 •' The title of Dominion [s. 3, of B. N. A. Act, 1867], did not appear in the 
 Quebec resolutions. The 71st Res. is to the eflect that "her Majesty be 
 solicited to determine the rank and name of the Federated Provinces." 
 
i()\STiriTiU.\ OF Tin: (iESKIiM. fUtVEIiSMEST. 41^ 
 
 vin«»'s t'inlu;i( «'<l williiii tliis vmsI an'a ol' territory are 
 uiiitrtl in ji IVdcnil union, the irrnis ol" \vlu«h hiivc luM-n 
 iirranii't'cl on " j)rinri|)lt's Just to th»» several provinces." 
 
 In order " to protect the diversilied interests of the 
 several provinces, and secure ellicieney. harmony, and 
 jK'rnianency in the working' ot" the union." the system of 
 ♦rovernment, asset lorth in the Att ol" ISdT. combines in 
 the first place a «»i'neral government. " chari^'ed with mat- 
 ters oi'comni<»n int«'rest to the whole «oiintry," and hx'al 
 LTOvernments lor each of the provinces, '(hariied with 
 the control of local matters in their rt'sp««ctive s»'ctions." 
 With a view to the perpetuation of our connection with 
 the mother country, the promotion of the ])est interests 
 of the people of these provinces," the constitution of the 
 general government has been so framed as '' to follow 
 the model of the British constitution, so far as our cir- 
 cumstances will permit." Accordingly, " the exi'cutiv*' 
 authority or government" is vested in expn'ss t»'rms in 
 the "Sovi^reign of the United Kingdom of Ureat IJritain 
 and Ireland," and is administered " according to the w^ell 
 understood principles of the British constitution."' 
 
 Thi' sovereign is represented in the dominion by a gover- 
 nor-general, appointed by letters-patent under the great 
 seal. Ilis jurisdiction and powers are defined by the 
 terms of his commission, and by the royal instructions 
 w^hich accompany the same." He holds office during the 
 
 See remarks of Sir J. A. Macdonakl, Confed. Deb., p. 4.3. The name was 
 arraiified at the conference held in London in 186(5, when the union bill was 
 finally drafted. This Avas not the first time the title was applii'd to Canada ; 
 we find in the address of the old Colonies assembled at I'hiladelphia, 
 1774, .strontr objection taken to the Act of 1774, by which " the dominion 
 of Canada is to be so extended, modelled and governed." I. Christie, 9 
 The old commonwealth of Virpnia was known as "the Old Dominion." 
 
 ' Tliese quotations are from the Quebec resolutions, Can. Com. .7. [1865] 
 203. The preamlile of the B. X. A. Act, 1807, declares, " with a constitution 
 similar in principle to that of the United Kingdom." — Sec. i). " The ex- 
 ecutive government and authority is hereby declared to continue and be 
 vested in the Queen." 
 
 - Sec App. at end of this work. 
 
 4 
 
50 PARLIAMENTARY IXSTfTUTIOXS IX CANADA. 
 
 pleasure of the Crown, but he may exercise his fuiictious 
 lor at least six years from the time he has entered on his 
 duties.' In all his communications with the imperial 
 government, of which he is an officer, he addresses the 
 Siicretary of state for the colonies, the constitutional 
 avenue through which he must approach the sovereign." 
 His first duty, when he enters on his duties, is to take the 
 necessary oaths of allegiance and office before the chief 
 justice, or any other judge of the supreme court of tht^ 
 dominion, and at the same time to cause his commission 
 to be formally read.' 
 
 In view of the larger measure of self-government con- 
 ceded to the dominion of Canada by the imperial legisla- 
 tion of 1867 — in itself but the natural sequence of the 
 new colonial polic^y inaugurated in 1840 — the letters- 
 patent and instructions, which accompanied the com- 
 mission given to th;-; governor-general in 1878, have 
 been modified and altered in certain material features. 
 The measure of power now exercised by the govern- 
 ment and parliament of Canada is " relatively greater 
 than that now enjoyed by other colonies of the empire, 
 but absolutely more than had been previously intrusted 
 to Canada itself, during the administration of any for- 
 m.er governor-general.'" Without entering at length into 
 
 1 Colonial Reg. sec 7. Col. Office List, 1883, p. L'54. Todd, 90. Lord Lome 
 hold the position for only five years. Lord Dutlerin was appointed in the 
 spring of 1872, and retired in the fall of 1878. 
 
 ' Todd, 90, Col. Reg. see. 1(55, p. 265. 
 
 •' Instructions to governor-general, ( 'an. Sess. P. 1879, No. 14. The Mar- 
 quis of Lome ^vas sworn in on the 25th of IS'ovember, 1878, in the old 
 I'rovince Building, Halifax, by acting Chief Justice Ritchie. Annual 
 Register for 1878, pp. 255-7. The oath of office is given in same account 
 (if i-eremonies on that occasion. 
 
 * The modifications in these official instruments were the result of tlie 
 mission of yiv. Blake, whilst minister of justice, to England in 187(5. For 
 full information on this subject, see Todd 7(i, etseq., and Can. Sess., P. (1877) 
 So. l;> ; also chapter on bills. For royal commission, letters-patent, and 
 instructions to the INLaniuis of Lome, Sess. P. (1879) No. 14 ; to Lord Monck, 
 .Sess. P. (lS()7-8) No. 22; also to Lord Dufferin, Can. Com. J. (1873) 85. 
 
CONSTITUTIOX OF THE GEXERAL aOVEKX}fEXT. 51 
 
 this question, it is sufficient for present purposes to notice 
 that the governor-general is authorized, among other 
 things, to exercise all powers lawfully belonging to the 
 queen, with respect to the summoning, proroguing or 
 dissolving parliament ;' to administer the oaths of alle- 
 giance and office f to transmit to the imperial govern- 
 ment copies of all laws assented to by him or reserved 
 for the signification of the royal assent f to administer 
 the prerogative of pardon ;^ to appoint all ministers of 
 state, judges, and other public officers, and to remove or 
 suspend them for sufficient cause.'^ He may also appoint 
 a deputy or deputies to exercise certain of his powers and 
 functions." He may not leave the dominion upon any 
 pretence whatsoever without having first obtained per- 
 mission to do so through one of the principal secretaries 
 of state." In case of the death, incapacity, removal "* or 
 absence from Canada of the governor-general, his powers 
 are vested in a lieutenant-governor or administrator 
 appointed by the queen, under the royal sign-manual ; 
 or, if no such appointment has been made, in the senior 
 officer in command of the imperial troops in the dominion. 
 The administrator must also be formally sworn, as in the 
 case of the governor-aeneral." 
 
 The senior executive councillor frequently administered 
 the government in the absence of the governor-general 
 
 1 Letters Patent, 1S78, s. 5. 
 -' Instructions, 1878, s. 2. 
 ■' lb. s. 4. See chapter on bills. 
 *Ih.s.d. See. Todd, 271. 
 ■' Letters P. s. 3, 4. 
 
 "i6. s. ; also B. X. Act, 18(17, s. 14. See Chapter vi., for appointment 
 of deputy-governors since 1840. 
 
 ' Instructions s. 6. 
 
 * It is always comjietent for the imi>erial government to remove the 
 'governors of colonies, who are appointed durinfr pleasure. See inemor- 
 ;il)le case of Governor Darling of Victoria. Eng. Com. P. 1866, vol. 50, 
 p. 701 ; Todd, U9. 
 
 •' Letters-patent, s. 7. Canada Gazette, Dec. 30, 1882. 
 
52 PARLIAMENTARY IXSriTUTfOXS IN CANADA. 
 
 before the union of 1840.' But whenever the lieutenant- 
 governor was in the country, during* the period in 
 question, it was his duty to administer the government". 
 8ince 1840, in the old province of Canada, and in the 
 dominion, the government has hec^n administered in the 
 absence of the governor-general by the senior officer in 
 command of tli(^ inijxn-ial troops in accordance with the 
 letters-patent issued by the Crown.' 
 
 The constitution inovides for the appointment of a 
 council to aid and advise the representative of the sov- 
 (ireign in the g-overnment of Canada. This body is styled 
 the queen's privy council, and its mem])ers are chosen and 
 may be removed at any time by the governor-general.^ 
 In accordance with the principles of the British consti- 
 tutional system, this council represents the views of the 
 majority of the people's representatives in parliament, and 
 can only hold office as long- as its members retain the 
 confidence of the House of Commons. The name chosen 
 for this important body has been borrowed from that 
 ancient institution of Engfland, which so long discharged 
 the functions of advising the supreme executive of the 
 kingdom in the government of the country.^ Since the 
 revolution of 1688. the privy council of England has had 
 
 ' In ISOo, when Sir R. Shore ^Nlihies, hentenant-jrovernor, went to En<rlan(l, 
 Mr. Dunn assumed tlie <rovernnie.nl as " President and Commander-in- 
 Chief; " he was one of tliejndiies, and an executive councillor. I. Christie, 
 25i». On the death of the Duke of Richmond, in ISIU, the jzovernment 
 devolved on Mr. 3Ionk, as senior executive councillor. III. Christie, 322. 
 
 - (ieneral Prescott on departure of Lord Dorchester in 179«), 1 Chris- 
 tie, 17:5 ; Sir R. Shore Milnes in 1799, Ih. 203 ; Sir F. Burton in 1S24, III. 
 lb. bo. No such otticial now exists in the dominion, the functions of tlie 
 present lieutenant-governors heing confined to the provinces to which 
 they are ai){)ointed. 
 
 ■'In 1S41, Sir R. D. Jackson; 1845, Lord Cathcart ; 1S53, Lieut.-Gen. 
 Rowan; 1S57, Sir W. Eyre; ISHO, Lieut. -gen. AVilliams; 1865, Lieut. -Gen. 
 Michel ; 1874, Major-Gen. O'Grady Haly ; 1878, 1881-2, and 1882-3, Sir 
 1*. L. McDorgall. [See Canada Gazette, Dec. 30, 1882.] 
 
 * P,. N. A. Act, 18(57, s. 11. 
 
 » 1. Bhu'kstone's Com., 229-234. 
 
COXSTITUTION OF THE GEM'RAL GOVERXMEST. 53 
 
 HO longer the direction of publ.c affairs, though it has 
 still an existence as an honorary body, limited in numbers 
 only liable to be convened on special occasions, and only 
 in theory an assembly of state advisers.' Tin* system which 
 has grown up in England since 1688, and which has ob- 
 tained its most perfect realization during the past half cen- 
 tury, now entrusts the practical discharge of the functions 
 of government to a crbinet council, which i^ technically 
 a committee of the privy council.- This cabinet is the 
 ruling part of the ministry or administration. The term 
 " ministry " properly includes all the ministers, but of 
 these only a select number — usually about twelve, but 
 liable to variation from time to time even in the same 
 administration — constitute the inner council of the Crown 
 and incur the higher responsibilities whilst they exercise 
 the higher powers of government. The rest of the min- 
 istry, although closely connected with their brethren in 
 the cabinet, occupy a secondary and subordinate posi- 
 tion.^ In Canada, however, there is no such distinction ; 
 for the term " ministry " or " cabinet " is indifferently 
 applied to those members of the privy council who may 
 be summoned by the governor-general to aid and advise 
 him in the government of the dominion. The principles 
 that prevail iu the formation of a cabinet in England 
 obtain in the case of an administration in Canada. Its 
 m.embers must have places in either house of parliament, 
 
 1 II. Todd, Pari. Gov. in P:uglaud, 52, 53. 
 
 ■^ II. Todd, 144. The cabinet council or ministry who hold the prin- 
 cipal offices of state, are first sworn in as privy councillors. II. May, 
 ?{», Macaulay c. 20. 
 
 ^ Taswell-Lanjrniead, Cons. Hist., \\ 079. And not only is the exist- 
 ence of the cal)inet council unknown to the law, but the very names 
 of the individuals who may comprise the same at any given jx^riod are 
 never officially comnmnicated to the public. The London Gazette an- 
 nounces that the que.en has been pleased to appoint certain j)rivy coun- 
 cillors to fill certain higb offices of state, but the fact of their having been 
 called to seats in the cabinet council is not formally promulgated, II. 
 Todd, 144. 
 
')4 PARLIAMENTARY Hs'STITrnoys IS CANADA. 
 
 but the majority should, and necessarily do, sit in the 
 commons. 
 
 In the old province of Canada, the ciibinet was always 
 know^n officially as the executive council.' In I8H0, this 
 body comprised in all twelve members, six from each 
 province : two attorney-o-enerals, tw^o solicitor-generals, 
 a receiver-general (also minister ol" militia), minister of 
 finance, commissioner of crown lands, minister of agri- 
 <'ulture and statistics, commissioner of public works, 
 president of council, provincial secretary, and postmas- 
 ter-general." In all the provinces of the dominion, the 
 oificial body advising the lieutenant-governor is still 
 authoritatively recognized as the executive council.' 
 
 In 186*7, a new ministry of thirteen members was formed 
 under the legal title of the privy council of Canada, in 
 which it w^as found expedient to consider the claims of 
 the several provinces ot the dominion to representation 
 in the first cabinet. Accordingly, Ontario had five repre- 
 sentatives in the privy council ; Quebec, four, one of 
 them a representative of the English section of the popu- 
 lation ; Nova Scotia, tw^o ; New Brunswick, two. The 
 departments were re-organized, and new^ones established, 
 to meet the changed conditions of things. The privy 
 council w^as composed of the follow^ing ministers :^ minis- 
 ter of justice and attorney-general,' minister of militia,*"' 
 
 1 Can. Cons. Stat., pp. 168, 169. 
 
 - Confed. Debates, 1865, p. vii. Sir E. P. Tache was tlion premier of 
 the Tach^-!MacdonaId ministry, and held two ottices, receiver-general 
 and minister of militia. 
 
 =* B. N. A. Act, 1867, s. 63, 64 ; 45 Vict., c. 2, Quebec Stat. ; c. 14, Ont. 
 Cons. Stat. ; Man. Cons. Stat, c. 6 ; 33 Vict., c. 3, e. 7, Can. Stat. ; British 
 Col. Cons. Stat. c. 4, s. 2, 3 ; P. E. Island, Dom. Stat., 1873, p. xii. 
 
 * Annual Register, 1878, pp. 9-10 ; Canada Gazette. Their salaries and 
 designations are given in 31 Vict., c. 33, schedule. Salaries of ministers 
 were subsequently increased by 31 Vict., c. 31, s. 2. 
 
 ^ Functions of department set forth in 31 Vict., c. 39. 
 « 31 Vict., c. 40. 
 
(ossrrnTKts OF rin: gijxkhal (i(fVi':i:xMi:.\r. /i5 
 
 minister of customs,' minist«M* of fiimmv,- minister of 
 pu})li(' works,' minister of inland revenue' minister of 
 marine iv..d fisheries,' postmaster-general.'' minister of 
 agriculture," secretary of state of Canada,'' receiv»'r-gen- 
 eral, "secretary of state for the provinces, president of the 
 privy council.'" In 187-^), on a chanu*.' of iiovernment, 
 the number of ministers was increased \<, fourteen, two 
 of them without portfolios," but by subsequ«'nt re-arrange- 
 ment the numb«>r was reduced to thirteen as before, and. 
 P. E. Island, now^ a part of the confederation, was repre- 
 sented ])y one member in the cabinet.'" On two occasions 
 since 1878. the speaker of the Senate received a seat in the 
 council, though without portlblio," and the number of 
 members of government was consequently increased 
 again to fourteen. Since 1867, several changes have taken 
 place in the organization of the di'partments. In 187-3, 
 the office of secretary of state for the provinces was 
 abolished, and a d«»partment of the interior organized, 
 with the control and management of Indian aiiairs, domi- 
 nion lands, geological survey, and some other matters 
 
 ' 31 Vict., c. 43. 
 
 '■' 31 Vict., c. r, ; 32-:!;) Vict. c. 4, and other acts relating U> cxiKMiditnrcs 
 and revenues. 
 
 ■' 31 Vict., c. 12. See hfro, p. 56. 
 
 * 31 Vict., c. 40. 
 
 ^ 31 Vict., c. 57. In 1877, the manajrement of certain piers, harhonrs, 
 and breakwaters, was transferred from the department of public works 
 to that of marine and fisheries. 40 Vict., c. 17. 
 
 " 31 Vict., c. 10 ; 38 Vict, c. 7. 
 
 "31 Vict, c. 53. 
 
 •^ 31 Vict, c. 42. 
 
 ® The department of receiver-general was not provided for by special 
 act, but his duties are defined and referred to in various acts. See 31 
 Vict, c. 5, etc. 
 
 ''• Neither of these offices was provided for by special act. 
 
 " Hon. E. Blake and Hon. R. W. Scott, Annual Register, 1878, p. 30. 
 
 ^'^Ib. 30-31. P. E. Island has at present no representative in the cabi- 
 net ; nor have Manitoba and British Columbia. 
 
 '^Hon. Mr. Wilmot, in 1878; Hon. Mr. McPherson, in 1880, on ap- 
 pointment of former to lieutenant-governorship of New Brunswick. See 
 Can. Gaz., Nov. 9, 1878 ; lb., Feb. 12, 1880. 
 
5t; i'.\i:Li.i.\{i:.\TAnY issrirrrKKSs i.\ < wada. 
 
 pn'viouslv rntniNlcd \o llu* sorrclnry <>l' nIjiIc lor (^mndii. 
 Tlio Ijillrr olliiowiis » onliiim (1. l)iil ils ruiulioiiN \v»»n< 
 ronliiu'd lo .sJjiltM onoNpondciicc. Mipply of NlalioiH'VN . siiid 
 s\U'\\ olhcr diiJM's ns wen' dischniiicd hy IIm' sotn'taiy of 
 tsljitc lorllu' ]>n)viint's. and wwo iiol i'xpn'ssly (nnisrrrrrd 
 1o iho d(']>;nlim'in of ilir inlt'iior by lli«' :u'l orunni/iiiH" 
 Iho liiHrr bureau.' lu 1S75>, Ihe <>lli««« ol' reeei ver-ucucrnl 
 Was abolished, and \\\o tluli«'s assiiiUi d lo \\w iiiiauee 
 miuisier. Al the sauie liuw llie deparlnienl of ])ubli<- 
 \vt>rkswas divid(Hl iiilo iwo sejiarale deparluieiils, pre- 
 sidetl over by two niiniNbMs — one desiiiualed miuisb'r ol" 
 railways and laiials; the other, minister ol" i)ublie 
 works. These and previous deparlUH'utal ehani»«'s were 
 reiuh'red necessary at that iinn' : in the lirst place, l)y 
 Uie transl'er ol" the i»'reat north-west (i'rritory io Ihe 
 <iloniinion, with ils immense area of land, and n\inierous 
 tribes of Indians, and in the second i)lace, l)y Hi*' V(M'y 
 lariiv atlditional amount of responsibility thrown on tln^ 
 department ol' public works ])y the const rui'tion ol' ihe 
 racilic railway, which had been at that time undertaken 
 by the government .- 
 
 The constitution oi' ISOT provides that there shall be 
 " one Parliament lor Canada, consisting oi'the Queen, tin 
 Uppor House, styled the Senate, and the House of Com- 
 mons.*'^ "We have alreadv isoi'n that the sovereign is 
 
 ' oO Viot.,1'. 4. amend, by 4() Vict., c. (>. The dopartmcnt of tho interior 
 has now attained ^roat inijHirtamo on aet'ount of the rapid development 
 of the North- West, to whieh it owes its existenee. 
 
 * 42 Viet.,e. 7. " An Aet resixH'tint; the otiiees of rtH'eivor-jieneral and 
 minister of {nibho works," Can. Hans. (1870) 1241. In the session of 
 1S7S, when the Mackenzie administration was at the headof atlairs, a bill 
 paiised the Conmions to abolish the reeeiver-ireneralship, and to sub- 
 divide the department of justice, so that there would be an attorney- 
 general with a seat in the cabinet, and presiding conjointly with the 
 minister of justice over the dominion law department. Can. Hans. 
 (1S7S) 1204, 1584, 1811. It was, however, jxistponed in the Senate, Sen. 
 Deb., (1878) t>81-t)l)5. 
 
 ^ B. y. A. Act, 1807, s. 17. 
 
cossrirrrKts of tiii: <;i:m:i:.\l <;<>vi:itSMi:\"r. TiT 
 
 r«'|)r«'N(']Ht'(l l)y ii ^ovrrnor-i^t'in'ml who, in person or hy 
 deputy, opens iiiul i)roroiiMies pjirliunienl.' He ;ilso nssenls 
 to nil l)ills in her Miijesly's miine,- iin<l iriiiy ;it jiny lime 
 dissolve piirliiinienl,' !l preroi^iilive ol' I lie ( 'i-o\vn exereise<l 
 vvilh nre;il eiiulion under Ihe iidv i<e of Ihe privy <<)un<il. 
 \n the limes hel'ori' 1 he eoneession ol' res|)onsil»le <j;-o\ern- 
 mcnl, when ronlesis helween the executive ;ind IJie 
 ussemldies wei'e ehronie, the governors <lulle<l the edi^c 
 of this imporlwnt instrument hy its too IVefpient. use.' 
 Under the present system ol" <-onstitutionul ^-overnnient, 
 sueh ii <'onditi(Mi ol" thini>s ciinnot, j)ossil»ly or* ur. The 
 responsibility of deiidino- vvhether in nnv iKirtieuhir case 
 adissolution sliould he granted, must, under our <'onsiitu- 
 tion, "rest absolutely with llie re|)resentat ive of th«; 
 yovereii^n." ' In <'ominy to a conchision, Fie is Lfuided hy 
 considerations of public interest, whieli will enable h'un 
 ulways to judi^e ol" the value ol' the advice i^iven him by 
 his constitutional advisers." ()c<'asions, however, can very 
 rarely arisi' when he should leol hims<di" bound, iorpow*?!- 
 
 ' Seo chap. vi. 
 
 * ( 'liaptcr (111 hillH. 
 
 •' (iovoriior-j,'(Mu<rars l(itt(*rs-pat('.iit, 1K7S, s. 5 ; 15. N. A. A<t, ]Sn7, .s. r)0. 
 
 * From 1 SOS to ISIO, (li(< Ciii('.l)('.c a.sMctiilily was (lis.solvod no Ic.ss than 
 three tinu\s by Sir Jaincs ("rai;.'. Soo his nunarkahlc sih'.(!(|i on fine, oc<;a- 
 jsion, in which ho soundly rated th(^ assenihly before <li.s.solving it. 
 
 1 Christie, 'IK). 
 
 * Sir T. !•:. :May, New South Wales I^i«. Ash. V. and P., 1S77-7M, v«jl. i., 
 p. 451 ; Todd, I'arl. Gov. in the Colonies, rjfil. 
 
 * " The resi»onsi})ility, which is a frraveone, of deciding wlieth(T in any 
 particular case it is rij^ht and (ixijedient, havinj; rc^rard to the ciairiis of 
 the resiHictive j)arties in i)arlianient, and to the <:(;neral inten^sts of the 
 colony, that a dissolution should l)e j^ra.ited, nuist, under the(ronstituti(m, 
 rest with the governor. In dis(;harging this responsibility, he will, of 
 course, i)ay the greatest attention to any rej>resentations that njay be 
 made to him by those who, at the time, are his constitutional advisers ; 
 but, if he should feel himself bound to take the resjKjnsiljility of not follow- 
 ing his ministers' recommendation, there can, I apprehend, bo no doubt 
 that both law and practice empower him to do so." Sir Michael Hicks- 
 Beach, Sec. of S. for Colonies; Xew Zealand Pari. P., 1878; App. A, 2, 
 p. 14 ; New Zealand Gazette, 1878, pp. 911-14. 
 
58 I'AniiAMKxrMiY lysrnrnoys ix caxada. 
 
 ful public or constitiitionul reasons, to rei'uso the advice 
 of his council ; l)ut there can ])e no dovi))t that it is the 
 ri<jht and duty of the Crown, ur.der any cinumstances, 
 to control the exercise of one of the most A'alued preroga- 
 tives of the soverinffn. The relations between the repre- 
 sentative of the Crown and his advisers are now so 
 thoroufi-hly understood, that a constitutional difficulty 
 can hardly arise which cannot ))(» immediately solved. If 
 the Crow^n should feel compelled at any time to resort to 
 the extreme exercise of its undoubted prerogative right of 
 refusing the advice of its constitutional advisory council 
 of ministers, they must either submit or immediately 
 resign and give place to others who will be prepared 
 to accept thi' full responsibility of the sovereign's action, 
 which must be })ased on the broadest grouiuls of the pub- 
 lic welfare.' 
 
 Els<*where th(^ provisions in the A<t of Union respect- 
 ing the constitution of the Senate and the House of Com- 
 mons are explained at considerable length, and it is only 
 necessary here to refer to some general features of the 
 organization of those bodies." In the constitution of the 
 upper house adequate security has been given' to each of 
 the provinces for the protection of its peculiar local inter- 
 ests, "a protection whi<h it was believed might not be 
 found in a house where th(» representation was based 
 upon numbers only."-^ Consequently, the dominion was 
 divided into three sections, representing, ."istinct interests, 
 — Ontario, Quebec and the maritime r^:'ovinc(»s of Nova 
 Scotia and New Brunswi<k — to eaj-h of which was given 
 an equal representation of tw-'uty-four members. Provi- 
 sion was also made for ke(^i)iug the representation for the 
 maritime provinces at the same number, after the 
 
 ' See mem. of Lieut.-Govoriior Eobitaille, Oct. 30, 1879, in a Quebec 
 constitutional crisis, in wliiili he refused a dissolution to M. Joly, who 
 thereupon resigned. Todd, 5t)o. See also lb. 573. 
 
 ^ Chap. ii. 
 
 =» Sir A. Campbell, Confed. Deb, p. 21. 
 
roysTiJirnox of the geseral aovEnsMEsr. 59 
 
 eiitranco of Priiuo Edward Island.' An ox<option, how- 
 ever, was mad*' intho case ol' Ni'wfonndland, " which has 
 siM-tional t lainis and interests of its own, and will th«'re- 
 fore have a separate r<'pr«'s«'ntation in tho Senate."^ 
 More than that, in order to ]>rt'vent that hody ln'ing' 
 swamped at any time for i)olitital reasons, the tonstitu- 
 tion expressly limits the numlx-r that <an sit therein to 
 seventy-eight.' Special regard has also been had to the 
 peculiar situation of the provinct* of Quebec, whi're the 
 electoral divisions that existed previous to 18<i7 are main- 
 tained, and a senator must consequently have his real 
 property qualification, or be resident, in tht? district for 
 which he is appointed — a provision that was not consid- 
 ered necessary for the other provinces.' 
 
 The House of Commons, as first organized under the 
 Act of Union, comprised one hundred and eighty-one mem- 
 bers, but the number has, since the census of 1881, been 
 increased to two hundred and eleven, in accordance with 
 the principle of representation laid down in the constitu- 
 tion."' In arranging the representation of the House of 
 Commons, the question arose in the Quebec conference as 
 to the best mode of preventing the difliculty in the future 
 of too large a number of members. It was to be expected 
 that in the course of a few decades the population would 
 largely expand, not only in the old provinces which first 
 composed the dominion, but in the new proA'inces whi h 
 would be formed sooner or later out of the vast North- 
 
 ' Chap. ii. 
 
 ^ Sir J. A. ^lacdonald, Confed. Deb. 35. 
 
 •' lb. p. 36, on admission of Newfoundland, S2. Chap. ii. 
 
 * Hon. G. Brown said in the debate on Confederation (p. 89) : " Our 
 Ix)wer Canada friends felt that they had French Canadian interests and 
 British interests to l)e protected, and they conceived that the existing 
 system of electoral divisions would give protection to those separate 
 interests." The principal object of this provision was to give a represen- 
 tation to the English-speaking population of Lower Canada, in the East- 
 ern Townships especially, which have now two representatives in the 
 Senate. 
 
 '" Chap. ii. • 
 
^0 PAIiUAMKSTMtY ISsriTlTIOSS IS VASADA 
 
 West. Unless somo (Icfiiiitc j>riii«'ii)lf \v;is lulopti'd to kooj) 
 thci rcpivsj'iitiition within a (MTtnin limit tlu' House of 
 Commons miuht cvriitujilly IxMomc ii too rumhrous, un- 
 wieldy body. It \v;is decided " to jic«'ej)t tlnM-e[)resentation 
 of Lower Cuuifda ;is alixed standard — as a pivot on which 
 i\\v. whole wouhl turn — since that i)r()vince was the best 
 suited for the ]>uri)ose on account of the <omparatively 
 p;^rmanent character of its i)opulation, and from its havinp: 
 neither the hiru'est nor the h'ast iiumher of inhabitants."' 
 Hence the danui'er of an inconvenient increase wlu'U the 
 representation is reviewed after each de<-ennial census, has 
 bi'.en practically redu<'ed to a minimum. 
 
 The question of the duration of parliament also obtained 
 much consideration when the Quebec resolutions were 
 under deliberation ; and it was linally decided to follow 
 the exami)le of N«'W Zealand and give the Canadian 
 parliament a constitutional existence of live years -"from 
 the day of the return of th(» writs for choo -iing- the house," 
 subject, of course, to be sooner dissolved by the governor- 
 general, acting under the advice* of thi' privy council . In 
 this connection it is interesting to note that in 186t, the 
 writs for the dominion elections were issued on the *7th 
 of August, and made returnable on the 24th of Sei> 
 tember, except those for Gaspe, and Chicoutimi, and 
 Saguenay, which were to be returned on the 24th of 
 October.* The first parliament actually assembled in 
 the month of NoA^ember 1867, and lasted until the 
 8th of July, 1872, when it was formally dissolved, 
 having completed its constitutional limit of five years, 
 less a few weeks, from the return of all the writs. In 
 1872, the writs were made returnable on the 3rd of 
 September, except those for Gaspe, Chicoutimi and Sa- 
 guenay, Manitoba and British Columbia, which were to 
 
 ' Sir J. A. Macdonald, Coiifed. Deb., 1805, p. 38. 
 - Sir J. A. Macdonald, Confed. D., 1805, p. 3'). 
 ^ Jour. [1807-8.] vii-x. 
 
c()\s'irrrri<>\ of 'iiii: (hiskhm. <;<)Vi:nsMi:sT, ♦;! 
 
 be retunu'd oil tln' 12th of OftolxT,' hut Parlijiuu'iit did 
 not iictunlly as8 'inhlt' until tlu' ')tli of M:ir«h, IS".'*. Tho 
 S(M'ond j):nlianu'iit coiitiiuu'd in cxistoiir*' only until tho 
 2ndof.Tiinuiiiy. lST4.\vlu'n it wasdissolvt'd. the writs ln'inir 
 sroiicrallv mad*' rrturnahlc on the "Jlst of Frhruarv, with 
 the exi'i'ptiou of those for the districts and province's just 
 named, which had to he returned ou the Tilth of Mar«-h.- 
 The third j>arliainent assemhled on the 2(ith olMarih, and 
 lasted until the 17th of Auuust, 1H7H, when it was dis- 
 olved,'havini»" sat in live sessions of an averau'e duration of 
 nearly ten weeks, and its constitutional existence havinii' 
 been about seven months 1« ss than live years from the 
 date of the return of all ^he writs in 1HT4. In 1878 the writs 
 generally were returnable on the 21st of November, but 
 Parliament did not actually assemble until the 18th of 
 February, 1879. Only four sessions WH»re held of the fourth 
 parliament which was dissolved in the month of May, 
 1882, having been less than four years in existence since 
 the dissolution of 1878. 
 
 The provisions respecting the election of speaker, quo- 
 rum, privileges, elections, mom^' votes, royal assent 
 and reserved bills, oaths of aUegiance, use of the French 
 language, will be found reviewed at considerable length 
 in subsequent parts of this work, ('specially devoted to 
 such subjects. Parliament has full control of all dominion 
 revenues and duties, which form one consolidated revenue 
 fund, to be appropriated for the public servi<e in the man- 
 ner, and subject to the charges provided in the Act of 
 Union. ^ The first charge thereon is the cost incident to 
 the collection and management of the fund itself; the 
 
 ' Jour. [1873] vi-xi. 
 
 ■^ Jour. 1874, Proclamations v-ix. A separate proclamation liad to be 
 issued lor xV lipoma, writ also returnable on the 12th of March. 
 
 ■■• Jour. [1879] vii-x. 
 
 * Sec. 102-120. See 31 Vict. c. 4 and 5, and subsequent acts, resjiectin}; 
 the consolidated revenue fund, and collection and management of the 
 revenue. 
 
^2 J'AliLIAMICXTAIiY jySTITl'TIOXS L\ CAXADA. 
 
 socond chiirot' is the amiual intorcst on tho i)u))li(' debts of 
 the several provinces ; the third eharu'e is the sahiry oi'the 
 g()vernor-i>'eneral, lix«'d at ten thousand pounds sterling;. 
 A bill was passed in the first session, redurina* this salary 
 to hIx thousand five hundred pounds, but it was re- 
 served, nd subs(»quently disallowed on the liiound "that 
 a reduction in the salary of the ii'overnor, would place 
 the olfice, as far as salary is a standard of re<oiinition, in 
 the third class anion"' colonial oovcninients.'" 
 
 Vm. Constitution of the Provincial Governments and Legislatnres 
 —Organization of the North-West Territories.— Under tlie Act oi' 
 18G7, the dominion i>overnment assumed that control 
 over the respective provinces which was previously 
 exercised by the imperial government.- In each province 
 th're is a lit^utenant-governor, appointed ))y the uover- 
 nor-general in council, and holding ofIi<e for live years, 
 but subject to removal at any time by the governor- 
 general for " cause assigned," which must be " communi- 
 cated to him in writing- within one month after the 
 order of his removal is made, and shall be communicated 
 by message to the ^Senate and to the House of Commons 
 within one week thereafter, if the Parliament is then 
 sitting, and if not, then within one week after the iom- 
 nieucement of the next seysiou of parliament."' Every 
 
 • Doiii. Sess. P., 1S()1>, No. 73. 
 
 ' " The general govornment assumes towards the local governnients 
 precisely the same jKisition that the imix)rial government holds now with 
 res{iect to each of the colonies." fc'ir J. A. Macdonald, C'onf. Deb., lS()o^ 
 1>. 42. Also Todd, Pari. Govt, in the Colonies, 415. 
 
 •■ B. N. A. Act, 18G7, s. 58-5}>. In the memorable case of 31. Letellier de 
 St. Just, removed from tlie lieutenant- governorshij) of (.Quebec in 1879, it 
 has been decided that the governor-general acts on the advice of his 
 cal>inetin considering the very delicate question of the removal of so im- 
 portant an otiicer. The colonial secretary, in a despatch of 5th July, 1879, 
 lays it down distinctly : " But it must be remembered that other powers, 
 vested in a similar way l)y the statute in the governor-general, were 
 <'lcarly intended to be, and are in practice exercised by and with the 
 advice of his ministers, and though the iH)sitii>n of a governor-general 
 
PRO vr\< 7. 1 /. < oysTrrrTfoxs. r>;i 
 
 liciitciiaut-iiovtMHor, on his appointment. Ijikt's th«' sunic 
 oaths of allciriant'c and olliccas an- taken l>y tlie ufovernoi- 
 H'cncral.' In all the provinces he has the assistance <>i" an 
 executive council to aid and atlvise hin. in administering 
 pul>li< allaiis, and who, like the privy couin'il oi* Canada, 
 an' responsihh' to tlu' people llirouu,'h their representatives 
 in the le<;islaturi . In case ot' tin; absence, illness, or 
 other inability oi' the lieutenant-t^overnor, the governor- 
 lieneral in <'ouncil may appoint an administrator to exe- 
 ( ute his office and t'un<tions.- 
 
 In the exercise ol'his tun«*tions, the lieutenant-governor 
 of a province "should, of cours*-. nuiintain that imparti- 
 ality towards political parties, which in ess«'ntial to the 
 proper ])eribrmance oi' the duties ol'his ollice, and I'or any 
 action he may take he is, under the iiily-ninth section ol' 
 the act, directly responsible to the i^overnor-u-i'iieral."' The 
 only sale principle that he can adopt lor his general 
 guidance is that pointed out to him by the experien<e of 
 the working of parliamentaiy institutions: to give his 
 conlidence to his constitutional advisers while they enjoy 
 the support of the majority of the legislature. 
 
 A question has been raised, how far a lieutenaut-gov- 
 
 Aould entitle liis views oa such a, snliject as tliatnow uiulor cont-ideration 
 vo j)t>c'uliar weijiht, yet lier Majesty's goveriiinent tlo not find anything 
 in tlie circumstances whicli would justify him in departing in this in- 
 stance from the general rule, and declining to follow the decided and sus- 
 tained opinion of his ministers, who are res|Kinsihle for the ftouce and 
 good government of the whole dominion to the i)arliament to which the 
 (;ause must be communicate<l." Can. Sess. P., 1880, No. 18, p. s. l-'or full 
 particulars of this nmch vexe<l «iuestion see Sen. and Com. Hans., 1878 and 
 187{»; Can. Sess. P., 1878, No. tiS; fh., 187!), No. 10; 11,., 1880, No. 18. For 
 communication to parliament in act;ordance with law, Can. Com. Jour. 
 (1880) 24 ; Sen. J. (1880) 22-23. 
 
 ' Sec. 01 B. N. A. Act, 1807. See form of oaths in Can. Sess l\, 1884, 
 No. 77. 
 
 - Sec 03, 65, 06, 67. 
 
 •* Despatch cf the colonial secretary, 1879 ; Can. Sess. P., 1880, No. 18, 
 p. 8. 
 
64 PARLIA MENTAR Y INSTITUTIONS IN CANADA. 
 
 ernor can now be considered to represent the Crown.' It 
 is beyond dispute, however, that he is fully authorized to 
 exercise all the powers lawfully bel« nging to the sovereign 
 in respect of assembling or proroguing, and of dissolving 
 the legislative assemblies in the provinces.' A high judi- 
 cial authority has expressed the opinion that " whilst it 
 cannot for a moment be contended that the lieutenant- 
 governors under confederation represent the Crown as the 
 lieutenant-governors did before confederation, yet it rau.st 
 be conceded that these high officials, sin("e confederation, 
 do represent the Crown, though doubtless in a modified 
 manner. They represent the queen as lieutenant-gover- 
 nors did before confederation, in the performance of all 
 executive or administrative acts now left to be performed 
 by lieutenant-governors in the name of the queen. "^ 
 
 The forty-first resolution of the Quebec <onference de- 
 clared that " the local government and legislature of each 
 province shall be constructed in such manner as the 
 existing legislature of each such province shall provide." 
 Accordingly, in the last session of the old legislature of 
 Canada, an address was passed to the sovereign praying 
 her " to cause a measure to be submitted to the Imperial 
 Parliament to provide for the local government and 
 legislature of Ijower and Upper Canada respectively."^ 
 In accordance with i his address the constitutions of Que- 
 bec and Ontario were formally incorporated in the British 
 North America Act of 186Y. The legislature of Ontario 
 consists of only the lieutenant-governor and one house, 
 named the legislative assembly, composed in the first 
 
 ' " They are officers of the dominion government — they are not her 
 Majesty's representatives." Taschereau, J., in Lenoir rs. Ritchie. Can. 
 Sup. Court R., vol. iii., p. 623. See also lb., vol. v., Mercer vs. Att.-Gen. 
 of O. 
 
 •' Todd, pp. 31)2-93. 
 
 ^Ritchie, C. J., Mercer vs. Att.-Gen. of O., Can. Sup. Court R., vol- v., 
 pp. 637, 643. 
 
 * Leg. Ass. J. (1866) 362. 
 
rnovixcTAL coxstitcttoxs:. 65 
 
 instanoe of (»iii'hty-t\vo HKMnhors, eloi^tod for tho same 
 electoral districts which returned members to the House 
 of Commons.' After the census of 1871, there was a re- 
 arranii'ement of constituencies, and tht^ liumber of repre- 
 sentatives was increased to eig-hty-eig-ht in all." 
 
 The legislature of Quebec consists of a lieutenant- 
 governor, a legislative council, and a legislative assembly. 
 The legislative council comprises twenty-four members, 
 appointed for life by the lieutenant-governor in the 
 queen's name, and representing the same electoral dis- 
 tricts from which senators are chosen.' The qualifications 
 of the legislative councillors of Quebec are the same as 
 those of the senators from the province.^ The legislative 
 assembly is composed of sixty-five members, elected for 
 the same electoral districts represented by the members 
 of the House of Commons for the province.' It is provided 
 in the act that while it is always perfectly competent for 
 the legislature of Quebec to alter these districts, it can 
 only change the limits of certain constituencies, especially 
 mentioned, with the concurrence of the majority of the 
 members r<^presenting all those electoral divisions.^ The 
 legislative assembly in each province is summoned by the 
 
 1 Leg. Ass. J. (1866) 363, resolution 12. B. N. A. Act, 1867, s. 69, 70, 
 1st sch. 
 
 ^ Chap. 8, Rev. Stat, of Ontario, (38 Vict, c. 2, s. 1,) in which the elec- 
 toral divisions are set forth. 
 
 =» Leg. Ass. J. (1866) 363 ; B. N. A. Act, 1867, s. 71, 72 and s. 22, subs. 3. 
 Cons. Stat, of Canada, c. 1, Sch. A. 
 
 * Se^. 73 and 23. 
 
 ^ Sec. 80 and 40 ; Doutre, p. 85. 
 
 •^ These districts are Pontiac, Ottawa, Argenteuil, Huntingdon, Missis- 
 ([uoi, Brome, Shefford, Stanstead, Compton, Wolfe and Kichmond, Megan- 
 tic, town of Sherbrooke. Second Sched. B. N. A. Act, 1867. In these 
 districts there is a large English speaking and Protestant population, and 
 it was considered expedient to insert this proviso securing its rights ; but 
 the provision was opposed in the legislature, in 1866, as unnecessary. 
 II. Turcotte, 590. 
 
 5 
 
66 PARLIAMEXTARY INSTITUTIONS IX CANADA. 
 
 lieuteuaiit-g-overnor in the queeii'.s name. It has a con- 
 stitutional existence of four years in Ontario,' and of five 
 years in Quebec .' subject to being dissolved at any time by 
 the same authority that calls them together. A session must 
 be held on<e at least in every year, " so that twelve months 
 shall not intervene between the last sitting of the legis- 
 lature in each province in one session and its first sitting 
 in the next session.'" The provisions in the act res- 
 pecting election and duties of speaker, quorum, and mode 
 of voting, in the House of Commons, also apply to the 
 legislative assemblies of the provinces in question.^ By an 
 act passed in 1882, the speaker of the legislative council 
 of Quebec remains in olfice during the parliament to 
 which he has been nominated by the lieutenant-governor, 
 and may not be a member of the executive council of the 
 province.^ 
 
 The Act of 18G7 provides that the constitution of the 
 executive authority as well as of the legislatures of the 
 
 1 The Ont. Stat., 42 Vict., (1879) c. 4, s. 3, provides that every legislature of 
 Ontario shall continue for four years from the 55th day after the date of 
 the writs for the election and no longer ; that in case a meeting of the 
 legislature is necessary before the election for Algoma has taken place, 
 the member elected for that district at the previous election shall repre- 
 sent the same until the new election therefor has been held and the return 
 made in due form ; that in such case the duration of the new assembly 
 shall be for four years from the day for which the assembly shall be sum- 
 moned to meet for the discharge of business and ^o longer, subject to 
 lieing sooner dissolved by the lieu tenant-go venu , This provision was 
 made to meet a constitutional question that liad arisen as to the exact 
 duration of the legislature — whether it could not last for four years from 
 the date of the return for Algoma, which is much later than for 
 the rest of the province. See Canadian Montlih/, April, IS?!), and Pari. 
 Deb. of Ontario, 1S79, as to the curious controversy that arose on this 
 constitutional point. 
 
 - Extended from four to five years, in 1S81, by the legislature of Quebec, 
 inaccordan(\>! with subs. 1, s. 92 of B.N.A. Act ; 44-45 Vict., c. 7. 
 
 •■' Sec. 8(). 
 
 * Sec. 87. 
 
 ^ Quebec Stat. 45 Vict., c. 8 
 
FROriXCUL CONSTITUTIONS. 67 
 
 provinces of Nova Scotia aud New Brunswick shall con- 
 tinue as it existed at the time of the union until altered 
 under the authority of that act.' These two colonies 
 had, for very many years, enjoyed the advantages of 
 representative institutions as liberal in all respects as those 
 of the larger provinces of Canada. Under the French 
 regime, and for some time after their conquest by the 
 English these provinces were comprised in the large, 
 ill-defined territory known as Acadia.- From 1713 
 to 1758 the provincial governm.cnt consisted of a 
 governor or lieutenant-governor and a council supposed 
 to possess both legislative and executive powers. The 
 constitution of Nova Scotia has always been considered 
 " as derived from the terms of the roval commissions 
 to the governors and lieutenant-governors, aud from the 
 instructions accompanying the same, moulded from time 
 to time by despatches from secretaries of state, conveying 
 the will of the sovereign, and by acts of the local legisla- 
 ture, assented to by the Crown : the whole to some extent 
 interpreted by uniform usage and custom in the colony."^ 
 A legislative assembly met for the first time at Halifax' on 
 
 ^ Sec. G4, 88. The i)Owei of amendment so conferred, lias not been 
 exercised in Nova Scotia — Gov. Archil)ald. Can. Sess. P., 1883, No. 70, 
 p. 11. 
 
 - Nova Scotia was formally ceded to Enirland by the Treaty of 
 Utrecht, 11 April, 1713 ; but Cajxi Breton still remained a possession of 
 France until the conquest of Canada and the subsecjuent Treaty of Paris, 
 which gave to Great Britain all the French possessions in British North 
 America except the islands of St. Pierre, Miquelon and Langley on the 
 coast of Newfoundland, reserved for carrying on the fisheries. The Island 
 of Cajje Breton was under the government of Nova Scotia from 1706 to 
 1784, when it was given a separate government, consisting of a lieu- 
 tenant-governor and council. This constitution remained in force until 
 the re-annexation of the island to Nova Scotia in 1820. Can. Sess. P., 
 1883, No. 70, p. 10. 
 
 •' Governor Archibald in an interesting memorandum on the early 
 constitution of Nova Scotia in answer to an address of Parliament. Can. 
 Sess. P. 1883, No. 70, pp. 7-11. 
 
 * Annapolis (Port Royal under the French regime) w^as the seat of 
 
68 rAPJJAMENTARY INSTITUTION.^ IN CANADA. 
 
 the 2n(l of October, 1758, aiidconsistod of twenty-two mem- 
 bers. It is interesting to note in this connection that the 
 assembly promptly asserted the privileges of free speech, 
 when a member's remarks had been called into question, by 
 declaring that " what he had said was as a mi^mber of the 
 assembly, and that he was only accountable to them for 
 what he had said."" In the same session a person was 
 committed to the custody of one of the messengers of the 
 house for haA^ng assaulted a member on his way from 
 the assembly.- 
 
 In 1838 the executive authority was separated from 
 the legislative council, which became a distinct legisla- 
 tive branch only.' In 1840, a practical recognition was 
 given for the first time to the principle of responsible 
 government, in the formation of the executive council, 
 but in reality the system was not fully realized until 
 1848.* L:! 1867, before the Act of Union came into force, 
 the legislature of Nova Scotia passed an act limiting the 
 number of members in the assembly to thirty-eight,'^ 
 and at the same time an address was proposed to limit 
 the number of legislative councillors to eighteen." The 
 number now varies from eighteen to twenty-one. 
 
 In 1784, the province ot New Brunswick which had 
 received large accessions of loyalists from the United 
 
 government until 1749. when Halifax was founded. II. Murdoch's Hist., 
 c. 11. 
 
 1 II. :Murdoch, 353. 
 
 2 lb. 354. 
 
 =» Can. Sess. P. 1883, No. 70, pp. 8, 39. 
 
 * Howe's Si>e.eches and Letters vol. I. pp. 553,5(12-4 ; Todd, 60; Eng. 
 Com. P. 1847-8, vol.42, pp. 51-88. 
 
 » Nova S. Stat., 30 Vict., o. 2 ; Rev. Stat. (4th series) c. 4. For vacat- 
 ing of seats, lb. c. 7. Duration of and representation in general assembly^ 
 c. 4. Executive and legislative disabilities, c 3. 
 
 "Jour. Ass. (1867) 28. Efforts have been made in the Nova Scotia 
 assembly to abolish the legislative council as in Ontario, but so far 
 fruitlessly on account of the opposition in the latter body. An. Reg. 
 (1879) 179-80. See Rev. Stat. (4th ser.) c. 2. 
 
PROVINCIAL COXSTITUTIOXS. 69 
 
 States, was formally created, and a governmeiit established, 
 consisting of a council of twelve members, liavin.s; both 
 executive and legislative functions, and of an assembly of 
 twenty-six members ;' but in 1832, it was deemed expe- 
 dient to follow the example of Nova Scotia and have 
 the executive authority quite distinct from the legisla- 
 tive council. In 1848, the principles of responsible 
 government were formally carried out in accordance with 
 the colonial policy adopted by the British government 
 wath respect to the British American provinces generally.- 
 In the Act of Union it was provided that thi; house of 
 assembly of the province, elected in 1866, should, 
 ■' unless sooner dissolved, continue for the period lor 
 ■which it was elected."'* The legislature now consists of a 
 lieutenant-governor, a legislative council of eighteen 
 members,' and an assembly of forty-one members, elected 
 ■every four years.'* 
 
 The island of Prince Edward, formerly known as St. 
 John," formed part of the province of Nova Scotia until 
 1769, when it was created a sej^arate province with a 
 lieutenant-governor, a combined executive and legisla- 
 tive council, and eventually a legislative assembly of 
 eighteen members." The government of the province 
 was always largely influenced by the proprietors of the 
 lands of the island, distributed by the lords of trade and 
 
 ^ The first governor was Colonel T. Carleton, brother of Lord Dori'hes- 
 ter. The government was frequently administered l>y presidents of 
 the^executive council, and by military chiefs. See copy of the commis- 
 sion of governor, giving him power to ai)point a council, create charts 
 and call an assembly, etc. Can. Sess. P. 1883, No. 70, p. 47. 
 
 ^ Todd, Pari. Govt, in the Colonies, GO. 
 
 « Sec 88. 
 
 * New B. Cons. Stat. 1877, c. 3, s- 1. 
 
 * lb. c. 4, s. 79. 
 
 ^ It was finally ceded to Great Britain by the Treaty of Paris, 17G3. 
 The name was changed in 1798 in honour of Edward, Duke of Kent. 
 
 ^ Captain ^Walter Paterson, one of the original land owners of the 
 colony, was the first lieutenant-goyernar. Sej copy of his commission, 
 Can. Sess. P. 1883, No. 70, p. 2. 
 
10 rAIilJAMEXTAJtY jysnTL'TIOXS IN CAXADA. 
 
 plantations in the year 1767. Some of the liontonant- 
 ffovernors were in constant antagonism to the assem- 
 bly, and dnrinsf one lulministration the island was prai^ti- 
 cally without parliaim^ntar}' government for ten years.' 
 Responsible government was not actu^Jly carried out 
 until 1850-1, when the assem])ly obtained complete con- 
 trol, as in the other provinces, of the pnbli*^ revenues.' 
 The land monopoly was for many years the question which 
 kept the public mind in a state of constant ferment, and 
 though many attempts were made, with the assistance of 
 the British government, to adjust the conflicting claims 
 of the proprietors and tenants,' it was not until the 
 admission of the island into the confederation in 1873 that 
 a practical solution was reached in the agreement of the 
 dominion goA^ernment to advance the funds necessary to 
 purchase the claims of the proprietors.^ It was provided, 
 in the act of 1873 admitting the island, that the consti- 
 tution of the executive authority and of the legislature 
 should continue as at the time of the union unless altered 
 in accordance with the Act of 1867, and that the assembly 
 existing in 1873 should continue for the period for which 
 it was elected.'' Th(^ Legislature now consists of a lieu- 
 tenant-governor, an elective legislative council of thirteen 
 members," and an assembly of thirty members." 
 
 ^ Campbell, 02. Mr. C. Douglas Smith Avas lieutenant-governor, and 
 did not summon the legislature from 1814-1817. He promptly dissolved 
 three successive legislatures which proved intractable. 
 
 -' Col. Office List, 1883, p. 38. 
 
 ^ An imperial commission Avas appointed in 18()0, but the report, though 
 accepted by the assembly, was rejected by the imperial authorities as 
 beyond the authority given the commissioners. Cami)bell, l(i2. 
 
 * Com. Jour. (1873) 401 ; Dom. Stat, of 1873, p. xi. A compulsory Land 
 Purchase Act passed the provincial legislature in 1875. Todd, 352-4; 
 Eng. Cora. P., 1875, vol. liii., pp. 764, 706-768. 
 
 ^Dom. Stat. 1873, p. xii. 
 
 " P. E. I. Rev. Stat, of 1862, c. 18. Several attempts have been made 
 to abolish the legislative council. P. E. I. Jour- (ISSO), 278-9 ; Leg, 
 Council debates (1882), 57-72. 
 
 ' Col. Ofhce List, 1883, p. 38. 
 
rnoviSi'iAL coxsT/rrTioxs: tl 
 
 The local <oiistitntion arraiiqvd for the provinro of 
 ^Manitoba by the Canadian rarliamcnt in 1H70 provided 
 for a lientenant-iiovornor, an executive coun<'il. of not less 
 than five persons in the lirst instance, a b^ii'islative coun- 
 cil of seven members, to be increased to twelve after four 
 years, and a lt\ij"islative assembly of twenty-four mem- 
 bers elected to represent electoral districts set apart bv 
 the lieutenant-governor.' In 1870 ]\[anito])a abolished 
 the legislative council, and the legislature consequently 
 now consists only of the lieutenant-governor and assem- 
 bly.- The same provisions as in the other provinces exist 
 with respect to the duration of the leii'islature and its meet- 
 ing once every year. Either the Fr«»n<'h or English language 
 may be used in the records aiid debates. The present 
 assembly consists of 31 members.' 
 
 In 1859 Vancouver Island was constituted a British 
 colony,* and about the same time it became ne<-essary to 
 establish a similar government in British Colum])ia in order 
 to maintain order amono: the people, attracted by the gold 
 discoveries ;' but in 1800 both colonies were united'' and 
 in 1871, as previously shown, they became part ot the 
 dominion of Canada." Previous to the union, the province 
 of British Columbia was governed by a lieutenant-gover- 
 nor, and a legislative council composed of heads of depart- 
 
 ^ Supra I). W^ ; 33 Yict., c. 3. See. Sese. P. 1871, Xo. 20, for measures 
 taken to organize the provincial government. 
 
 - !Man. Stat., 39 Yict., c. 28. Pari. Companion, 1878, p. 310; Sess. Pap. 
 1876, No. 36. 
 
 ■' ]Man. Stat., 44 Vict., c. 12, s. 4. 
 
 * Sir James Douglas, the local agent of the Iluuson's Bay Company, 
 which had trading privileges over the island and mainland until the es- 
 tablishment of Colonies, became the first governor. 
 
 ^ The Hudson's Bay Company's trading license was revoked and a 
 colony established in 1858, by 21 and 22 Vict. c. 99. The colony 
 had, when first created, no form of representative government. Col. Otfice 
 List, 1883, p. 37. 
 
 « Col. Ottice L., 1883. p. 37. 
 
 ' Supra p. 46. 
 
t2 PAllLIAMESTMty LSsTlTUTIOSS IS (JASADA. 
 
 ments and other public ollicors ;' ])ut it wus cxpn'ssly 
 dtM'larL'd in tln' tenns of union that " tho i»'ov('i*nni('nt of the 
 dominion will readily consent to the introducLion of res- 
 ponsi))lo i^overnnient when desired by the inhabitants of 
 British Columbia," and that it was the intention of the 
 governor of that province, under the authority of the sec- 
 retary of state for the colonies, " to amend tln^ existincf con- 
 stitution of the legislature by providini>- that a majority 
 of its members shall l)e elective.''- Since its admission, 
 British Columbia has a local constitution similar to that of 
 some of th(3 other provinces ; a lieutenant-governor, an 
 executive council, responsible to the legislature, and one 
 house only, a legislative assi^mbly of twenty-iive members.* 
 Since the acquisition of the North-AVest th*^ I'arliament 
 of Canada has provided a simple machinery for the g'ov- 
 'frnnient of that vast territorv. preparatory to the formation 
 of new provinces therein. The lirst ait i)assed in 18»i9 
 was only of a temporary character, and, as preA'iously 
 ishown, it never practically came into operation :' but in 
 the act of the follow^ing year, forming* the new province of 
 Manitoba, provision was also made for the government of 
 that portion of Ituperts' Land and the North-AVest Terri- 
 tory, not included within the limits of that province. 
 In subsequent sessions other acts wa^re passed, and in 
 1880 all the legislation relatinu' to the North-AYest Terri- 
 tories was consolidated into one statute.' The territories 
 are now governed by a lieutenant-governor, or adminis- 
 
 ,. ' A legislative council of 15 persons was first established in 1863, and 
 was enlarged to 23 members on the nnion witii Vancouver Island. In 
 1870 other constitutional changes took place, by whicli nine unofficial 
 members were elected by the people. Col. 0. List, 18S3, p. 37. 
 
 '' Can. Sess. P. 1807-8. No. oD ; Stat, for 1872, p. Ixxxix. Col. Office List, 
 1883, p. 37. 
 
 •' B. C. Cons. Stat., c. 42. 
 
 * Supra p. 45 ; 32 and 33 Vict. c. 3. 
 
 ^ Can. Stat, of 1870, c. 3 ; 1871, c. Ki ; 1873, c. 5 ; 1875, c. 40 ; 1877, c. 7 ; 1880, 
 C.25, Consolidating Act. By 45 Vict. c. 28, s. 1, tlie act of 1880 is declared 
 not to be a new law, but a revision, consolidation and continuation of 38 
 Vict. c. 49, and 40 Vict. c. 7, subject to the changes contained therein. 
 
ORGAXIXATIOX ffF Till: yoilTH-WEST. t8 
 
 trator, appoiiitt'd ])y iho i>overiior-i>«'iU'ral in council. Tho 
 law provides lor a council, <omi)osL'd ol' the .stipendiary 
 magistrates in the territory and other persons, appointed 
 in the lirst instance ])y the uovernor-general, with the 
 advice of his ministry. The lieutenant-governor in 
 council may make ordinances lor the government ot" the 
 North-West Territory, within certain limitations set forth 
 in the act, and copies of such ordinances must he mailed 
 to the secretary of state within thirty days alter their 
 passing ; the governor in council may disallow such 
 ordinances Avithin one year afti'r their receipt. The ordin- 
 ances of the coun<il, and all orders of the governor in coun- 
 cil disallowing any of them, must always belaid formally 
 before parliament as soon as it can be conveniently done'. 
 Provision is also made for the erection of electoral districts 
 and the election of members of council, according as 
 the territory increases in population ; and a legislative 
 assembly may be formed in place of a council, as soon 
 as the elected members of any council amount in all 
 to twenty-one. The assembly must ])e summoned at least 
 once a year, and shall present all ])ills to the lieutenant- 
 governor for his assent. The members are to hold their 
 seats in the assembly for two years. Electoral districts 
 have been already formed in the territories and elections 
 for the council held in accordance with the act. 
 
 Pending the settlement of the western boundary of 
 Ontario, it was considered expedient in 1870 to create a 
 separate territory out of the eastern part of the North- 
 AVest.- This territory is known as the district of Kee- 
 ivatin," and is under the jurisdiction of the lieutenant- 
 governor of Manitoba, ex-qlfirio, who may have the assist- 
 ance, if necessary, of a council, of not less than five persons 
 and not more than ten, to aid him in the administration 
 of affairs, with such powers as may be conferred upon 
 
 1 Sess. P. 187J), Xo. 86. 
 
 ' 39 Vict., c. 21. 
 
 ^ Sometimes Keewaydin. 
 
"74 j'Ai:LiAMi:.\rAf!y /.vsvv/r/vo.v.s /.v r.i.v.i/M. 
 
 thorn l)y order ol'tho ii'ovcrnor in <(niii(il.' This jirrjin^*'- 
 moiit ot* a st'pinatc district is altoudhcr ol" a provisional 
 nature, and will prol)a])ly fomo entindy io an end with 
 thf rapid dcvcloixMnont of the North-West Territories. - 
 The district ol" Keewatin lias ])een materially altered by 
 the extension ol' the limits of Manitol)a, in aeeordance 
 with acts passed since 1S7<i.' 
 
 Before passing" from this historical review of the 
 establishment of u'overnment in the Xorth-West Terri- 
 tories, it is necessary to notice here the fact that it was 
 found ex]>edient to ol)tain certain leiiislation in 1S71 from 
 the Imperial Tarliament in order to ri'move doubts that 
 Wt're raised in the session of ISd!), as to th»> power of 
 the Canadian leiiislature to jiass the Manitoba Act, 
 especially the ]>rovisions liivinff r(>presentatioii to the 
 province in tln^ Senate and House of Commons. It 
 appears that the address passed in the iirst session of the 
 Parliament of Canada contained no provisions with 
 respect to the future government of the country, whilst 
 the general purview of the IJritish North America Act, 
 18(57, as respeets representation in the Senate and House 
 of Commons, seems to be confined to the three provinces 
 of Canada, Nova Scotia and New lirunswick, originally- 
 forming the dominion. Whilst the admission of New- 
 foundland and Prince Edward Island is ]novided for, no 
 reference is made to the future repn^ss^ntation of Iiupert's 
 Land, and the North-AVest Territory, or British Columbia. 
 
 ^ No suoh onlers aiijxnir in tlio statutes of Canada. 
 
 - Can. Hans. (lS7(i) 8i>, remarks of ^Fr. ^Mackenzie, then premier, in 
 introducing bill. 
 
 '40 Viet., c. (), defined new boundaries of the province of ^lanitoba 
 and Keewatin. By 44 Vict. c. 14, the boundaries of the province of 
 ^lanitoba were extended. For debates as to boundary question, see Sen. 
 Hans. (lS80-lUiO() rt h'q., Com. Ilan^;. (1S80-1) 2 vol. p. 1443 ct mj. In 
 accordance with a resolution pi.s.sed in the session of 1882 four divisions 
 were marked out in the North- West Territory, for postal and other pur- 
 poses, viz : Alberta, Athabast-a, Assiniboia, and Saskatchewan. Com. J, 
 (1882) 509. Canada Gazette. Dec. 1882. 
 
(HicAsr/.ATKtx or Tin: soinii-wi'.sr. 75 
 
 Uiul«'r these finuinstaiices ;iii act was passed throiiiih 
 the Imperiiil railiaineiit sul»slaiitially in aecordanee with 
 a report sii])iuit ted hy the Canadian niinistiT of justice 
 to the privy eouneil, and transmitted to the secretary ol" 
 state lor the colonies by tlu' liovernor-neneral. 'I'liis act 
 li'ives tlie Parliament oi' Canada power to estahlish new 
 provinces in any t«'rritories of the dominion ofCanada, not 
 already includt'd in any ])rovin<'e, and to provide lor 
 the constitution and administration ol" such provinces. 
 Authority is also given to the Canadian Parliament to 
 altor the limits of such provinces with the consent ol" 
 their IcLiislatures. Th<' previous leo-islation of IHJi!) and 
 ISTO respectinii" the i)rovince of JVIanitoha and the North- 
 West, was sanctioned formally in the act.' 
 
 It is expressly i)rovi<hHl in the liritish North America 
 Act that tlie local legislature may amend from time to 
 time the constitution ol* a province, exco])t as regards tlie 
 ofhco of lieutenant-u'overnor', and the provin<*es of l]rit- 
 ish (\)lumbia and Manitoba have already availed them- 
 st'lves of the power thus conf\n*red by abolishing the 
 legislative council.' The provisions in the act relating 
 to the speaker, quorum, mode of voting, a])propria- 
 tion aiul tax bills, money votes, assent to bills, 
 disallowance of acts and signification of pleasure on 
 reserved bills — that is to say, the provisions alfecting 
 the parliament of Canada, extend to the legislatures of 
 the several provinces. In accordance with these pro- 
 visions any bill iiassed by a legislature of a province ma}'- 
 
 ' Imp. Stat. ?A ami 35 Vict., c. 2S; sco Can. Stat, for 1S72, p. lii. For 
 history of this ((uestion, Sess. P. 1871, No. 20 ; Com. Jour. (1S71), 13r,. 145, 
 201. Tho Imp. Act 31 and 32 Vict. c. 02 enabled tho le.-.'isiaturc. of 
 New Zealand to withdraw jiart of a territory from a province and form 
 it into a county. 
 
 - Sec. 02, sub-s;ec. 1., and as respects provinces comin<^ in after 18()7, 
 see Can. Stat. 1870, c. 3, s. 2, 10 ; 1872 p. Ixxxviii, s. 10 and 14 ; 1873, pp. 
 xii-xiii, cScc. 
 
 ^ See fiUpra p. 72, (British Columbia,) ; p. 71, (Manitoba) ; also p. 66, n. 
 as to duration of Quebec legislature extended to five years. 
 
76 PARLIAMEyTARY IXSTITi'TIONS IX CAXADA. 
 
 now be disallowed by the dominion government within 
 one year after its passaii*e.' The lieutenant-aovernor may 
 also reserve any bill for the '' si gni he at ion of the ph'asure 
 of his Exeellency the Governor-G-eneral." and it cannot go 
 into operation unless official intimation is received, within 
 one year, of its having been approved." 
 
 EX. Disallowance of Provincial Acts.— The same powers of 
 disallowance that ])elonged to the imptnial government 
 previously to 1807, with respect to a( ts passed by colonial 
 leg-islaturcs. have been conferred bv the British Xorth 
 
 CD • 
 
 America Act on the o-overnment of the dominion. It is 
 now admitted beyond dispute that the power of confirm- 
 ing or disallowing provincial acts has been vested by law 
 a])solutclv and exclusively in the a'overnor general in 
 council. ' In the first years of the confederation it became, 
 therefore, necessary to settle the cours ' to 1);' pursued in 
 consequence of the large responsibilities devolved on the 
 gtMieral government. As it was considered of importance 
 '• that the course of local legislation should l)e interfered 
 witli as little as possible, and the power of disallowance 
 exercised with liTcat caution, and only in cases where the 
 law and gt^ieral interests of the domiiiion imj^eratively 
 demanded it,'' the minister of justice in 1808 laid down 
 certain principles of procedure, which have been generally 
 followed up to the present time. On the re(eii)t of the 
 acts passed in any province, the}' are immediately referred 
 to the mini.iter of justice. He thereupon reports those 
 
 1 Sec. 87, 90. Als(> Manitoba Act, 33 Vit-t. c. 3. .s 2, 21 ; British Colum- 
 bia, 1872, p. Ixxxviii, s 10 ; P. E. Island p. xxii. 
 
 - Seocliapter respecting bills. 
 
 •' Can. Ses>.. P., 1 •>77, No. ^9, pj). 407, -432-34. In the Commons' pajters 
 will be found the ar<ruments advanced by Mr. Blake, Avhen minister of 
 justice, to show that the Canadian ministry must b directly and exclu- 
 :siveh\responsible to the dominion parliament fo t; a action taken by 
 the governorjin any and every such case, and that a governor who thinks 
 it necessary that a provincial act should bo disallowed, m^ ' tind minis- 
 ters- who will take the responsibility of advising its di- '! ranee, lb. 
 (187(3) Xo. 110, pp. 7\\ 83. lb. (1877) No. 8i), pp. 449-158. 
 
DTSALLOWAXCJ-: OF PROVIXCTAL ACTS. 7^ 
 
 acts Avliirh he considers friM^ from objoctioii of any kind, 
 and if his r»»port is approved by the £iovernor in council, . 
 such approval is forthwith (^ommnnicated to the provincial 
 o'overnnient. He also makes separate reports on those 
 acts which he may consider: — 
 
 1. As heinu' altoa'ether illea'al or unconstitutional. 
 
 2. As illen-al or unconstitutional in part. 
 
 3. As. in cases of concurrent jurisdiction, clashing with 
 the leirislation of the general parliament. 
 
 4. As affectinii' the interests of the dominion irenerally. 
 It has also been the practice, in the case of measures 
 
 only partially defective, not to disallow the ac-t in the 
 first instance ; but, if the general interests permit such a 
 course, to give the local government an opportunity of 
 considering the objections to such legislation and of 
 remedying the defects therein.^ 
 
 Perhaps no power conferred upon the general govern- 
 ment is regarded w4th greater jealousy and restlessness 
 than this power of disallowing provincial enactments. 
 So far, this power has been exercised in very few" cases out 
 of the large number of acts passed since confederation by 
 the legislatures of the provinces. Over 6,000 acts have been 
 passed from 1867 to 1882, inclusive, but only 31 altogether 
 have been disallowed.- This fact goes to show that the 
 power has been exercised, on the whole, with caution and 
 deliberation. A review, however, of the very voluminous 
 
 ' Report of Sir .J. A. INIacJonakl, Can. Sees. P., 1870, No. oo, pp. G-7. 
 
 - Ontario, 5 ; Quebec, 2 ; Nova Scotia, 5 , Manitoba, 7 ; British Colum- 
 bia, 12. Can. Sess. P., 1SS2, No. 141, pp. 29-30. The following table 
 shows the total number of acts passed by all the provinces of the ^domi- 
 nion during the period named above : — 
 
 Ontario 1358 
 
 Quebec 1105 
 
 Nova Scotia 1414 
 
 New Brunswick 1302 
 
 P. E. Island (since 1873) 313 
 
 Manitoba ( " 1870) 477 
 
 B.Columbia( " 1871j 324 
 
 Total number of acts 6293 
 
78 I'ARLLIMEXTARY IXsriTUTIOXS IX CAXADA. 
 
 papers relating' to this question proves that, whilst but 
 few acts have been disallowed, the legislation has been 
 considered partially objectionable in many cases by the 
 law oihcers of the dominion; but, in such cases generally, 
 every opportunity has been given to the local govern- 
 ments to remove the objections pointed out by the 
 minister of justice.' 
 
 Considerable discussion has arisen, however, in and out 
 of parliament with respect to two cases of disallowance, 
 viz. : " An Act for protecting the public interests in rivers 
 and streams'' ((/ntario tStat., 1881), and An Act tc incor- 
 porate the AVinnipeg- South-Eastern Kailway Company," 
 (Manitoba Stat., 1881). It appears that one McLaren, a 
 lumberman, constructed certain works on non-Uoatable 
 streams, of which he claimed to be seized in fee-simple, for 
 the purpose of carrying his logs to their destination. One 
 Caldwell, carrying on the same business higher up than the 
 former, claimed the right to use these streams under the 
 lirst section of chapter 115, 11. S. , as follows : "All per- 
 sons may, during the spring, summer and autumn freshets. 
 float saw-logs, and other lumb(^r, rafts and crait down all 
 streams." McLaren obtained an injunction from the 
 court of chancery, restraining Caldwell from making use 
 of the improvements in question, on the ground that the 
 words " all streams " only referred to those floatable in a 
 state of nature, and that the streams in question were not 
 navigable for saw-logs or other lumber ^\ ithout artificial 
 improvements.- Subsequently, in 1881, the legislature 
 of Ontario passed an act re-enacting the section cited 
 above, and at the same time declaring that its provisions 
 
 ' Can. Sess. P., 1882, No. 141, pp. L'-29. 
 
 - The supreme court of [Canada, in Xovomber, 1882, affirmed the decree 
 of the court of chancery, and 'revei-sed the decision of the court of 
 api)eal of Ontario to the eifect that the E. S. O., c 115, s. 1, re-enactin<: 
 C. S. U. C., c. 48, s. 15, made all streams, whether artificially or naturally 
 floatable, public Avaterways«. An appeal has been allowed to the privy 
 council. Can. Law Times, 1882, pp. 90-91. lb., 1883, p. 340. 
 
DISALLOWAXCE OF rJlOVIXCIAL ACTS. 70 
 
 sh'dW extend to all streams and all constructions and 
 improvements thereon ; and that all persons might make 
 use of such improvements on paying- a reasonable toll 
 (to be fixed by the lieutenant-governor in council) to 
 the person who has made these improvements on the 
 streams. An appeal was made to the governor-general 
 in council to disallow the act on the ground that it was 
 unconstitutional, inasmuch as it deprived the petitioner 
 of extensiA'e and important private rights without provid- 
 ing adequate compensation, and as it embodied ex post 
 facto legislation, c-ontrary to all sound principles that 
 should govern in such cases. The minister of justice 
 advised, and the privy council concurred in the advice, 
 that the act be disallowed for these reasons principally : 
 " That the act seems to take away the use of the owner's 
 property and give it to another, forcing the owner practi- 
 cally to become atoll-keeper against his will, it he vrished 
 to get any compensation for being thus deprived of his 
 rights. That the power of the local legislatures to take 
 away the rights of one man and vest them in another, as 
 is done in the act, is exceedingly doubtful ; that, assum- 
 ing such a right does in strictness exist, it devolves upon 
 the dominion government to see that such i)ower is not 
 exercised in iiagrant violation of private rights and natural 
 justice, especially when, as in this case, in addition to 
 interfering with private rights in the way alluded to, the 
 act over-rides a decision of a court of competent jurisdic- 
 tion by declaring retrospectively that the law always was, 
 and is, different from that laid down by the court." To 
 this decision strong objection was taken by the govern- 
 ment of Ontario, in an elaborate state-paper, in which 
 it is emphatically urged that the governor-general in 
 council should not assume to review any of the provisions 
 of an act passed by the provincial legislature on a subject 
 within its competency under the British North America 
 act.' The legislature of Ontario subsequently re-enacted 
 
 ' Can. Sess. P., 1SS2, No. 14!)a. Haus., pp. 87()-!)2l). 
 
80 I'ATiLTAMKXTAHV fXsTrriTfOXS IX CAXADA. 
 
 the art, ol' ISSl, wliicli Avns iiLi'aiii disallowed l)y tlio 
 goviTiinu'iil ol'tho doiniiiion. 
 
 The act (>r tlir Manitoba Iciiislatun', incorporatiiiii' the 
 AViimipi'U" Soulli-l'y.isteni Railway Com]>any, was disal- 
 lowed because it «-oiilli»-ted with '" the settled policy of the 
 doniiiiioii. as evidenced by a claust^ in the contract with 
 the Canadian I'acilic Itailway," which was ratiiied by 
 Pavliann'iit in the session of bSSO-S I ; which clause is to 
 the ellect that " ibr twtnity yt'ars IVom the date hereof uo 
 line ot" railway shall be authorizi'd by the dominion 
 parliament to be constru -ted south of the Canadian Pacilic 
 Railway, except such line as shall run south-west or the 
 westward of south-west, nor to within liiti'en miles of 
 latitudi' 49.'" The government of Manitoba contended at 
 the time that the act was " strictly within the jurisdic- 
 tion of the legislature of the province."' 
 
 These two cases are cited at some length as showing 
 the large power assumed by the dominion government 
 under the law giving them the right of disallowing 
 provincial enactments. The best authorities concur in the 
 wisdom of interfering Avith provincial legislation only in 
 cases where there is a clear invasion of dominion juris- 
 diction, or where the vital interests of Canada as a whole 
 imperatively call for suidi interference. The powers and. 
 responsibilities of the g^'ueral government in this matter 
 hii ve been vvell set f( ith by a judicial authority : " There is 
 no doubt of the p- ?rogative right of the Crown to veto 
 any ]3i'ovin(4al act, and to apply it even to a law over 
 which the provincial legislature has complete jurisdic- 
 tion. But it is precisely ou account of its extraordinary 
 and exceptional character that the exercise of this prerog- 
 
 ' Can. Sess. P., 18S2, No. 1(50. Tlie government of Canada has also 
 disallowed the acts of Manitoba to incorporate the Manitoba Tramway 
 Co., to incorporate the Emerson and North- Western RR. Co., and to 
 encourage the building of railways in Manitoba, on the ground also, that 
 they were "in conflict with the settled policy of the dominion govern- 
 ment in regard to the direction and limits of railway construction in the 
 territories of the dominion." 
 
distuuhtkix of ij-xiislativk rowans. 81 
 
 iitivt' Avill nlwjjys Ix' a dclicjitc matt«'r. It will always be 
 very dilliruit lor the iWlcral irovcnnnciit to siihstitulc its 
 opinion instead of that oi' the leiiishitive asscnihlies, in 
 reiiard to matters within th«'ir jurisdi<tion, without expos- 
 ing' itself to he reproached with threat enin«i" the ind<'- 
 jHMidenee of the provinces. " The injurious eonst-qui'Uees 
 that may result in ease a ])rovinee re-enacts a law, are^ 
 manifest : "probably gravt^ eom]>lications would follow," 
 And in any case, "under our system of government, the 
 disallowing' of statutes passed by a local lei»'islatur(^ after 
 dui' deliberation, assertinii,' a right to exercise powers 
 which thi'y claim to possess under the liritish North 
 America Ac't, will always be considered a harsh exer('is<' 
 of authority, unless in cases of great and manifest neces- 
 sity, or where the act is so clearly beyond the powers of 
 the local legislature that the propriety of interfering 
 would at once be recognized." ' 
 
 X. Distribution of Legislative Powers. — lu the distribution of 
 the legislative powers entrusted to the general parlia- 
 ment and the local legislatures respectively, the constitu- 
 tion makes such an enumeration as seems well adapted 
 to secure the unity and stability of the dominion and at 
 the same time giA^e every necessary freedom to the several 
 provinces in the management of their local and muni- 
 cipal affairs. In arranging this part of the constitution, 
 its framers had before them the experience of eighty years' 
 working of the federal system of the United States, and 
 were able to judge in what essential and fundamental 
 respects, that system appeared to be defective.^ The 
 doctrine of state sovereignty had been pressed to extreme 
 lengths in the United States, and had formed one of the 
 
 ' Can. Sup. Court R., vol. 2, Richards, C. J., p. Of) ; Fournier, J., p. l.';i 
 
 Sir J. A. Macdonald : Conf. Deb., 1865, p. 32 : "I am strongly of 
 
 opinion that we have in a great measure avoided in this system whicii 
 
 we propose for the adoption of the people of Canada, the defects whicli 
 
 time and events have shown to exist in the American constitution, &c." 
 
 6 
 
82 PAHLIAMJJXTAIiy IXSTITUTIOXS IX CAXADA. 
 
 most powerful iirL^'uments of the advocates of secessiou. 
 This doctrine had its origiu in the fact that all powers, 
 not expressly conferred upon the general government, 
 are reserved in the constitution to the states." Now 
 in the federal constitution of Canada, the very reverse 
 principle obtains wnth the avowed object of streng- 
 thening the basis of the confederation, and preventing 
 conllict as far as practicable between the provinces 
 that compose the unioii.' This constitution emanates 
 from the sovereign authority of the Imi)erial Parliament 
 which has acted in accordance with the wishes of the 
 people of the several provinces as expressed through the 
 constitutional medium of their respective legislatures. 
 This imperial charter, the emanation of the combined 
 wisdom of the Imperial Parliament and the subordinate 
 legislatures of the several provinces aftected, confers upon 
 the general government the exi^lusive legislative 
 authority over all matters respecting the public debt, 
 regulation of trade and commerce, postal service, naviga- 
 tion and shipping, Indians, census and statistics, and all 
 other matters of national import and significance."^ On 
 the other hand the local legislatures may exclusively 
 make laws in relation to municipal institutions, manage- 
 ment and sale of public lands belonging to the province, 
 incorporation of companies w^ith provincial objects, 
 property and civil rights in the province, and 
 
 ^ The lOtl) art. of the Am. Cons- reads : " The powers not delegated to 
 the United States by the C!onstitution, nor prohibited by it to the State-s, 
 are reserved to the States respectively, or to the people." This art. did 
 not appear in the first Constitution of 1787, but was agreed to with other 
 amendments by the first Congress in 1789, and subsequently ratified by 
 the States. See Smith's Cons., Manual and D'gest 4th ed., published by 
 order of Congress, 1877. 
 
 - Sir J. A. Macdonald : Conf. Deb., 1865, p. 33 : " We have thu^ 
 avoided that great source of weakness which has been the cause of the 
 disruption of the United States. We have avoided all conflict of juris- 
 diction and authority,'' etc. 
 
 ^ B. Is. A. Act, 1867, s. 91. See appendix to the work. 
 
DISTRTB UTIOX OF LFMISLA TIVE PO WERS. 83 
 
 ^' generally all matters of a merely local or private uature 
 in the province.'" The provincial legislatures have also 
 ex<?lusive powers of legislation in educational matters, 
 subject only to the right of the dominion Parliament to 
 make remedial laws under certain circumstances .■ The 
 object of this provision is to secure, as far as practicable 
 by statute, to a religious minority of a province the same 
 rights, privileges and prote<tion which it may have 
 enjoyed at the time of the union.' The local legislatures 
 may, however, legislate as to separate schools, provided 
 that the legislation be not such as prejudicially aftects 
 the rights or privileges theretofore possessed by such 
 schools, and they may pass laws interfering with unim- 
 portant matters such as the election of trustees, or the every 
 day detail of the working of such schools, as settled by 
 statute prior to confederation.* The general parliament 
 and local legislatures have also concurrent powers of 
 legislation respecting agriculture and immigration, pro- 
 vided the provincial law is not repugnant to any act of 
 the Parliament of Ct nada."' The powers of the provincial 
 governments are distinctly specified in the Act of Union, 
 whereas those of the general government cover the 
 whole ground of legislation not so expressly reserved to 
 the provincial authorities.** The dominion government 
 
 1 Sec. 92. 
 
 2 Sec. 03. 
 
 ^ See New Brunswick School Law Controversy, Todd, Pari. Gov. in 
 the Colonies, pp. o46-352. Can. Sess. P- 1877, No. 89. A reference to the 
 correspondence on this vexed question clearly shows that both the 
 imperial and dominion authorities concurred in the view that it is not 
 proper for the federal autliority to attempt to interfere with the details or 
 accessories of a measure of the lOcal lej/islaturc, the principles and 
 objects of which are entirely within its competency. 
 
 * Board of School Trustees rs. Granger c^ aZ., 25 Grant, Ch. 570. 
 s Sec. 95. 
 
 * " The government of the United States Is one of enumerated powers, 
 and the governments of the States possess all the general powers of legis- 
 lation. Here (in Canada) we have the exact opposite. The powers of the 
 provincial governments are enumerated, and the dominion government 
 
84 I'MnjAMF.yTARY ixsTirrnoss ix casada. 
 
 is nuthorizt'd in cxpross terms "to make laws for th(^ 
 peace, order, and li'ood covernnient of Canada in relation 
 to all matters not eominu' within the classes of snbjeets 
 by this act assii»ned rx<lusively to the leoislatures of 
 the provinces" ; ' and in addition to this sjiecific provi- 
 sion it is enaeted that " any matter coming within any of 
 the classes of snbjeets enumerated in this section (that 
 is, the !>lst respecting the powers of the general parlia- 
 ment) shall not be deemed to come within the class of 
 matters of a local or private nature comprised in the 
 enumeration of the classes of subjects assigned exclu- 
 sively to the legislatures of the provinces." 
 
 It must necessarily happen that, from time to time, in 
 the operation of a written constitution like that of Canada, 
 doubts will arise as to the jurisdiction of the general 
 government and local legislatures over such matters as 
 are not very clearly defined in the sections enumeratin"* 
 the powers of the respective legislative authorities. No 
 grave difficulty should arise in arriving sooner or later, as 
 a rule, at a satisfactory solution by means of the decisions 
 of the judicial committee of the privy council, and of the 
 higher courts of the dominion. An act establishing a 
 supreme court for Canada was passed in the session of 
 1875, in accordance with the 101st section of the British 
 North America Act, 1867, which provides " for the consti- 
 tution, maintenance and organization of a general court of 
 appeal for Canada."" This court has an appellate juris- 
 diction in cases of controverted elections, and may examine 
 and report upon any private bill or petition for the same. 
 The governor in council may refer any matter to this 
 
 possesses the general powers of legislation." Eitchie, C. J., Can. Sup. 
 Court K., 13 April, 1880, vol. III., p. 536. 
 
 ^ See infra, p. 94. Judgment of privy council re " Canada Temperance 
 Act," showing tlie large powers given to the dominion government by 
 this provision of the B. N. A. Act, 1S67. 
 
 - 38 Vict.,c. 11. Lord Durham, in his report (p. 123), recommended the 
 establishnieLt of a "Supreme Court of Appeal for all the North American 
 coloniee." 
 
DECISIONS ON QUESTIONS OF JCKISDICTION. 85 
 
 court for an opinion. It shall also havt' jurisdiction in 
 cases of controversies between the dominion and the 
 provinces, and between th«' ])rovinees themselves, on 
 condition that the legislature of a province shall pass an 
 act agreeing" to suchjurisdiction.^ 
 
 Many important cases of doubt as to the construction 
 to be placed on the 91st and l)2nd sections of the British 
 North America Act, 1867, have already been referred to 
 the privy council and to the supreme court of the 
 dominion. Already in Canada, as in the United States, a 
 large amount of constitutional learning and research is 
 being brought every year to the consideration of the per- 
 plexing questions that must unavoidably arise in the 
 interpretation of a written constitution. It will be 
 probably useful to cite some of the more important 
 decisions given by the high tribunals just mentioned, 
 with the view of showing the conclusions they have 
 formed with respect to the legislative powers of the 
 dominion Parliament. 
 
 XI. Decisions of the Privy Council of England and of the 
 Supreme Court of Canada on Questions of Legislative Jurisdiction.— 
 In 1874, the dominion Parliament passed an act imposing 
 on the judges of the suptn-ior courts of the provinces the duty 
 of trying controverted elections of members of the House of 
 Commons.- The question was raised in the courts, whether 
 the act contravenes that particular provision of the !»:ind 
 section of the B. N. A. Act, which exclusively assigns to 
 the provincial legislatures the power of legislating for the 
 administration of justice in the provinces, including the 
 constitution, maintenance and organization of provincial 
 courts of civil and criminal jurisdiction, and including 
 procedure in civil (not in criminal) matters in those 
 courts. The question came at last before the supreme 
 
 ^ Sec. 52, 53, 54. The legislature of Ontario in 1877 })assed 40 Vict., c. 
 o, authorizing such references. 
 
 ^ " The Dominion Controverted Elections Act, 1874 " ; 37 Vict. c. 10. 
 
86 PA liLIA MKyTA R Y IXSTITUriOXS JN CAXADA. 
 
 court of ('aiiada, which, roiistituted as a full court of 
 four judi^es, unanimously h(»ld : 
 
 That whether the act established a dominion court or 
 not, the dominion Parliament had a perfect right to give 
 to the superior courts' of the respective provinces, and 
 the judges th(?reof the power, and impose upon them the 
 duty, of trying controverted elections of members of 
 the House of Commons, and did not, in utilizing existing 
 judicial officers and established courts to discharge the 
 duties assigned to them by that act, in any particular 
 invade the riiihts of the local legislatures. That upon 
 the abandonment by the House of Commons of the 
 jurisdiction exercised over controverted elections, with- 
 out express legislation thereon, the power of dealing 
 therewith would fall, ipso facto, within the jurisdiction 
 of the superior courts of the provinces by virtue of the 
 inherent original jurisdiction of such courts over ciA'il 
 rights. That the dominion Parliament has the right to 
 interfere with civil rights, when necessary I'or the pur- 
 pose of legislating generally and elfectually in relation 
 to matters confided to the Parliament of Canada. That 
 the exclusive power of legislation given to provincial 
 legislatures by sub-s. 14 of s. 92 B. N. A Act over pro- 
 cedure in civil matters, means procedure in civil matters 
 within the powers of the provincial legislatures.^ 
 
 Application was made to the privy council for leave 
 to appeal from the foregoing judgment of the supreme 
 court. Their lordships, in refusing such leave, expressed 
 these opinions : 
 
 That there is no doubt about the power of the dominion 
 Parliament to impose new duties upon the existing pro- 
 
 * Can. Sup. Court R., vol. iii. Valiu vs. Langlois. This casse came before 
 the court ou apiKjal from the judgment of Chief Justice Meredith, of tlie 
 sujterior court of Quebec, declaring the act to be within the competency 
 of tlie dominion Parliament, 5 Q. L. R., No. 1. The Ontario coiirt of com- 
 mon pleas in 1S78 unanimously agreed that the act was binding on them. 
 Ont. Com. P. R. vol. xxix., p. 261. But certain judges of Quebec held 
 adverse opinions. Quebec L. R,, vol. v., p. 191. 
 
DECISIONS OS QUESTioys OF . I nusnicnus. 87 
 
 vincial courts, or to u'ive them new powers as to matters 
 which do not come within the classes of subjects assigned 
 exclusively to the leiiislatures of the provinces. That 
 the result of the whole argument offered to their lordships 
 had been to leave them under the impression that there 
 was here no substantial question requiring to be deter- 
 mined, and that it would be much more likely to un- 
 settle the minds of her Majesty's subjects in the dominion, 
 and to disturb in an inconvenient manner the legislative 
 and other proceedings there, if they were to grant the 
 prayer of the petition and so throw a doubt on the validity 
 of the decision of the court of appeal below, than if they 
 were to advise her Majesty to refuse it.' 
 
 In 1876, the legislature of Ontario passed an act " inti- 
 tuled " An act to secure uniform conditions in policies of 
 fire insurance." This statute was impeached on the 
 ground mainly that the legislature of Ontario had no 
 power to deal with the general law of insurance ; that 
 the power to pass such enactments was within the legis- 
 lative authority of the dominion Parliament, under s. 91, 
 sub.-s. 2, B. N. A. Act, " regulation of trade and com- 
 merce." The question having come before the supreme 
 court of Canada, it held that the act in question Avas 
 within the competency of the Ontario legislature and is 
 applicable to insurance companies, whether foreign ur 
 incorporated by the dominion.^ 
 
 The question (^ame finally before the privy council on 
 appeal from the supreme court of Canada, and their lord- 
 ships decided : 
 
 That construini? the words "regulation of trade and 
 
 ^ 5 App. Cas.,115. 
 
 2 39 Vict., c. 24 ; Ont. Rev. Stat., c. 162. 
 
 ' Can. Sup. Court R., vol. iv., 215-349. The Citizens and the Queen Ins. 
 Cos. V. Parsons, Western Insurance Co. v. Johnston. This judgment of 
 the Supreme Court affirmed the judgments of the Court of Appeal for 
 Ontario (4 App. Rep., Ont., 96, 103), which had affirmed the judgments of 
 the Queen's Bench; 43 U. C, Q B. 261, 271. 
 
"88 PA RLIA MKXTAR Y INSTITUTIONS IN CANADA. 
 
 commorce " by the various aids to their interpretation, they 
 would include political arrangements in rci^ard to trade 
 requiring" the sanction of Parliament, regulation oi" trade 
 in matters oi' inter-pro A'incial concern, and it may be that 
 they would include general regulation of trade affecting- 
 the whole dominion. Their lordships, however, abstained 
 from any attempt to define the limits of the authority of 
 the dominion Parliament in this direction. It was sufficient 
 for the decision of the case under review to say that, in 
 their view, its authority to legislate for the regulation of 
 trade and commerce does not comprehend the power to 
 regulate ])y legislation the contracts of a particular business 
 or trade, such as the business of fire insurance, in a single 
 province, and therefore that its h'uislative authoritv did 
 not in the present case conflict or compete with the power 
 •over jiroperty and civil rights assio-ned to the legislature 
 of Ontario by sub-s. 13 of s. 92. That the act in question, 
 so far as relates to insurance on property within the 
 2:)rovince, may bind all lire insurani^e companies, whether 
 incorporated by imperial, dominion, provincial, colonial, 
 'Or foreign authority. That the act of the dominion 
 Parliament,' requiring insurance companies to obtain 
 licenses from the minister of finance as a condition to 
 their carrying on business in the dominion, is a general 
 law applicable to foreign and domestic corporations, and 
 iu no way interferes with the authorit}^ of the Ontario 
 legislature to leo'islate in relation to the contracts which 
 corporations may enter into in that province." 
 
 In pursuance of authority given by the imperial act 
 (16 Yict., c. 21) the province of Canada passed an act (18 
 Yict, c. 82), in consequence of which, in 1855, an arrange- 
 ment was made with the government for the creation of a 
 
 1 38 Yict., c. 20. 
 
 ^ 45 L. T. N. S. 721 ; Cartwriglit, 265. The Citizens and Que^n Insur- 
 ance Cos. r. Parsons. See chap, on private bills, where dominion legis- 
 lation on insurance is reviewed at considerable length. 
 
DEClSlOyS ox QUE'^^TIUXS OF JlTdSDICriOX. 89 
 
 temporalitu'.s' fund oi" the Pn'sl)ytcriaii church of Canada 
 in connection ^vith the Church of Scotland ;' and an act of 
 incorporation for the manauvment thereof Avas o])tained 
 (22 Vict., c. 0(3) of the province of Canada. In 1874, it was 
 decided to unite the said churvh with three other 
 churches. Subsequently in the provinces of Ontario and 
 Quebec, the legislatures passed two acts (38 Vict., c. 75, 
 Out. Stat., and 38 Vict., c. 02, Quebec Stat.), to give elfect 
 to this union. At the same time the Quebec legislature 
 passed an act (38 Yict., c. 04), to amend the act of the late 
 province of Canada (22 Yict., c. 00), wath a view to the 
 union of the four churches, and to provide for the admin- 
 istration of the temporalities' fund. The union was 
 subsequently carried out in accordance with the views of 
 the large majority of the church in questioii ; l)ut a small 
 minority protested against the union, and test(^d the validity 
 of the Quebec Act, 38 Vict., c. 04. The matter was finally 
 carried up to the privy council, which decided : That the 
 act (22 Vict., c. 00) of the province of Canada, which 
 created a corporation having its corporate existt^ice and 
 rights in the provinces of Ontario and Quebec, afterwards 
 created by the B. N. A. Act, could not, after the coming into 
 force of that Act, be repealed or modihed by the legisla- 
 ture of either of these provinces, or by thi> conjoint 
 operation of both provincial legislatures, but only by the 
 Parliament of the dominion. That the Quebec act of 
 1875 (38 Vict., c. 04), which assumed to r^^peal and amend 
 the act of the late province of Canada, was invalid, inas- 
 much as its professed object and the elfect of its provisions 
 was to destroy, in the first place, a corporation which had 
 been created by the legislature of Canada before the union 
 of 1807, and to substitute a new corporation ; and, in the 
 second place, to alter materially the class of persons inter- 
 ested in the corporate funds, and not merely to impose 
 
 ^ This church was entitled to share in the proceeds of the clergy reserves 
 funds by virtue of certain imperial statutes. See supra, p. 32. 
 
90 PAIiLIA.]n:yTARY JX.STm'TIOXS IX caxada. 
 
 conditions upon tho transaction of business by the corpor- 
 ation within the province.' 
 
 The result of this judgment was the passage of an act 
 by the rarliament of Canada in 1882, to amend the act of 
 the hite province of Canada (22 Yict., c. 66,) with respect 
 to the " management of the temporalities' fund of the 
 Presbyterian Church of Canada, in connection with the 
 Church of Scotland," and the acts amending the same." 
 
 In 18*74, the legislature of Ontario passed an act inti- 
 tuled " an act to amend and consolidate the law for the sale 
 of fermented or spirituous liquors."' The provisions of 
 this act required that no person should " sell by wholesale 
 or retail any spirituous, fermented, or other manufactured 
 liquors within the province of Ontario, without having 
 first obtained a license under this act, authorising him to 
 do so." The question was brought before the courts 
 whether the legislature of Ontario had the power to pass 
 the statute, under which certain penalties w^ere to be re- 
 covered, or to require brew^ers to take out any licence what- 
 ever for selling fermented or malt liquors by wholesale. 
 The matter came finally, on appeal, before the supreme 
 court of Canada, which decided substantially as follows : 
 
 That it is not wdthin the competency of a provincial 
 legislature to require brewers to take out a license for the 
 sale of fermented or malt liquors by wholesale ; that the 
 power to tax and regulate the trade of a brewer, being a 
 matter of excise, the raising of money by " taxation," as 
 well as for the restraint and " regulation of trade and com- 
 merce," is comprised within the class of subjects reserved 
 by the ninety-first section of the British North America 
 Act, to the exclusive legislative authority of the Parlia- 
 
 ^ 7 App. Cas., 136; Cartwright, ool ; ])obie r. the Temporalities Board. 
 Appeal on special leave from a judgment of the court of Queen's Bench 
 (3 L. X.,244), afhrming a judgment of the Superior Court of the district of 
 Montreal (3 L. N., 244) ; Doutre, 247-265. 
 
 ^ 45 Vict., c. 124. Also, c. 123 and 125. 
 
 =* 37 Vict., c. 32 ; Ont. Rev. Stat., c. 181, s. 39, 40, 41. 
 
DECISIONS OX QUESTIOXS OF JURISDICTION. 01 
 
 meut of the dominion ; and that such a liconso, imposed 
 by a provincial statute, is a restraint and re^'uhition of 
 trade, and not an exercise of municipal or police power. 
 That, under the 02nd section of the imperial act, local 
 legislatures are empowered to deal exclusively with such 
 licenses only as are of a local or municipal description 
 That the taxing power of a provincial legislature is. 
 confined to direct taxation,' in order to raise a provincial 
 revenue ; and to the grant of licenses to shops, saloons, 
 taverns, auctioneers, and " other licenses," for purely muni- 
 cipal and local objects, for the purpose likewise of raising a 
 revenue for provincial, local, or municipal obj*'cts. That 
 at the same time this taxing power of the local govern- 
 ment must not be exercised so as to encroach upon, or to 
 conflict with, the taxation in aid of dominion revenue, 
 which is authorized to be exclusively imposed by the 
 federal Parliament.- - 
 
 By s. 2 of the Fisheries Act of 1868,^ the minister of 
 marine and fisheries " may, where the exclusive right of 
 fishing does not already exist by law, issue, or authorize 
 to be issued, fishery leases and licenses for fisheries and 
 fishing wheresoever situated, or carried on, etc." In 1874, 
 the minister executed a lease of fishery of a certain portion 
 of a river in New Brunswick, which was some forty or fifty 
 miles above the ebb and flow of the tide, though the 
 stream for the greater part of that particular portion is 
 navigable for canoes, small boats and timber. Certain 
 persons in Xew Brunswick, however, claimed the exclu- 
 sive right of fishing in this part of the river, on the ground 
 that they had received conveyances thereof, and prevented 
 the lessee of the dominion government from enjoying the 
 
 ^ So affirmed by the judicial committee of the privy council, Attorney- 
 General of Quebec vs. The Queen Insurance Co., Law Rep., 3 App., Cas. 
 1090. 
 
 - Can. Sup. Court R., vol. ii., 70-142, Severn m. The Queen. On appeal 
 from a judgment of the Court of Queen's Bench for Ontario. 
 3 31 Vict., c. 00. 
 
92 PARLIAMEXTMIY IXSTITL'TIOXS IX CAXADA. 
 
 fishery under his lease. The snprem(^ court of Canada 
 was at hist calh'd upon to decide whethtn" an exclusive 
 right of lishing existed in the parties who had received 
 the conveyances. In other words, the <ourt was practic- 
 ally asked to decide the question : Can the dominion 
 Parliament authorize the minister of marine and iisheries 
 to issue licenses to parties to fish in rivers such as that 
 dc.'scribed, where the lands are ungranted, or where the 
 provincial government has before or after confederation 
 granted lands that are bounded on, or that extend, across 
 such ri\ ers ^ The court decided : That the license granted 
 by the minister of marine and fisheries was void, because 
 th(^ act ill question only authorizes the granting of leases 
 " wher(^ the exclusive riaht of iishing does not alreadv 
 exist bylaw," and in this case the exclusive right belonged 
 to the owners of the land through which that portion of the 
 river flows. That the legislation in regard to '• inland and 
 sea fisheries " contemplated by the B. N. A. Act is not with 
 referen<-e to property and civil rights — that is to say. not 
 as to the ownership of the beds of rivers or of the fisheries, 
 or the rights of individuals therein, but to subjects afiect- 
 ing the fisheries generally, tending to their regulation, 
 protection and preservation, matters of a national and 
 general concern ; in other words, all such general laws as 
 enure as well to the benefit of the owners of the fisheries 
 as to the public at large. That the Parliament of the 
 dominion may properly exercise a general power for the 
 protection and regulation of the fisheries, and may author- 
 ize the granting of licenses, where the property, and 
 therefore the right of fishing thereupon, belong to the 
 dominion, or where such rights do not already exist by 
 law ; but it mav not interfere with existino- exclusive 
 rights of fishing, whether provincial or private. That 
 consequently any lease granted by a dominion minister 
 to fish in fresh-water non-tidal rivers, which are not the 
 property of the dominion, or in which the soil is not in 
 the dominion, is illegal ; that where the exclusive right 
 
DECrsiOXs ox QVESTIOXS OF JVIUSDK TIOX. 98 
 
 to fish has boeu acquivi'd as incichnit to a aTant of huid 
 throucrh which sufh river flows, the Canadian Parliament 
 has no poAver to graur a rig'ht to fish. That the nng-ranted 
 lauds in a provinee being in the Crown for the benefit of 
 the people, the exclusive right to fish follows as an inci- 
 dent, and is in the Crown as trustee for the benefit of the 
 people of the province, and therefore a license by the min- 
 ister of marine and fisheries would be illegal.' 
 
 In 1878, the Parliament of the dominion passed an act 
 cited as the " Canada Temperance Act, 1878." The preamble 
 sets forth "that it is very desirable to promote temperance 
 in the dominion, and that there should be uniform legisla- 
 tion in all the provinces regarding the traffic in intoxicat- 
 ing liquors." The act is divided into three parts, the first 
 of which relates to " proceedings for bringing the second 
 part of this act into force ;" the second to "prohibition of 
 traffic in intoxicating liquors ;" and the third to "penalti(^s 
 and prosecutions for ofFe'ices against the second part.' The 
 effect of the act when brought into force in any county or 
 town within the dominion is, describing it generally, to 
 prohibit the sale of intoxicating liquors, except in whole- 
 sale quantities, or for certain specified purposes, to regulate 
 the traffic in the excepted cases, and to make sales of liquors, 
 in violation of the prohibitions and regulations contained 
 in the act, criminal offences punishable by fine, and for 
 the third or subsequent offence, by imprisonment. The 
 supreme court of New Brunswick in 1879 decided- that the 
 act Mv-ds ultra vires, but the supreme court of Canada subse- 
 quently held that it was within the competency of the 
 Parliament of Canada, and inter alia that under the second 
 
 ^ Can. Sup. Court E., vol. vi., pp. 52-143. The Queen r.«. Eobertson. On 
 appeal from the exchequer court of Canada (GAvynne, J.) which held 
 inter alia that the exclusive right of fishing existed in the persons having 
 the conveyances. The supreme court of New Brunswick had also decided 
 adversely to the exclusive right of the lessee of the dominion government 
 to fish under his lease. 2 Pug. and Bur., 580. 
 
 ' 3 Pug. and Bur., 139. 
 
94 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 sub-seotion of the 91.st se«tioii of the B. N. A. Act, 
 ^' reo-ulation of trade and commerce," rarliament alone has 
 the power of regulating the traffic in intoxicating liquors 
 in the dominion or any part of it.' The whole matter came 
 finally before the privy council who do not dissent from 
 this opinion, but base their d(M-ision on other aTou]ids which 
 render it unnecessary to discuss the question of trade and 
 commerce. Their lordships considered fully the point 
 whether the act falls within any of the three classes of 
 subjects enumerated in section 92 and assigned exclusively 
 to the provincial legislatures, viz : 
 
 9. Shop, saloon, tavern, auctioneer, and other licenses 
 in order to the raising of a revenue for provincial, local or 
 municipal purposes. 
 
 13. Property and civil rights in the province. 
 
 16. G-enerally, all matters of a merely local or jn-ivate 
 nature in the province. 
 
 Their lordships decided that the act does not fall within 
 any of these classes of subjects, for the following reasons : 
 
 The act is not a fiscal law — a law for raising revenue ; 
 on the contrary the effect of it may be to destroy or dim- 
 inish revenue ; and consequently could not have been 
 passed by the provincial legislature by virtue of any au- 
 thority conferred upon it by sub-section 9. And supposing 
 the effect of the act to be prejudicial to the revenue derived 
 by the municii)ality from licenses, it does not follow that 
 the dominion Parliament might not pass it by virtue of its 
 general authority " to make laws for the peace, order and 
 good government of Canada." The act does not properly 
 belong to the class of subjects, " i)roperty and civil rights." 
 It has in its legal aspect an obvious and close similarity to 
 laws which place restrictions on the sale or custody of 
 poisonous drugs, or of dangerously explosive subo!aiices. 
 The primary matter dealt with is the public order and safety. 
 Upon the same considerations the act cannot be regarded 
 as legislation in relation to civil rights. In however large a 
 
 ^ Can. Sup. Court R., vol. iii. pp. 505-574. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 95 
 
 sense these •words are used, it could not have been intended 
 to prevent the Parliament of Canada from declaring and 
 enacting certain uses of property and certain acts in relation 
 to property, to be criminal and w^rongful. Laws desip'ued 
 for the promotion of public order, safety or morals, and 
 which subject those who contravene them to criminal 
 procedure and punishment, belong to the subject of public 
 wrongs rather than to that of civil rights. They are of a 
 nature which fall within the general authority of Parlia- 
 liament, to make laws for the order and good government 
 of Canada, and have direct relation to criminal law, which 
 is one of the enumerated classes of subjects assigned exclu- 
 sively to the Parliament of Canada. Few, if any, laws could 
 be made by Parliament for the peace, order and good gov 
 ernment of Canada which did not in some incidental way 
 affect property and civil rights ; and it would not have been 
 intended, when assuring to the provinces exclusive legisla- 
 tive authority on the subject of property and civil rights, 
 to exclude the Parliament from the exercise of this o'eneral 
 power whenever any such incidental interference would 
 result from it. Their lordships cannot concur in the view 
 that the act " which in effect authorizes the inhabitants 
 of each town or parish to regulate the sale of liquor, and 
 to direct for whom, for what purposes and under what 
 conditions spirituous liquors may be sold therein, deals 
 with matters of a merely local nature."^ On the contrary, 
 the declared object of Parliament in passing the act is that 
 there should be uniform legislation in all the provinces 
 respecting the traffic in intoxicating liquors, with a view 
 to promote temperance in the dominion. The act as soon 
 as it was passed became a law for the whole dominion, and 
 the enactments of the first part relating to the machinery 
 for bringing the second part into force, took effect and might 
 be put into motion at once and everywhere within it. The 
 conditional application of certain parts of the act does not 
 
 1 Allen. C. J., 3 Pug. and Bur., 139. 
 
00 PARfJAMKyrARV TX'^TrTrTIOXS f\ CAXAIU. 
 
 <onvort tho act itst'll' into Iciiislation aHtM'tinii" a purely 
 local matter. TIk^ legislation in question is rlearly meant 
 to apply a remedy to an evil wliieh is assunnMl to exist 
 throuii-hout the dominion, and th(^ loeal option, as it is 
 called, no more localizes tln^ subject -md scoj^c* of the; aet 
 than a provision in an act for the i/i-evcntion of contagious 
 diseases in cattle that a public v/ili<'er should in-oclaim in 
 what districts it should <^ome into elfeet would make the 
 statute itself a mere lo(^al law for each ot these districts. In 
 statutes of this kind the legislation is general, and the 
 provision for the special apjilication of it to particular 
 plaees does not alter its charav^ter.' 
 
 The immediate eU'ect of this important judgmtuit on the 
 Temperanee Aet was the passage in th(^ session of 1883 of 
 "an aet respecting the sale of intoxicating liquors and the 
 issue of lieenses therefor." The preamble of the aet sets 
 forth as the grounds for legishition that " it is desirable to 
 regulate the trallie in the sale of intoxicating liquors ; that 
 there should be a uniform law regulating the same 
 throughout the dominion ; that provision should be made 
 for the better preservation of peace and order." The act 
 provides for the issue of licenses to hotels, saloons, shops, 
 vessels, and wholesale dealers, and exacts only such fees 
 as are necessary to the execution of the act." 
 
 The most important questions which have come before 
 the privy council and the supreme court of Canada have 
 arisen upon the provisions of the B. N. A. Act, relating to 
 the distribution of legislative powers between the Parlia- 
 
 ' Judgment of the lords of the judicial committee of the privy 
 council on the appeal of Charles Russell r. The Queen, on the information 
 of Woodward, from the supreme court of New Brunswick, delivered 23rd 
 June, 1S82. 7 App. Cas. 829. 
 
 - 4t-) Vict., c. 30 ; (se« reference to subject in his Excellency's speech, 
 Jour., p. 14.) But strong objections were taken in the House of Commons 
 to the act on the ground (as set forth in a resolution) that " the Parlia- 
 ment of Canada should not assume jurisdiction, as proposed by the said 
 bill, until the question of jurisdiction has been settled by the court of last 
 resort." Can. Com. J., :May 22. See Can. Hans., May 16, 21 and 22. 
 
RVi.Ks OF ('oysTiircnoN. 97 
 
 mcut <>rC';uiadji uiul the l«'<»i,sliiliir('s of the proviiict^s, uiul 
 in the words oT th«' privy couneil, " owiiiii," <o the v»'ry 
 *»'oinM-ji] l:tiii;'u;ii^(' in which sonic ol' these i)ovv«'rs :ir«' 
 doscribi'tl, Ihc (|U('stion is one ol" considerahh' dilliciiity." 
 A h'iirned judg-e ol" Ihe supreme conii o])serves ihal "in 
 eonstruini;" the act, no liard and lasl eaiion or rule ol" 
 (■onsi ruction <an he hiid down and adopt«'d, hy which all 
 acts passed, as w«'ll hylhe Parliament ol" Canada as hy th«i 
 lo(;al h'i'islatures, upon all and every «jU<'stion that may 
 arise, <an he elfectujilly iested as io their l>eini^- or not hein«»" 
 intra jv/r.s- of the le<>islature passini»- thcan." The nearest 
 approach lo a rule ol" <»-eneral application that has }>een 
 attempted in the courls of (/anada, with a view to recon- 
 cile the api)arently (•onllictini>- legislative pow«.'rs under 
 the Act, is vvith respect to property and civil rights, over 
 which exclusive legislative authority is giv»'U to the local 
 legislatures : that, as there are many matters involving 
 property and civil rights expressly reserved to the dominion 
 Parliament, the power of the local legislatures must, to a 
 certain extent, be subject to the general and spcc-ial legis- 
 lative powers of the dominion. But w^hile the legislative 
 rights of the local legislatures are, in this sense, subordinate 
 to th(^ rights of the dominion Parliament, these latter 
 rights must be exercised, so far as may be, consistently with 
 the rights of the local legislatures, and therefore the 
 dominiou Parliament would only have the right to inter- 
 fere with property aud civil rights in so far as such inter- 
 ference may be necessary for the purpose of legislating 
 generally and effectually in relation to matters confided 
 to the Parliament of Canada. On this same point the 
 privy council appears to take a similar view : It is there- 
 fore to be presumed, indeed, it is a necessary implication, 
 that the imperial statute, in assigning to the dominion 
 
 ^ Ritchie, C. J., in The Queen v. Robertson, Can. Sup. Court R., vol. vi. 
 pp. 110-11. Also Valin v. Langlois, vol. iii. p. 15 ; The Citizens Insurance 
 Co. V. Parsons, vol. iv., p. 242. 
 
08 I'MiLIAMKSTAUY INSTITVTIONS IN CASADA. 
 
 Parliament the sul)jorts of baijkrui)tny and insolvency, 
 intended to conler on it legislaliv*" power to interfere with 
 property, ctivil riufhts, and proeedure, within the proviiu'e, 
 so i'ar as a <i;eneral law rehiting to those snljjects mii^'ht 
 jiHed Ihem.' 
 
 Thejudieijil committee of the privy council have endea- 
 voured to lay down <-ertain principles whidi shoidd ii'uide 
 those who are called upon to interpret ihe Union Act. The 
 iirst step to be taken, with a view to test the validity of 
 an act of a provinciul lei>islaiure is to <onsider whether 
 the subject-matter falls witliin any of the classes of subjects 
 enumerated in section ninety-two, which statics thi? iei»'is- 
 lative powers of the provincial legislatures. If it does not 
 come within ;',ny of such classes, the provincial act is of 
 no validity. If it does, these further questions may arise, 
 viz., whether the subject of the act does not also fall within 
 one of the enumerated (^lasses of subjects in section ninety- 
 one, which states the legislative powers of the dominion 
 Parliament, and whether the power of the provincial legis- 
 lature is, or is not, thereby overborne.- 
 
 The same eminent authority has in another judgment 
 expressed the following opinion, with a view of arriving, 
 as far as possible, at a satisfactory interpretation of sections 
 ninety-one and ninety-two of the act : 
 
 " That it must have been forese(;n that some of the classes 
 of subjects assigned to the provincial legislatures unavoid- 
 ably ran into, and were embraced by, some of the enumer- 
 
 ' Sir M. E. Smith, in Cnshinjr v. Dupuy,5 A]»p. ('as., 415. In Steadniaii 
 V. Rol)ertson (2 Pug. and Bur.,r)SO) one of the judges of the supreme court 
 of New Brunswiclv expressed the opinion : "The B. N. A. Act is distribu- 
 tive merely in respect to powers of legislation, exercisable bj' the dominion 
 Parliament and by the local Iciiislatures resi)ectively, and the dominion 
 Parliament may not intrench ujmiu i»roi>e,rty and civil rights which are 
 under the guardianship and subject to the power of the local legislatures, 
 except to the extent that may be recjuired to enable Parliament to 'work 
 out ' the legislation upon the particular subjects sijecially delegated to it." 
 
 '^Dobie V. The Temporahties Board of the Presbyterian Church in 
 Canada, 7 App. Cas.^ 13(3 ; Cartwright, 367. 
 
nrLES OF COXSTIilTTIOX. 99 
 
 ated classes of subjects in section ninety-one ; hence an 
 endeavour appears to have been made to provide for cases 
 of apparent conlli<t ; and it would seem that with this 
 object it was declared in the second branch of the ninety- 
 first section, ' for greater certainty, but not so as to restrict 
 the generality of the foregoing terms of this section,' that 
 (notwithstanding anything in the act) the exclusive 
 authority of the I'arl lament of Canada should extend 
 to all matters coming within the classes of subjects 
 enumerated in that section. Notwithstanding this endea- 
 vour to give pre-eminence to the dominion Parliament in 
 cases of a conflict of powers, it is obvious that in some 
 cases where this apparent conflict exists, the legislature 
 could not have intended that the powers exclusively 
 assigned to the provincial legislature should be absorbed 
 in those given to the dominion Parliament. Take as one 
 instance the subject ' marriage and divorce,' contained in 
 the enumeration of subjects in section ninety-one. It is 
 evident that solemnization of marriage would come with- 
 in this general description ; yet ' solemnization of marriage 
 in the province ' is enumerated omong the classes of 
 subjects in section ninety-two, and no one can doubt, 
 notwithstanding the general language of section ninety- 
 one, that this subject is still within the exclusive author- 
 ity of the legislatures of the provinces. So ' the raising 
 of money by any mode or system^ of taxation ' is enumer- 
 ated among the classes of subjects in section ninety-one ; 
 but, though the description is sufficiently large and general 
 to include ' direct taxation within the province in order 
 to the raising of a revenue for provincial purposes,' 
 assigned to the provincial legislatures by section ninety- 
 two, it obviously could not have been intended that, in 
 this instance also, the general power should over-ride the 
 particular one. "VYith regard to certain classes of subjects, 
 therefore, generally described in section ninety-one, legis- 
 lative power may reside as to some matters, falling within 
 the general description of these subjects, in the legislatures 
 
100 rAUIJAMESTMiy LSSTITVTIOSS IS CASADA. 
 
 of the provinces. In thi'st* casos, it is the duty of the 
 courts, however dillie-alt it msiy be, to ascertnin in wluit 
 deg-ree, and to what extent, authority to deal with matters 
 falling within these classes of 8u])jects exists in each leg-is- 
 lature, and to deiine, in the particular case before thcin, 
 the limits of their respective powers. It could not have 
 been the intention that a conllict should exist, and, in 
 order to prevent such a result, the language; of the two 
 sections must be read tog«'ther, and that of one interpreted 
 and, where necessary, modiiied by that of the other. In 
 this way it may, in most cases, be found possible to arrive 
 at a reasonable and pra(;tical construction of the language 
 of the sections, so as to reconcile the respective powers 
 they contain, and give etiect to all of them. In perform- 
 ing this difficult duty, it will be a wise course for those 
 on whom it is thrown to decide each case which arises as 
 best they can, without entering more largely upon an 
 interpretation of the statute than is necessary for the deci- 
 sion of the particular question in hand.'" 
 
 XII. Position of the Judiciary. — Before closing this review 
 of the parliamentary system of Canada, it is necessary to 
 refer briefly to the position of the judiciary, which occupies 
 a peculiarly important position in a country possessing a 
 written constitution which must necessarily require to be 
 interpreted from time to time by accepted authorities.- 
 
 The independence of the judiciary has been for very 
 many years recognized in Canada as one of the funda- 
 
 ' The Citizens and Qnocn Insurance Cos. v. Parsons. Rep. 45 L. T. N. 
 S., 721 ; Cartwright, 272-3. Se« also argument of ^Ir. Girouard, Q.C., 
 Quebec tax canes, Sujjerior Court, 1883. 
 
 - The sui)reme court of the United States is considered in the Federahst, 
 and the history of the American constitution proves the truth of tlie 
 words, " a bulwark of a limited constitution against legislative encroach- 
 ments." The meaning of the word " limited " is explained by Alex. 
 Hamilton : " By a limited constitution I understand one which contains 
 oertain si^cified exceptions to legislative authority, such, for instance, as 
 that it shall j^ass no bill of attainder, no ex post facto law, and the like. 
 
THE jVDWIAHY. 101 
 
 moutal priiK-iples necessary to the conservatioii of public 
 liberty. Tht» judges are not dependent on the men? will 
 of ihe executive in any essential respect, nor on the caprice 
 of the people of a province for their nomination and reten- 
 tion in olHce, as in many of the states of the American re- 
 public. Their tenure is as assured in Canada as in Eng- 
 land, and their salaries are not voted annually, ))ut are 
 charged permanently on the civil list. In case it is neces- 
 sary to i)rovide a salary, or an increase of salary, for a judge, 
 the proper course is for the government to proceed by 
 bill.' The judges of the superior courts hold olRce during 
 good behaviour, and can only be removed by the governor- 
 general on address of the SiMiate and Housn of Commons." 
 In impeaching a judge for misconduct in olR ;e, the House 
 of Commons discharges one of the most delicate functions 
 entrusted to it by law. In su<'h a matter it cannot 
 proceed with too great caution and deliberation. Wheix- 
 ever charges of a serious character have b.;en lirought 
 against a judge, and responsible persons have declared 
 themselves prepared to support such charges, it has been 
 the practice to appoint a select committee, to whom all 
 the papers can be referred for a thorough investigation. 
 Since 1867 only two committees of this character have 
 
 Limitations of this kind can bo preserved in practice in no f)tlier way 
 than tlironjih the modiiini of theconrts of justice, whose <luty it must he 
 to declare all acts contrary to the manifest tenor of tlie constitution void ; 
 without tliis all the n^orvations of particular rights or privileges would 
 amount to nothing." — Federalist, Ixxviii. 
 
 » See 31 Vict., c. 33 ; 30 Vict., c. 31. B.N.A. Act, 1867, s. 100. 
 
 2 B. N. A. Act, 1867, s. 09. Tliis section does not apply to county court 
 judges, whose, removal for sufficient cause is provided for by 45 Vict., c. 
 12. It is, however, always comjx^tent for the house to address the gover- 
 nor-general for "le removal of such judicial officers, and the proceriuro in 
 Parliament shou.d l)e as in the case of the superior court judges. See 
 ease of W. McDermott, asst. barrister of Kerry. 150 H Hans. (3), 1587, 
 1588; 90 Lords J., 221, 237, 2.39, 244, 251, 2(51. Also Mr. Kenrick's case, 
 13 Pari. Del)., N. S., 113S, 1425, 1433; 14 lb., 500, 502, 511, 070-()78. 
 Also remarks of Sir J. A. Macdonald and Mr. Blake, April 9, 1883, in the 
 Bothwell case, Can. Hans. 
 
102 PA RL lA MEXr. I n Y IXSTITCriOXS L\ ( A X. I DA. 
 
 l)»'en formally ajipointc^d, ])ut in noithor case did the 
 inquiry result in the removal of the judge whose <haraeter 
 was impugned.' It is usual to have all the documents in 
 the ease printed in the lirst instance without delay, so 
 that the House and the persons immediately interested 
 may have due cognizance of the nature of the charges 
 against the judge," Witnesses should be examined on 
 oaih in all such cases;' All the weight of authority in 
 Canada, as in England, goes to show that the House should 
 only entertain <'liarges which, if proved, would justify the 
 removal of the judge from the bench. It will be for the 
 House, and especially for those responsible for the admin- 
 istration of justice, to consider whether the allegations 
 are of such a nature, and supported by such authority, as 
 demand an investigation at their hands .^ The proper and 
 most convenient course is for the persons who feel called 
 upon to attack the character of a judge to proceed by 
 petition in which all the allegations are specifically stated 
 so that the judge may have full opportunity of answering 
 the indictment thus presented against him.'^^ But the 
 action of Parliament may originate in other ways, if the 
 public interests demand it, and there is no objection to a 
 member's formulating charges on his own responsibility 
 
 'Case of JiulgcLaibntaine, Can. Com. .T. (18()7-S), 297, 344, 89S ; Ih. (18(l!l), 
 ia5, 247. Of Judge Loranger, Ih. (1877), 20, 25, 80, 1152, 141, 258. A com- 
 mittee was asked for in 1882 in the case of Chief Justice Wood, of Mani- 
 toba, but never appointed. 
 
 ■' Can. Com. J. (1S67-8), 400; /?>. (1877), 25, 132; Ih. (1882), 192.11. Todd^ 
 Pari. (rovt. in England, 743. 
 
 ^ Can. Com. J. (1877), 30. At the time of the previous case select com- 
 mittees had no power to administer oaths to witnesses. See chap, on 
 select committees. 
 
 * See memorable cases of Baron Abinger and Sir Fitzroy Kelly, cited by 
 Totld, II. vol., pp. 739. 740, In 1883 the Canadian house refused a motion 
 to inquire into the conduct of a judge in the discharge of his duties in 
 connection Avith a matter mhjvdicc. See remarks of Sir J. A. Macdonald 
 in Bothwell election case, April 9, Can. Hans. 
 
 ^ Sir J. A. Macdonald, April 9, 1883, Can. Hans., Bothwell case. Cases, 
 of Judge Fox and Judge Kenrick, cited in II. Todd, 731, 734. 
 
THE JI'DILIAHY. 103 
 
 as a mcmlHT of tlif Icii-islaturc Imving a gTavo duly to 
 dischargo.' The constitutional usag"*^ ol' the paront state 
 also requires that in any address asking- i'or th(^ removal 
 of a judge "the acts of misconduct which have occasioned 
 the adoption thereof ought to be recajntulated, in order to 
 enable the sovereign to exercise a constitutional discretion 
 in acting upon the advice of parliament." In cases where 
 this very proper rule has not been followed, the Crown 
 has refused to give elfect to the address, though passed by 
 a colony enjoying responsible government, because "in 
 dismissing ajudg*^ in compliance with addresses from a 
 local legislature and in conformity with law, the queen 
 is not performing a mere ministerial act, but adopting a 
 grave responsibility, which her Majesty cannot be advised 
 to incur without satisfactory evidence that the dismissal 
 is proper."' 
 
 AVe have now briefly reviewed the most important 
 phases in the development of the parliamentary system of 
 the dominion of Canada. We have seen how the autocratic, 
 illiberal, political system of Xew France, so repressive of 
 all individual energy and ambition, gave place, after the 
 conquest, to representative institutions well calculated to 
 stimulate human endeavour and develop national charac- 
 ter, k^tep by step we have followed the progress of those 
 free institutions which are now in thorough unison with 
 the expansion of the provinces in wealth and population. 
 At last we see all the provinces politically united under a 
 federal system, on the whole, carefully conceived and 
 matured ; enjoying responsible government in the com- 
 pletest sense, and carrying out at the same time, as far as 
 possible, those British constitutional principles which give 
 the best guarantee for the liberties of a people. With a 
 federal system which combines at once central strength 
 
 1 Case of Baron McLeland, 74 E. Com. J., 493 ; 11 Pari. Deb., 850-854. 
 
 2 11. Todd, 763. Corresp. relative to Judge Boothby, Eng. Com. P., 1862, 
 vol. xxxvii., pp. 180-184. 
 
104 PARLIAME}s'TARY INSTITUTIONS IN CANADA. 
 
 and local freedom of action ; with a permanent executive 
 independent of popular caprice and passion; with a judi- 
 ciary on whose integrity there is no blemish, and in whose 
 learning" there is every confidence ; with a civil service 
 resting on the firm basis of freedom from politics and of 
 ■security of tenure ; with a people who respect the law 
 and fully understand the workings of parliamentary insti- 
 tutions, the dominion of Canada need not fear comparison 
 with any other country.' But it is not merely in the 
 character of its system of government and representative 
 institutions that the Canadian dominion has carefully 
 endeavoured to follow the example of the parent state, as 
 far as consonant with local circumstances. We shall also 
 see in the course of this work how strictly the legislatures 
 'of Canada, from their earliest establishment, have copied 
 the more important and valuable rules and usages of that 
 great Parliament which, heretofore, has been the prototype 
 of all legislative bodies in those many countries of the world 
 where the English tongue is spoken and English liberty 
 prevails. 
 
 * The words of the Marquis of Lome, in reply to the farewell address 
 of the Parliament of Canada, 25th INIay 1883, may be appropriately cited 
 here as the Impartial testimonj' of a governor-general after some years 
 experience of the working of Canadian institutions : — 
 
 "A judicature above suspicion; self-governing communities entrusting 
 to a strong central government all national interests ; the toleration of 
 all faiths, with favour to none ; a franchise recognizing the rights of labour, 
 by the exclusion only of the idler; the maintenance of a government not 
 privileged to exist for any fixed term, but ever susceptible to the change of 
 public opinion, and ever open through a responsible ministry to the scru- 
 tiny of the i^eople ; — these are the features of your rising power." 
 
CHAPTER II. 
 
 THE SENATE AND HOUSE OF COMMONS. 
 
 I. Senators. — II. Introduction of Senators. — III. ^lombers of the 
 House of Commons. — IV. Election of Members. — Voters' Qualifica- 
 cations. — V. Controverted Elections. — VI. Issue of Writs. — VII. Dual 
 Representation. — VIII. Independeni-e of Parliament. — IX. Resignation 
 of ^lenibers — Double Returns, etc. — X. Introduction of Memljers. — 
 XI. — Attendance of ^Members. — XII. Members' Indemnity. — XIII. 
 Expulsion and Disqualification of ^lemljers. — XIV. Susi)ension of 
 Mem])ers. — XV. Questions affecting ^Members referred to Committees. 
 XVI. Places in the Hoiise. 
 
 I. The Senate. — When Parliament met for the first time 
 in 1867, the Senate consisted of 72 members, called senators 
 — 24 for Ontario, 24 for Quebec, and 24 for Nova Scotia and 
 New Brunswick, these two maritime provinces being 
 considered one division^ Subsequently, the provinces of 
 Manitoba and British Columbia were admitted into the 
 confederation, and the number of senators has been in- 
 creased to 78 in all — Manitoba having at present three 
 members and British Columbia three.^ Prince Edward 
 Island has also entered the union since 1867 and has 
 a representation of four members, but as this province is 
 comprised in the maritime division of the Senate 
 
 1 British X. A. Act, 1867, s. 21 and 22. 
 
 ^ Under Dom. Stat. 33 Vict. c. 3, s. 3, Manitoba is to have two mem- 
 bers until it shall have a population of 50,000, and then it shall have 
 three ; and four, when the population has reached 75,000 souls. The 
 census of 1881 gave Manitoba a population of 65,954 and consequently 
 another member was added to the Senate. 
 
 ' Can. Com. J. (1871) 195. Dom. Stat, for 1872, Order in Council 
 Ixxxviii. 
 
106 THE SENATE AND HOUSE OF COMMONS. 
 
 its admission has not inrreasod the number of senators 
 in the aggregate'. The senators, who are nominated 
 by the Crown, must each be of the full age of 30 years, 
 natural-born or naturalized subjects, resident in the 
 province for which they are appointed, and must have real 
 and personal property worth $4,000 over and above all 
 debts and liabilities. In the case of Quebec a senator must 
 have his real property qualification in the electoral divi- 
 sion for which he is appointed, or be resident therein.^ 
 Every senator must take the oath of allegiance and make 
 a declaration of his property qualification, before taking 
 his seat.'^ In 1880 it was deemed expedient to adopt 
 a resolution which will have the effect of show- 
 ing that the members of the Senate continue to have 
 the property cpialification. This resolution is ta 
 the effect that "within the first twenty days of the 
 first session of each Parliament every member shall 
 make and file with the clerk a renewed declaration 
 of his property qualification, in the form prescribed in 
 the fifth schedule annexed to the B. N. A. Act, 186t." 
 The clerk shall, "immediately after the expiration of 
 each period of twenty days, lay upon the table of the house 
 a list of the members who have complied with the rule." 
 In case members arrive too late to make the declaration 
 within the dated period, then it is usual for a minister to 
 
 1 British N. A. Act, 1867, s. 147. This section provides that after the 
 admission of P. E. Island, " the representation of Nova Scotia and New 
 Brunswick in the Senate sliall, as vacancies occur, be reduced from 
 twelve to ten members respectively, and the representation of each of 
 those provinces shall not be increased at any time beyond ten, except 
 under the provisions of this act for the appointment of three or six addi- 
 tional senators under the direction of tlie queen." 
 
 2 B. K A. Act, 1867, s. 23. See a pp. to this work. 
 
 3 Ih., s. 128. 
 
 * Sen. Hans. (18S0) 273 ; Jour. p. 152. The resolution provided also 
 that the list should be laid for the first time on the table in the session 
 of 1880-81, which was accordingly done. Jour. (1880-81) 56-68. Ibid. 
 (1883) 54-55, 08. 
 
THE SENATE. lOT 
 
 move formally that the clerk be authorized to receive 
 their declarations in due form,' Senators who have been 
 unable from sufficie?it cause to attend durini? the session 
 and make the necessary declaration before the clerk, 
 have been permitted to sign it before a justice of the 
 peace — such declaration being" deemed sufficient on for- 
 mal motion." In 1883, the Senate was satisfied with a 
 declaration signed and transmitted to the clerk, by a 
 senator suffering from paralysis.' 
 
 The queen may, on the recommendation of the gov- 
 ernor-general, direct that three or six members be added 
 to the Senate, representing equally the three divisions of 
 Canada. In case of any such addition being made, the 
 governor-general shall not summon any new member 
 " except on a further like direction by the queen on the 
 like recommendation until each of the three divisions of 
 Canada are represented by 24 members and no more."* 
 The number of senators is fixed by the 28th section of 
 the British North America Act, 1867, at v8, but on refer- 
 ence to the 147th section, it will be seen that it is pro- 
 vided that " in case of the admission of Newfoundland 
 the normal number of senators shall be 76, and their 
 
 ^ Jour. (18S0-81) 58, (50 ; Hans. p. 56. Jour. (1SS3) 105, 110. A declara- 
 tion has also been received in a subsequent session. Jour. (1882) 25, 40. 
 
 ■^ Jour. (1SS3) 7H, 86. 
 
 •^ JWfZ. (1883) 55; Hans. p. 54. The clerk made a six'cial report on 
 the subject. 
 
 * B. N. A. Act, s. 26-27. See Sen. Deb. (1877) 87-04 ; Com. Deb. (1877) 
 371, for discussion on a case in which the queen refused to appoint addi- 
 tional senators under section 26. Also Todd's Pari. Gov. in the Colo- 
 nies, p. 164. The Earl of Kimberley, in his despatch on the subject, stated 
 that her ]\Iajesty could not be advised to take the responsibility of inter- 
 fering with the constitution of the Senate, except upon an occasion when 
 it had been made apparent that a difierence had arisen between the two 
 houses of so serious and permanent a character that the government 
 could not be carried on without her intervention, and when it could be 
 shown that the limited creation of senators allowed by the act would 
 apply an adequate remedy." The Senate, on the receipt of this despatch, 
 passed resolutions approving of the course pursued by her Majesty's 
 government. Jour. p. 130-4. 
 
108 THE SENATE AXD HOUSE OF CO.\DfOXS. 
 
 maximuni iiuiii])er shall be 82." Senators hold thoir seats 
 for lit'o, su1)jiMt to tho provisions of this act, but thoy may, 
 at any tinio. resign by writing undor their hand, addressed 
 to the governor-general'. The plaee of senator shall be- 
 come vai'ant, if he is absent for two consecutive sessions, 
 if he becomes a bankrupt, or insolvent, or applies for the 
 benelit of any law relating to insolvent debtors or be- 
 comes a public defaulter ; if he becomes a citizen or sub- 
 ject of any foreign power ; if he is attainted of treason 
 or convicted of any infamous crime ; if he ceases to be 
 qualified in respect of property or residence ; provided 
 that he shall not be considered disqualihed in respect to 
 residence on account of his residin"- at the seat of «'overn- 
 ment, while holding an office in the administration. When 
 a vacancy happens in the Senate, by resignation, death or 
 otherwise, the governor-general shall, by summons to a 
 fit and qualified person, iill the vacancy. If any question 
 should at any time arise respecting the qualification of a 
 senator or a vacancy in the Senate, the same must be 
 heard and determined by that house." 
 
 The lOUi rule of the Senate provides : 
 
 " If for two consecutive sessions of Parliament any senator 
 had failed to give his attondunee in the Senate, it shall be the 
 duty of the clei-k to report the same to the Senate, and the ques- 
 tion of the vaeaney arising therefrom shall, with all convenient 
 speed, be heard and determined by the Senate. " 
 
 In accordance with the foregoing rule, the clerk 
 reported in 1876, for the information of the house, that Sir 
 Edward Kenny, one of the senators for ?iova Scotia, had 
 been absent from his seat for two consecutive sessions. 
 The committee of privileges, to whom the matter was 
 immediately referred, reported that Sir Edward Kenny 
 had vacated his seat, and that the house should so declare 
 
 1 Sec. 29 and 30. 
 
 ^ Sec. 31,32,33. A Peer who has been adjudge 1 a bankrupt cannot 
 •it and vote in the House of Lords, 34 and 35 Vict., c. 50, Imp. Stat. ; 104 
 Lords' J., 138, 206, 321,1322, 342, 429. 
 
THE ixTnoDrcTiox or sen a tors. 1 00 
 
 aud dotormino in inirsuniuc ol" the thirty-third soction of 
 the British North Amcrira Act, 18G7. The rt'port oftho 
 committor haviiiii' hiM'ii formally adopted, the Senate 
 agreed to an address to the governor-general setting 
 forth the facts in the case.' 
 
 n. The Introduction of Senators — The i)ractiee of introduc- 
 ing nmv senators is invariable in the uj)per chamlx'r. 
 The speaker will state to the house whenever the clerk 
 has received a certificate from the clerk of the Crown in 
 Chancery that a new member has been summoned to the 
 Senate. He will then inform the house : " Honourable 
 gentlemen, a new member is without, ready to be intro- 
 duced." The new member is then introduced ])etween 
 two senators, and presents at the table h(»r Majesty's 
 writ of sumimons, which is read by the clerk, and put 
 upon the journals. He will then subscribe the oath be- 
 fore the clerk (one of the commissioners appointed for 
 that purpose)- by repeating the words after that officer. 
 That having been done, the new member signs the roll, 
 and then makes obeisance to the speaker, who, shaking 
 hands wath him, indicates the seat he is to occupy, and to 
 which he is conducted by the members w^ho introduced 
 him. The speaker will finally acquaint the house that the 
 new senator had also formally subscribed the declaration 
 of qualification required by the British North America 
 Act, 1867." 
 
 1 Sen. J. [187G] 188, 189, 205, 206 ; Deb 299, 314, 324. The Senate, at 
 the same time, conveyed to Sir Edward Kenny an expression of regret at 
 the severance of the ties which had hitherto connected them. See a simi- 
 tar proceeding in the old legislative council of Canada, Jour. [1857], (56-7. 
 
 - By s. 128 of B. ^'. A. Act, 1867. 
 
 » Sen. J., [1867-8] 165, 177, 178 ; Ih. [1877] 14, 26, &c., Ih. [1883] 20-23, 
 &c. The above form of procedure is as given in the Journals, but practi- 
 cally the speaker is previously informed by the clerk that the new sena- 
 tor has subscribed the declaration of qualitication. No communication 
 follows the taking by the senator of his seat. The declaration is made in 
 the clerk's oftice. but the oath is taken in the Senate. 
 
110 THE SENATE AND HOUSE OF COMMONS. 
 
 in. The House of Commons.— In 18Gt the house consisted of 
 181 mem))ers in all, who were distributed as follows '} 
 
 Ontario 82 members, 
 
 Quebec G5 
 
 Nova Scotia 19 
 
 New Brunswick 15 *' 
 
 But the British North America Act, 186t, provides- for ad- 
 ditional representation under certain conditions. Quebec 
 shall have the iixed number of 65 members. Each of the 
 other j)rovinces shall be assigned such a number of mem- 
 bers as will bear the same proportion to the number of 
 its population (ascertained at each decennial census) as 
 the number 05 bears to the number of the population of 
 Quebec. Only a fractional part exceeding one-half of the 
 Avhole number requisite to entitle the province to a member 
 shall be regarded in computing the members for a pro- 
 vince — such fractional part being considered equivalent 
 to the whole number. In case of a readjustment after a 
 decennial census the number of members for a province 
 shall not be reduced " unless the proportion which the 
 number of the population of the province bore to the 
 number of the aggregate population of Canada at the 
 time of the then last preceding readjustment of the num- 
 ber of members for the province is asc< rtained at the then 
 hitest census to be diminished by one-twentieth part or 
 upwards.'' Such readjustment, however, " shall not take 
 effect until the termination of the then existing Parlia- 
 ment." It is also provided that the number of members 
 may be from time to time increased provided that the pro- 
 portionate representation prescribed in the act is not 
 thereby disturbed.^ 
 
 In accordance with section 51, the representation of the 
 
 1 B. N. A. Act, 1867, s. 37. 
 - lb s. 51. 
 ^ lb., s. 52. 
 
;i 
 
 a 
 
 u 
 
 a 
 
 THE HOUSE OF CO}D{OXS. Ill 
 
 p«'oj)l«' ill tlic TIouso of (^oinmoiis was re-juraiiiit'd in 
 1<S72, ai'tor the lakiiii^ ol' tli«' (Ircciiiiinl <«'iisus ol" ISTI. 
 Ontnrio received (! juhlilioniil iiiemhers; Nova Seotiii. -J; 
 
 New llruiiswiek, 1 ; Qlielx-r reinililied Ibesiiiae.' On llje 
 admission of Mimito))a, she received 4 iiieiiihcis ;' Ihitish 
 Columbia, «'» ;' I'riiice ll^dward Ishnid, (!.' ('onsetjiieiilly 
 until 1H.S2 the lotnl iiumher of members in the House ol' 
 Commons was '20(j. In the session of bsSii th«' r«']>resen- 
 tation was aii'ain readjusted,' and the province of Ontario 
 received 4 additional members, and the province of Mani- 
 toba one. The r< 'presentation is now distri])uted as 
 follows : 
 
 Ontario 92 members. 
 
 Quebec 6o 
 
 Nova Scotia 21 
 
 New Brunswick 16 " 
 
 Manitoba o 
 
 British Columbia 6 
 
 Prince Edward Island... 6 
 
 Total number 211 members.'' 
 
 IV. The Election of Members.— It is provided by the 41si 
 section of the Union Act of 1867 : — 
 
 » 35 Vict. c. 13, s. 1, Dom.'Stat 
 
 - See lb. s. 1 ; 33 Viet. e. 3, s. 4, Doin. Stat. 
 
 ■^ Can. Com. .T. [1S71], 195; Doni. Stat. 1S72, Order in Council Ixxxviii. 
 
 ^Can. Com. .T. [1S73], 402 ; also, Order in Conn. Dom- Stat. 1873, xxiii. 
 
 * 45 Vict., c. 3. The readjustment of the Ontario constituencies was 
 opposed in the Commons. See Hansard [18S2] 1.356 et seq. A great num- 
 ber of amendments were proposed at various stages, Journals, p.p., 410- 
 512. By this legislation the old boroughs of Niagara and Cornwall were 
 attached to the electoral districts ol." Lincoln and Stuimont resj^ctively, 
 s. 2, sub-ss. 1 and lU. 
 
 '' This is a large representation for a population of 4,324,810 as com- 
 pared with the 325 members who repre-sent 50,000,000 in Congre.ss. The 
 census of 1881 gave Ontario 1,923,218 souls; Quel)e.c, 1,359,027; Nova 
 Scotia, 440,572; New Brunswick, 321,223; Manitoba, 65,954; British 
 Columbia (including Indians), 49,459, Prince Edward Island, 108,891; 
 N. W. T., 56,446. 
 
112 THE SENATE AND IIOVSE OF COMMONS. 
 
 •' Until the I'ailiumont of (Jiiiiiulu othorwise provi<los, all Iuwh 
 in force in the several provinces at the time <»f the niiion lelative 
 to the followinj^ inattei's, or any oflliein, nanu'ly. thefinaiificatioiis 
 and (lis<jualifications of persons to be elected, or to sit as menihers 
 of the le/j;islalive assemblies in the sevei"al]>rovinces, the voters at 
 eltictions of su«-h niernbei-s, the oaths to be taken by voters, the 
 returning otticers, theii' powers and duties, the proceedings at 
 elections, the periods dnrin<^ vvhii;h elections may be continued, 
 the trial of controverted ckictions, and proceedings incident there- 
 to, the vacating of the seats of members, and the execution of 
 new writs in case of seats vacjited otherwise than hy dissolution- 
 shall resiKM'tivel}' Jipplv to elections of members to sei-ve in the 
 House of Commons fc^r the same several provinces." 
 
 Ill 1871 and sn])scquont years, I'arliamont passod s«n"«^ral 
 acts' of a temporary character, and it was not until the 
 session of 1874 that more complete provision was made 
 for the el t. ion of members of the House of Commons". 
 The law now dispenses with public nominations^ and pro- 
 vides for simiiltaneous polling at a general election — a pro- 
 vision which had existed for years in the province of Nova 
 Scotia. The act of 18*74 refers very brieliy to the qualifi- 
 cations or disqualifications of persons to be elected'. No 
 qualification in real estate is now required of any candi- 
 date for a seat in the House of Cc nmons. ' but he must be 
 
 ' 34 Viet. e. 20; 35 Vict. ec. 14, 10, 17; (the two last chapters provided 
 merely for election pur])oses in counties of Victoria and Inverness, N.S.), 
 36 Vict. c. 27. 
 
 '' 37 Vict. c. 9. 
 
 •' The open nouiinatiou of candidates was abolished in England by 35 
 and 30 Viet. (1872,) c. 33. 
 
 * In the absence of statutory enactments, the common political law 
 governs in England and her doj)endencies. For instance, insane persons 
 are incapable of executin*; the trust of moudjers ; but the En<j;lish 
 Commons have always intiuired into the nature of the atfliction, and 
 granted or refused a new writ according as the incapacity has been shown 
 to be permanent or temporary . Case of Mr. Alcock, in 1811 ; 2 Hatsell 
 35n. Also that of Mr. Crooks, Ontario Legislature, Feb. 12 and 14, 1884- 
 See Gushing, p, 26. 
 
 ^ The property qualification had been previously abolished in England 
 
Tin: Ei.Ecrios of miimhehs, 113 
 
 eithor :i nutur;il-)K)ni sulijtM't of tht> qiUM'ii, or a Kubjcrt of 
 tht' ([U«M>ii naturalized by an act of the rurliann'iit of 
 Groat IJrilaiii, or of tin; Parliaiuciit of the United Kinuxlom 
 of G-rcat Jjiilaiii and Indaiid, or of the Ijoiiislature of one of 
 the provinces of Canada, or of the Parliament of the dom- 
 inion.' All persons qualilit'd to vote for members of the 
 legislative assemblies of the several provinces compris- 
 ing th(^ dominion can vot«' for mt'mbers of the House of 
 Commons for the several t'lectoral districts comprised 
 within such provinces respectively ; and thi^ lists of voters 
 used in the election of representatives to the k'gislative 
 assemblies, are to be used at the election of members of 
 the House of Commons.- Provision is also made in the 
 same act foi- voting by ballot. In the session of 1878 the act 
 was amended with the view of ensuring greater secrecy 
 in the ballot system, the use of envelopes being discarded.' 
 
 The Parliament of Canada has not yet [1883] established 
 a uniform franchise for the dominion,^ and it is therefore 
 necessary to refer briefly to the several statutes of the 
 provinces defining the qualifications of electors therein. 
 The following persons have at present the right to vote at 
 dominion and provincial elections : — 
 
 In Ontario — Owners or occupants of real property, in 
 cities, of not less than $400 value : in towns, $300 ; in 
 incorporated villages, $200 ; in townships, $200. Also 
 
 in 1858 by 21 and 22 Vict. c. 26. For debate, see 150 E. Hans. (3) 222, 
 576, 1421, 1829, 1919, 2086. 
 
 ' Sec. 20. By sub. s. 25 of s. 91, of British N. A. Act, 1867, naturalization 
 and aliens are now among matters falling under the exclusive legislative 
 authority of the Parliament of Canada. 
 
 2 Sec. 40. 
 
 ^ 41 Vict., c. 6, Dom. Stat. Can. Hans. [1878] 1844, 2073, 2116, 2160. 
 The secret ballot was established in 1872 in England (except in case of 
 university elections) by 35 and 36 Vict. c. 33. The dominion act of 1878 
 also provides for a recount of votes by a judge (sec. 14.) 
 
 * On two occasions since 1867, drafts of proposed acts have been sul> 
 mitted to Parliament — first, in 1870 and secondly in 1882, — but neither 
 measure was pressed. Hans. [1883] 593-96. 
 
 8 
 
114 THE SESATE AM) HOVSE OF COM MOSS. 
 
 i)('r,soiis witli all iuconu' of not K'ss tluvii 8400 amiuiillv • 
 larmcr.s' sous, resident on parents' farms, and duly rated on 
 assessment roll. In A lipoma, and such districts as have no 
 assessment roll, those persons who are bona fvlr, owners oi" 
 real estate, valued at $-00 or upwards, or who are, at the 
 time of election, resident householders, — in each case, lor 
 jsix months next precedinj^ the election.' 
 
 In Quebec. — Owners or occvipants of real estate estimated 
 at a value of at least $300, in <-ity municii)alities ; and sJi^Oo 
 in real value, or ^20 in annual value, in any other muni- 
 cipality. Tenants payini*- annual rental for real estate of 
 at least $30 in a city, and $20 in any other municipality.- 
 
 In Nova Scotia. — Persons assessi'd to the value of $loU. 
 on real estate ; or on personal estate, or on personal and 
 real estate together, to the value of $300. ' 
 
 In New Bnmswick. — Persons assessed for the year on real 
 estate to the value of $100 ; or on x)ersonal, or on personal 
 and real property toi»-ether, to the value of $400, or with 
 an annual income of $400.^ 
 
 In Manitoba. — Owners of real estate, valued at $100 at 
 least, or tenants of real property, to the value of $200, under 
 an annual rent of $20, who must have been in the electoral 
 division for at least three months."' 
 
 In British Columbia. — Kesidents in the province for 
 twelve months, and in the electoral district lor two 
 months, jirevious to voting." 
 
 * Ont., Rev. Stat. c. 10. ss. 4-7. 
 
 '' Quebec Stat. 38 Vict. [1875] c. 7, ss. 7-11. 
 
 ^ N. S. Rev. Stat. 4th sor., App., Election Law of 1863, c. 28, as amended. 
 See c. 3 acts of 1874 ; c. 4, acts of 1883. Previous to 1863 (See Rev. Stat. 
 of 1859, c. 5, s. 2) manhood suffrage existed in Kova Scotia, but the rigbt 
 vas quaUfied by a provision requiring one year's residence in tlie electoral 
 district, and five years in tlie province in the case of jiersons, British sul> 
 jects, not born therein. This provision was repealed in 1863 by c. 28. 
 
 ■• N. B. Cons. Stat, of 1877, c. 4., s. 1. 
 
 ^ Man. Cons. Stat, of 1880, c. 3, ss. 61-85. 
 
 ^ B. C. Cons. Stat, of 1877, c. 66, am. by c. 7, Acts of 1878, and by c. 34, 
 Acts of 1883. 
 
TliK EU'X'TIOS OF MKMUElls. llo 
 
 /// Pri/ire Eihrurd Island. — Ui'siddits in tht» i)()llinu' divi- 
 sion lor t\v»'lv»' mouths l)«'r()n' the teste ol' tln' writ, 
 who have perlonued or paid tor statute hihour ; also, 
 persons resident in Charlottetown and Sumnierside wlio 
 liM ve paid i)r()vin(ial or civic, poll-tax lor the year; also, 
 owners or occiii)ants of real estate of the clear annual 
 value of six dollars and ibrty cents, who have paid the 
 taxes on su<'h projx'rty Ibr the year pr«M'edinu" the election. 
 Residen<'e is not necessary, and a man may vote on his 
 property qualification, if he possesses it, in every district.' 
 
 The various acts of the provinces settinij^ forth voters' 
 qualifications i)rovide for the due ri'L»-istration of all electors, 
 who must be British sul)jects, by birth or naturalization, of 
 the full at?*' oftwenty-one years, and free from any leual inca- 
 pacity. The judii'cs of the various courts, rei>-istrars, .slierilfs 
 and deputy-sherilfs, stipendiary and police niimistrates, 
 recorders, clerks of tht; crown, clerks of the county courts, 
 county attorneys, clerks of the peace, agents for crown 
 lands, i)ost masters in cities and towns, officers of the cus- 
 toms and excise, have no votes at parliamentary elections 
 in Ontario, Quebec and other provinces. By the statutes 
 of all the provinces the right to vote is expressly limited 
 to " males," and the Ontario law has a special provision 
 that no woman shall vote at any parliamentary election.^ 
 In the same province all Indians, or persons with part 
 Indian blood, who have been duly enfranchised, and who 
 do not reside among Indians though they participate in 
 annuities or rents of a tribe, have a right to vote.^ But 
 ill Manitoba, Indians or persons of Indian blood receiving 
 an annuity are denied the privilegt^ and the same is the 
 
 ^ The election law of 1878 (41 Yict., c. 14), was repealed by an act in 
 1879 (42 Yict., c. 2) reviving the law of 1S(J1, 24 Vict, c. 34. The act of 
 1879 also repealed the Registration and Ballot Act of 1877 (40 Vict, c.20). 
 See also 45 Vict., c. 1, which provides for provincial or civic poll tax 
 qualification in certain districts as above. 
 
 2 Ont. Rev. Stat., c. 10, s. 3. 
 
 ^ lb. s. 7. 
 
116 THE SENATE AND HOUSE OF COMMONS. 
 
 caso in British Columbia with rospect to Chinamt^n and 
 Indians. Previous to 1882, t'mployes of the Intt.'rcolonial 
 Railway had been disqualified from yotinc; by an act of 
 the Nova S<'otia legislature, but in that year Parliament 
 made provision in the Representation Act removing" the 
 disqualiiication in the case of such persons as respects 
 elections for the House of Commons.' 
 
 The Representation Act of 1882 also contains a provision 
 that " every writ for the election of a member of the 
 House of Commons shall be dated and be returnable 
 on such days as the governor-general shall determine, 
 and shall be addressed to such person as the governor- 
 general shall appoint ; and such person shall be t\e 
 returning officer at the election to which such writ 
 relates."^ The act of 18*74, so far repealed, provided 
 that writs should be addressed to the sheriff or to the 
 registrar of deeds in the electoral district, but in case there 
 was no such officer in the division, then the governor- 
 general might appoint such other person as he might think 
 proper.^ 
 
 As communication by water between the Island of 
 Anticosti, or the Magdalen Islands, and the mainland, 
 may be interrupted during an election by the severity of 
 the season, it is provided by the act of 1882 that the 
 governor in council may direct that all necessary infor- 
 mation relating to the election may be transmitted by 
 telegraph by the returning officer to his deputies, and 
 by them to him, so that he may be informed of the number 
 of votes, and of all other matters relating to the election, 
 and be enabled to return the candidate having the majority, 
 or make such other return as the case may require. The 
 islands in question form part of the electoral divisions of 
 
 1 N. S. Stat. 1871, c. 3; Doni. Stat., 45 Vict, c. 3, s. 5 ; Sen. Deb. (1882), 
 738 ; Com. Deb., 1563. 
 •^ 45 Vict., c. 3, s. 6. 
 337 Vict, c. 9, s. 1. 
 
THE TRIAL OF CONTROVERTED ELECTIONS. 117 
 
 •Chicoutimi and Saguenay, and Graspe, and it is difficult 
 to communicate with them at certain seasons.' 
 
 V. The Trial of Controverted Elections. — The Canadian sta- 
 tutes regulating the trial of controverted elections, and 
 providing for the prevention of corrupt practices at par- 
 liamentary elections have closely followed the English 
 statutes on the same subject. For some years, in Upper 
 and Lower Canada, the house itself was the tribunal for 
 the trial and determination of election petitions — commis- 
 sioners or committees being appointed, when necessary, 
 to examine witnesses.' Eventually the principli of the 
 G-renville Act of 1770^ was adopted in Upper Canada, and 
 ihe trial of controverted elections entrusted to sworn com- 
 mittees of nine members, and two nominees, one appointed 
 l)y the sitting member and the other by the petitioner. 
 After the union of 1840, election petitions were tried by 
 committees or by the whole house, according to the old laws 
 of each province. It was soon found expedient to adopt 
 the principles of Sir Robert Peel's act of 1839.^ The legis- 
 lature in 1851 passed an act transferring the whole of its 
 authority to a newly established tribunal called "the 
 general committee of elections," which was composed of six 
 members appointed by the speaker by warrant under his 
 hand, but subject to the approbation and sanction of the 
 house. This committee was sworn, and then proceeded 
 to select certain members to serve as chairmen of election 
 committees, and also to divide the remaining members 
 on the list submitted to it into three panels, in such 
 
 ^45 Vict., c. 3, s. 9. See remarks of Dr. Fortin, member for Gaspe, as 
 to necessity for such a provision. Hans. (1882), 1461. 
 
 M5 Geo. III., c. 3, Upp. Can. Stat. ; 48 Geo. III., c. 21, Lower Can. 
 Stat. ; 58 Geo. III., c. 5., of Lower Can., provided for the appointment of 
 commissioners or committees for the examination of witnesses ; 8 Geo. 
 iV., c- 5, for commissioners for the same purpose in Upper Canada. 
 
 no Geo. Ill , c. 10, Imp. Stat. ; May, 715. 
 
 *4 Geo. IV., c. 4, Upper C. Stat. 
 
 » Imp. Stat. 2 and 3 Vict. c. 38 ; am. by 11 and 12 Vict., c. 98 ; 190 E. 
 Hans. (3) 694. 
 
118 THE SENATE AND IIOVSE OF <Oy(MONS. 
 
 mannor as should scorn most convoiiioiit. Tho ("ommittoe 
 of olections had tho ]>o\vor of solociiiii:^ a committoo 
 of four moinbors from tho paiiol in sorvico, and a fii'th 
 mom})or Avas chosi^n ])y tho chairmon's panol. Tho 
 mombors of tho committoo thus soh^'tod to try the morits 
 of an oliM'tion jK'tition took thoir oaths solemnly and 
 publicly at tho tabic of tho house, to oxocuto justico and 
 maintain the truth. Tho -witnesses were examined on 
 oath, tho petitioner and respondent both aj^poarod before 
 tho committee by thoir counsel, tho decisions and pre- 
 cedents of tho supt^rior ccnirts wore quoted and followed, 
 and tho decision of tho committee was iinal and 
 conclusive.^ This system continued in operation for 
 several years after 186Y," consuming necessarily a great 
 deal of tho time of tho spoaki^r and mombiTs, until it was 
 thought expedient to follow again the example of the 
 British Parliament;* In Canada, for many years, there 
 was a concurrence of opinion, in and out of l^arliament, 
 that it was necessary to transfer the jurisdiction over 
 controverted elections from the house itself to som. ther 
 tribunal which could deal with them irrespective of all 
 political considerations whatever. Accordingly in 1873 
 Sir John Mac^donald, then premier and minister of justice, 
 introduced a bill " to make bettor provision respecting 
 
 > 14 and 15 Vict., c. 1 ; 19 and 20 Vict., c. 140; Consolidated Stat, of 
 Canada, c. 7. 
 
 ■' Can. Com, J. [1807-8] 26, 37, 42, 108, 158, etc. 
 
 •'' In 18(58 Mr. Disraeli, then chancellor of the exchequer, brought in a 
 bill transferring the trial of election petitions to judges (31 and 32 Vict., 
 c. 125). In giving his reasons for changing the existing system Mr. 
 Disraeli said, "charges wc'^e being constantly made against the inefii- 
 ciency and unsatisfactory cuaracter of the tribunal. The decisions of the 
 committees have l>een uncertain and therefore unsatisfactory, and have 
 oflFered no obstacle whatever to the growing practice of corrupt compromise 
 by which, in the process of withdrawing petitions, a veil is often thrown 
 evermore flagrant transactions than any which are submitted to scrutiny 
 and investigation." The legislature thus practically recurred to the 
 method adopted more than 450 years previously in the election statute of 
 11 Henry IV. Taswell-Langmead, Const. Hist. 333, 340. 
 
THE TRIAL OF COSTIIOVEIITEI) ELE(TI(»SS. Ill) 
 
 election pi'titioiis, and matters relative to controverted 
 elections of nieml)ers of the House of Commons.'" This 
 bill which ])assed into law provided for the trial of 
 election j)etitions by judges in the several provinces- of 
 Canada. Barristers of ten years' standiiiii" were to be 
 appointed judgY's (ul hoc, in cas(^ thi^ lientenant-ii-ovi'rnor 
 in council in ai. . province should neulect or refuse to 
 require th(^ judi»"es to ])erform the duties assii*-iiedi to 
 them under the act. This act was repealed (except as 
 respe<ts elections ]n*eviously ht'ld) in the session of 18*74 
 by another, introduced by Mr. Fournier, subsequently 
 minister of justice," and makiii^T; mon* ample provision for 
 the trial of controverted elections. As it has been stated 
 elsewhere, some of the judj^es in thc^ provin<'es of New 
 Brunswick and Quebec questioned th(^ constitutional 
 power of the dominion Parliament to constitute election 
 courts in the way proposed, and the matter was referred 
 to the supreme court of Canada and eventually to the 
 judicial committee of the privy council, both of which 
 tribunals decided that the act was constitutional.' The 
 statute ^ provides that the judij-es of the following courts 
 shall try election petitions : In the province of Ontario, 
 of the courts of error and appeal, queen's bench, 
 common pleas and chancery, and the chancellor and vice- 
 chancellors of the said court. In Quebec, of the supe- 
 rior court. In Nova Scotia, New Brunswick, British 
 Columbia, and Prince Edward Island, of the -supreme 
 court. In Manitoba, of the court of queen's bench. By 
 the Ontario Judicature Act of 1881, the several courts of 
 that province, mentioned above, w^ere united and constf- 
 tuted one " supreme court of judicature for Ontario," 
 consisting of two permanent divisions, called respectively, 
 
 »36 Vict., c. 28. 
 
 ^Now one of the judges of the supreme court of Canada. 
 
 ^See sapra p. S3. 
 
 *37 VL3t., 3. 10. 
 
120 THE SENATE AND HOUSE OF COMMONS. 
 
 1st, " the high court of justice for Ontario," aud, 2nd, 
 " the court of appeal for Ontario." The courts of queen's 
 bench, chancery, and common pleas became divisions of 
 the high court. After the elections of 1882, petitions were 
 filed in the common pleas and queen's bench divisions of 
 the high court, and Mr. Justice Cameron held that the 
 court had no jurisdiction ; that the courts of appeal, queen's 
 bench, common pleas and chancery, named in the Con- 
 troverted Elections Act of 18*74, are still existing courts 
 for the trial of such petitions ; that these courts are not 
 the same as the divisions of the high court which are 
 branches of that court, and not distinct courts. The 
 supreme court of Canada, on appeal, held that the act in 
 question makes the high court of justice and its several 
 •divisions a continuation of the existing courts, and that 
 the high court of justice (queen's bench and other divisions) 
 lias, under a new name, the same jurisdiction in dominion 
 controverted elections as had the courts named in the said 
 act of 1874.' 
 
 Under the Controverted Elections Act of 1874, the judge 
 must report and certify the result to the speaker, and m.ay 
 also make a special report as to any matters arising in the 
 course of the trial, an account of which ought, in his 
 judgment, to be submitted to the House of Commons. 
 Provision is made for appeal from the decision of the 
 judge in any province, and the manner of certifying the 
 determination and decision to the speaker - upon the 
 several questions and matters of fact as well as of law. 
 The speaker must issue his warrant for a new writ at the 
 earliest practicable moment after receiving the certificate 
 and report of a judge or judges, and adopt the proceedings 
 
 iCan. Law J. [1882], 348, 400 ; lb. [1883] 240. 
 
 '^For the purposes of this act (s. 5), when the sjjeaker is absent or 
 unable to act, the clerk of the house, or any other officer for the time 
 being performing his duties, is entitled to act, and the judge should make 
 report to him accordingly. Can. Com. J., 1879, Feb. 14, Ep^t Hastings 
 and Kamouraska. Can. Com. J., 1883, Feb. 8, Kings, N.B., Joliette, etc. 
 
THE TRIAL OF COXTROVKRTED ELECTIONS. 121 
 
 necessary for confirming or altering the return or lor the 
 issue of a new writ for a new election,' When the judge 
 makes a special report, the house may make such order in 
 respect to the same as it may deem expedient. In the 
 session of 1875 the foregoing act was amended," so as to 
 provide that whenever it shall appear to the court or 
 judge that the respondent's presence at the trial is neces- 
 sary, the trial of an election petition shall not be com- 
 menced during any session of Parliament. The judge 
 m.ust also make his report, except in case of an appeal, 
 within four days after the expiration of eight days from 
 the day on which he shall have given his decision. lu 
 the session of 1875 an act was passed to establish a supreme 
 court and a court of exchequer for Canada.* Provision 
 is made therein for an appeal to this court in case any 
 party to an election petition may ba dissatisfied with the 
 decision of the judge who has tried the same on any 
 question of law or fact. The registrar of the court shall 
 certify to the speaker the judgment and decision of the 
 court upon the several questions submitted to it.^ 
 
 In the Election Act of 1874, provision is made for the 
 prevention of corrupt practices at elections. In the session 
 of 1876, two acts were passed on the same subject : 39 
 Yict., c. 9, " to make more effectual provision for the 
 
 ^Sec. 36. The first case of speaker orderin<>; clerk of the Crown to 
 alter a return was that of Mr. Plumb, of Niagara, Can. Com. J, [1879] 
 138-40. In England, in similar cases, the clerk of the Crown in Chancery 
 is ordered to attend, to amend the return, and when he obeys the order, 
 the return is amended in accordance with the judge's report. 136 
 Eng. C(mi J., 4, 5,10 (Borough of Evesham, 1881.) 
 
 =^38 Vict, c. 10. 
 
 =• 38 Vict, c. 11. Amended by 39 Vict., c. 26, and 42 Vict., c. 39. 
 
 * Mr. Langevin's case, J 877 ; Mr. Laflamme's case, 187S. Also, Jour. 
 <1880-1), 2, 3, 220, 222. In conformity with 37 Vict., c. 10, s. 36, and 38 
 Vict., c. 11, s. 48, the speaker in 1883 issued his warrant to the clerk of 
 the Crown directing him to alter the return for Queen's County, P. E. L, 
 as the legal consequence of the decision of the suj)reme court of Canada 
 on an election appeal. Jour., pp. 61-3. 
 
122 THE SEyATE AXn HOV^E OF COMMONS. 
 
 administriition of the law ri'lating" to corrupt practices 
 at elections of members of the House of Commons," 
 and 39 Vict., c. 10, " to j^rovide for more effectual inquiry 
 into the existence of corrupt practices at elections of 
 members of the House of Commons." The latter statute 
 provides for more effectual inquiry into corrupt practices 
 by a commissioner or commissioners, on an address to the 
 governor-general representing that a judge in his report 
 on the trial of a petition states that such further inquiry 
 is desirable, or on an address setting forth that a petition 
 has been presented to the house, signed by 25 or more 
 electors of the district, stating that no petition had been 
 presented under the Controverted Elections Act, and 
 asking for inquiry into corrupt practices which, there is 
 reason to believe, extensively prevailed at the election. 
 Only one case has so far occurred under this statute : the 
 petition of certain electors of South Grrenville, which was 
 referred to the standing committee on privileges, in 1879^ 
 but no report was ever made on the subject.^ This statute 
 was amended in 18*79,^ so as to require secuiity to be given 
 to meet the expenses of the inquiry in certain cases. One 
 thousand dollars miust be deposited with the accountant 
 of the house before the petition under the act can be 
 received. The certificate of the accountant that the money 
 has been deposited must be attached to the petition on 
 its presentation. 
 
 Since the House of Commons has divested itself 
 of its original jurisdiction for the trial of all matters 
 touching the election return of its members, petitions 
 calling into question the right of a member to his 
 seat have been ruled out on two occasions — the sense of 
 the house being unmistakably in favour of the principle 
 laid down that it is most inexpedient to re-open an elec- 
 tion case after it had been disposed of in the courts in 
 
 1 Can. Com. J., (1879) 70. 
 
 2 42 Vict., c. 6. 
 
ISSUE OF wniTS. 123 
 
 accordance with law.' It is admitted, howcvor, that the 
 house is bound to take notice of any h^u'al disabilities 
 affectini^ its members, and to issue writs in the room of 
 members adjndi>ed to be ini^apable of sitting'." In fact, 
 there is authority to show that the very sam«» question 
 whi<h miirht have been dett^rmined, upon petition, by an 
 election judge, has been adjudg«Ml by the house itself.* In 
 a recent election case, a court in Ontario unanimously held 
 that " the rig'ht to deal with all matters affecting: the 
 election and return of its members belong-s to the House of 
 Commons, except so far only as the Parliament of Canada 
 has expressly devolved on the courts certain express duties 
 and powers respecting elections. The House of Commons 
 retains all powers that it has not expressly given up."* 
 
 In any case, it is always regular to receive a petition 
 setting forth a grievance, and praying for a remedy, pro- 
 viding that it does not question the return of a member 
 within the meaning of the Controverted Elections Act of 
 1874, which enacts (s. 63) that no election or return 
 shall be questioned except in accordance with the provi- 
 sions of the act. 
 
 IV. Issue of Writs. — In the session of 1817, some remarks 
 were made as to the power of the house to order the issue of 
 writs when seats have become vacant by a decision of a 
 court. It was doubted whether such an order was neces- 
 
 ^Can. Com. J., (1874)82; lb. (1880-81) 199-200; Can. Hans. ("1880-81) 
 823-830. See Amos's British Cons., p. 445. 
 
 '■'May, 723-4. See O'Donovan Rossa and other cases, infra p. 149. 
 
 3 Sydney AVaterlow case, 124 E. Com J., 12, 43, 82, 88. Sir Erskine May 
 (p. 723) appears to take the ground that after the time has expired for 
 receivinj: election petitions, the house is not only free, but legally bounds 
 to determine all questions affecting the seats of its members. 
 
 *In Be Centre AVellington election, 44 U. C, Q. B., 132. 
 
 ° So ruled by speaker of English Commons in case of a X)etition from 
 electors of Peebles and Selkirk complaining that certain voters, at the last 
 general election, had qualifications of an illusory character. 194 E. Hans. 
 (3) 1185. 
 
124 THE SENATE AND HOUSE OF COMMONS. 
 
 sary under the Canadian Elections Act. Subsequently, Mr. 
 Speaker Anj^lin took occasion to inform the house that on 
 lookin^^into the question he had found that the English 
 Controverted Elections Act' left the power in the house to 
 order the immediate issue of a writ on being informed of a 
 vacancy through the decision of an election court. The 
 Canadian statute,^ on the other hand, made it the express 
 duty of the speaker to order the issue of the writ. It is 
 now the practice for the speaker to inform the house 
 immediately when he has given his orders for the issue 
 of a writ for a new election.^ In all cases, however, not 
 specified by statute, the house retains its control over the 
 issue of writs, and may order the speaker to issue his 
 w^arrant.^ In England, the usual motion for a new writ 
 is made in all cases by a member when the house is in 
 session.'^ 
 
 VIII. Dual Representation. — For more than one session 
 of the first Parliament, members were entitled to sit 
 not only in the House of Commons, but in the legis- 
 lative assemblies of Ontario and Quebec as well. But 
 the legislatures of Nova Scotia and New Brunswick 
 had passed acts previous to entering the confedera- 
 tion, by which no person being a member of the Senate or 
 House of Commons should be capable of sitting or voting 
 in either branch of the legislatures of those provinces.*^ 
 Since 1872, several acts have been passed to prevent dual 
 
 ^ 31 and 32 Vict., o. 125, e. 13, Imp. Stat. 
 
 237 Vict,, c. 10, s. 36, Dom. Stat. 
 
 ' Can. Hans., INIarch 1st and 5th, 1877 ; Jour. (1877), 85, 86. 
 
 * Cases of Louis Kiel, expelled, infra p. 151 ; of O'Donovan Rossa, infra p. 
 149. See Can. Hans. (1875), 320, for opinions of Sir J. ]Macdonald and Mr. 
 Fournier. The Controverted Elections Act and Independence of Parlia- 
 ment Act give authority to speaker ; 39 Vict., c. 10, s. 2. provides for cases 
 where no new writ for a new election (under the 36th s. of the Contro- 
 verted Elections Act, 1874) shall issue, save by order of the house. 
 
 s 131 E. Com. J., 50, 55. 
 
 « 30 Vict., c. 3, Nova S. Stat, of 1867 ; 30 Vict., c. 20, New B. Stat, of 1867. 
 
DUAL KEPnESESTATION. 1£5 
 
 reprosentation. Tho dominion law, as it now stands, 
 renders members of the legisliitivc councils and legislative- 
 assemblies of the provinces, now included, or which may 
 hereafter be included, within the dominion, ineligible for 
 sitting or voting in th«^ House of Commons. A member 
 of the House of Commons who accepts a seat in a provin- 
 cial legislature must vacate his seat in the former ])ody, 
 and any person who violates the act is liable to a penalty 
 of $2,000 for every day he sits and votes illegally.' l>y 
 reference to notes below" it will be seen that statutes of* 
 the several provincial legislatures now provide that no 
 senator or member of the House of Commons shall sit in 
 the legislative councils or assemblies of the provinces. A 
 senator may, however, sit in the legislative council of 
 Quebec,^ and could do so in the Manitoba assembly, until 
 the law was changed in that province before the elections 
 of 1888.^ 
 
 In the session of 18*74 a question arose as to the eligibility 
 of Mr. Perry, one of the members for Prince Edward Island, 
 on account of an irregularity in his resignation as a mem- ^ 
 
 ^ 35 Vict, c. 15 ; 36 Vict., c. 2, Dom. Stat 
 
 * Cons. Stat, of Ontario, 1877, c. 12, ss. 5 and 6, provides that no privy 
 councillor or senator of the dominion or member of the house of commons 
 shall be eligible as a member of the legislative assembly of Ontario. An 
 act of P. E. Island (39 Vict., c. 3) renders members of the senate and 
 house of commons ineligible as members of the legislative council or 
 house of assembly of the province. No member of the house of commons 
 can sit in British Columbia assembly (B. C. Cons. Stat, 1877, c. 4^, ss. 15, 
 25). No member of the legislature of any province, nor of the house of 
 commons, can sit in the Manitoba assembly (Man. Cons. Stat., c. 5, s. 30. 
 See note 4 below.) 
 
 ' Senator Ferrier has represented Victoria division in the Quebec legis- 
 lative council since 1867. Pari. Comp., 1883, p. 56. See sub-s. 2, s. 2, c. 
 3, 32 Vict., Quebec Stat. But no senator or member of the commons 
 shall be eligible as a member of the legislative assembly of Quebec ; 37 
 "Vict, c. 4, Quebec Stat. 
 
 * Senator Girard not only sat in the Manitoba assembly, but was a 
 member of the government of the province for years. Pari. Companion, 
 1883, p. 58. The law was amended in 1881 by 44 Vict, c. 29, Man. Stat. 
 
126 THE SEX ATE AXD HOUSE OF CO}f}fOXS. 
 
 bor of the logisliit i vo assembly of that province. It appears 
 that Mr. Perry, who was speaker of the local house, resigned 
 his seat by a letter addressed to the lieutenant-i»;overnor 
 of the Island, and the point at issue was whethm- there was 
 any legal resignation of his seat in the legislature when 
 hv became a candidate for the House of Commons. The 
 matter was ref«^rred to the committee on privileges and 
 elections, whieh reported that he had taken every step in 
 his power to divest himself of his position as a member 
 of the legislative assembly, and that according to the 
 spirit and intent of the dominion act of 1873 (30 Vict. c. 2), 
 he was not disqualified to be a candidate at the election, 
 or to sit and vott; in the House of Commons ; but under 
 all the circumstances the committee recommended that an 
 act of indemnity be passed to remove all doubt as to his 
 rijrht to sit and vote in Parliament. An act was accord- 
 ingly x)assed in the same session.' 
 
 In the session of 1883, the first after the general elections 
 of 1882, the clerk of the crown in chancery gave in " a 
 double return," (as he called it in his return book) " for the 
 electoral district of Kings, Prince Edward Island. Accord- 
 ingly both members were duly sworn by the clerk, though 
 neither, of course, took his seat or attempted to vote. 
 From the return of the returning officer, it appears that the 
 county of Kings is entitled to send two members to the 
 House of Commons ; that Mr. Mclntyre received " a legal 
 majority of votes," and of his due election there was no ques- 
 tion ; .that Mr. James Edwin Robertson received the next 
 highest number of votes ; but it having been represented 
 to the returning officer at the summing up of the votes by 
 
 1 Can. Com. J. (1874), 50, 51, 55 ; 37 Vict., c. 11 ; Pari. Deb., p. 16. Mr. 
 Perry did not take his seat until the question was settled by the house 
 as above. 
 
 - Can. Com. J. (1883), 1. The question was raised in debate whether 
 the return made in this case was not rather in the nature of a special 
 return, and whether a double return can now be made if the provisions 
 of the Elections Act of 1874 are properly carried out. See infra p. 141. 
 
JJUAL JiEI'IiKSEXTATloy. 127 
 
 o'rtain I'leclors that Mr. llobcrtsou at the timo of his nom- 
 ination as a candidate, and at the time of the hoklini^of the 
 election was a member of the honse of assembly of tln't 
 Island, he wns, consequently, in the opinion of the return- 
 ing oIFicer, " disqualilied to be elected as a menil)cr of the 
 House of Commons."' Accordingly he certilied that " Mr. 
 Augustine C^olin MacDonald, a candidate at such election 
 duly qualified, had the next highest nuni})er of votes 
 lawfully given at such election," and he " made this return 
 respecting the said J. E. Robertson and A. C. MacDonald 
 for the information of all whom it may concern." When 
 this extraordinary case came before the house in due form, 
 it gave rise to a very earnest debate, in which very contra- 
 dictory opinions were expressed as to the conduct of the 
 returning officer. The whole matter was finally referred 
 to the committee on privileges and elections, though not 
 until an amendment had been moved by Mr. Kobertson's 
 friends to the effect that inasmui-h as he had the second 
 highest number of votes at the election he ought to have 
 been returned as one of the members, and that he had 
 a right to take his seat, " saving, however, to all candidates 
 and others their rights of contesting the election in accord- 
 ance with law and justice," Both in the house and before 
 the committee it was contended that, by the dominion 
 Elections Act of 1874, " after a candidate has been accepted 
 as duly nominated by the returning officer and declared by 
 him to the electors as such candidate, the returning officer 
 has no poiver or right to reject such candidate, or f he has 
 a majority of votes upon their summing up to refuse to 
 return him as elected." A majority of the committee, 
 however, came to the conclusion after the hearing of 
 evidence and elaborate arguments on the various points 
 at issue, that Mr. Robertson had never legally resigned 
 his seat, and that he was at the time of his election a 
 member of the house of assembly of Prince Edward 
 Island ; that an act of that province (39 Vict. c. 3), made it 
 illegal for any member of the House of Commons to be 
 
128 THE sf.satj: a\!> ikh'se or commoss. 
 
 ('h'ctcMl to sit or voto in the lioiisi' of iissom))ly ; that 
 accordinc^ to th«^ oxpross tormsof tho socoiid s«'(tioii' of tlu» 
 (lomiiiioii sut of ISTii (;{.') Vict. «•. 1')), tin; majority of votes 
 ^•iveii for Mr. Itolxntson wero thrown away ; that it was 
 the duty of the rcturnini? olhn'r to return Mr. MacDonald 
 as th(3 candidate, he heini^ otht'rwise eliui})h' and haviui"- 
 the next highest num}>«'r of votes; that the return to the 
 writ of election should be amend«'d accordinirly. When 
 the report came before tin; house for iinal adoption, very 
 eonflictini? opinions were again given on the ])oints at 
 issue. Amendments were moved to the effect, — l«t. That 
 it was the duty of the returning olficer to have returned 
 Mr. Robertson as elected ; 2nd. That steps should be taken 
 to refer the points in doubt to the supreme court of Canada ; 
 3rd. That the house having declined to decide that Mr. 
 Robertson should have been returned, the election should 
 be declared null and void. The report was finally concurred 
 in, and the clerk of the crown ordered to amend the return 
 so as to declare Mr. MacDonald elected, " as having had 
 the next highest number of votes lawfully given at such 
 election" ; and this having been done, Mr. MacDonald took 
 his seat and voted during the remainder of the session.- 
 
 Ylll. The Independence of Parliament.— In the old legisla- 
 tures of Canada, judges and other public olficers were 
 allowed to sit for many years in both houses, until at 
 last the imperial government yielded to the strong remons- 
 
 ' This section reads : " If any member of a provincial legislature shall, 
 notwithstanding his disqualification as in the preceding section men- 
 tioned, receive a majority of votes at any such election, such majority of 
 votes shall be thrown away, and it shall be the duty of the returning 
 officer to return tlie person having the next greatest number of votes, 
 provided he be otherwise eligible." 
 
 2 Can. Com. J. and Hans., 1883, Feb. 19th, March 1st and 9th, and 25th 
 April. App. No. 2. The writer has confined himself to a review of the 
 most material points raised on a question of a very perplexing character. 
 This decision of the house, it is evident, gives very large powers to return- 
 ing officers. 
 
TnE Txn FPKXD Excr: or pari fa .veat. 1 29 
 
 traiuvR of tho jrrcat majority of th«» roproscntatiTcs in thr 
 asst»ml)li«'s, and «»xprt's.si'tl th( ir r»'ailiucss to assnit to such 
 l«'i^islatiou as inii^ht bo nccossary to rciulor tho h'u-islaturi's 
 intlopciidoiit of olUcial iiilliuMU'o. Sov( ral .statutes wore 
 passed in tho courso of timo by tho h'^"islaturos of Upper 
 and Lovvor C^anada, prohil)itini^ Judgos from sittint^ in tho 
 loi(ishitivo assomblios ;' but all attompts to prevent them 
 from sittinjT in the legishitive council wert> rendered nuj^a- 
 tory by tho opposition i^iven in that house to all measures 
 in that direction.' Legislation in tho two provinces also 
 provided for a mt^mber vacating his seat, in case of his 
 acceptance of certain offices, but such appointm«'nt was 
 not to bar his re-election to the house. Here we see the 
 first step taken to require members of the executive coun- 
 cil to vacate their seats, and seek re-election at the hands 
 of the people/ 
 
 After the union between Upper and Lower Canada, the 
 legislature of the united provinces took up the question 
 of the independence of Parliament, and endeavoured, as 
 far as possible, to follow the example which had long 
 before been given them by the parent state in this matter. 
 
 ' Garneau, vol. ii., p. 236, refers to the number of placemen in tho old 
 Lower Canada assembly : " The elections of IHOO returned as members of 
 the assembly ten government placemen (or one-fifth of the entire 
 number), namely, four executive councillors, three judges, and three 
 other state officials." 
 
 2 7 Will. IV., c. 114, Upp. Can. Stat. See 51 Geo. III., c. 4., Lower Can. 
 Stat. 
 
 ^ The strong opinions of the imperial authorities as to the independence 
 of the bench and the legislature may be understood by reference to a 
 despatch of Viscount Goderich, 8th Feb., 1831, in which he recommends the 
 application of the English system under which judges are independent 
 of the Crown. He thought, however, the chief justice might well remain 
 a member of the legislative council, in order that they might have the 
 benefit of his legal knowledge, but " his Majesty recommends even to 
 that high officer a careful abstinence from all proceedings by which he 
 might be involved in any contention of a party nature." Lower C. J. 
 (1831), 53. 
 
 * 7 Will. IV., c. 114, Upp. Can. Stat. ; 4 Will. IV., c. 32, Lower Can. Stat 
 
 9 
 
130 THE SENATE AXD IIOVSE OF COMMONS. 
 
 Ill 1843, Attorney-G eneral Lafoutniiie presented a bill enti- 
 tled " an act for better sev3uring the independence of the 
 legislative assembly of this province." This bill became 
 law' in 1844, and has formed the basis of all subsequent 
 legislation in this country. Judges and other jDublic 
 ollicers, as well as contractors with the government, were 
 jspecifically disqualified from sitting and voting in the 
 assembly, and were liable to a heavy penalty should they 
 violate the law. Seats of members accepting offices of 
 profit from the crown had to be vacated, and writs for 
 new elections issued forthwith ; but all persons, not 
 disqualified under the act, could be again returned to the 
 assembly — a provision intended to apply to members of 
 the executive council. In 185*7, Solicitor-Greneral Smith 
 introduced an act amending the foregoing statute in several 
 important particulars, with a view of giving the principle 
 embodied in the law more extensive application. Under 
 the act,^ no person, accepting or holding any office, commis- 
 sion or employment, permanent or temporary, at the 
 nomination of the Crown in the province, to which an 
 annual salary, or any fee, allowance, or emolument or 
 profit of any kind or amou.nt whatever from the Crown, is 
 attached, shall be eligible as a member of the legislative 
 council, or of the legislative assembly.'^ During the first 
 session of the first Parliament of the dominion, the act 
 of 185*7 was re-enacted,' with several amendments that 
 were necessary under the new state of things, but the great 
 principle involved in such legislation — of preserving the 
 independence of Parliament — was steadily kept in view. 
 It was provided, however, that one of the commissioners 
 
 ' 7 Vict., c. Oo. Assented to by her Majesty in council, ITtli 
 April, 1844. Amended by 16 Vict., c 1-54, and 18 Vict., c. 86, certain 
 doubts having arisen as to sections of the act of 1843. 
 
 - 20 Vict., c. 22, Can. Stat. 
 
 '^ See Consol. Stat, of Canada, chap. iii. Amended in resided to recov- 
 ery of penalties by 29 Vict., c. 1. 
 
 * 31 Vict., c. 25, am. in 1871 by 34 Vict., c. 19. 
 
THE IXD IJPEXD EXCE OF PA R L Li }fEXT. 131 
 
 of the intercolonial rr-lway, or any officer of her Majesty's 
 army or navy, or any officer in the militia, or militiaman, 
 (except officers on the staff of the militia receiving perma- 
 nent salaries) might sit in the house.^ 
 
 In the session of 18Y7, attention was called in the House 
 of Commons to the fact that a number of members appeared 
 to have inadvertently infringed the third section of the 
 act, which is as follows : 
 
 "No person whosoevei- holding oi- enjoying, undertaking or 
 executing, directly or indirectly, alone or with any other, by 
 himself or by the interposition of any trustee or third party, any 
 contract or agreement with her Majesty, or with any public 
 officer or department, with respect to the public service of Canada, 
 or under which any public money of Canada is to be paid for any 
 service or work, shall be eli2;il)le as a member of the House of 
 Commons, nor shall he sit or vote in the same." 
 
 Some doubts arose as to the meaning of the word " con- 
 tract " under the foregoing section, and all the cases in 
 which members were supposed to have brought themselves 
 within the intent of the statute were referred to the com- 
 mittee on privileges. In the several cases so referred, 
 it was alleged : That Mr. Anglin, speaker, who was 
 editor and proprietor of a newspaper, had received public 
 money in payment for printing and stationery furnished 
 *' per agreement " to the post-office department.- That Mr. 
 Currier was a member of a firm which had supplied 
 some lumber to the department of public works.' That 
 Mr. Norris was one of the proprietors of a line of steamers 
 upon the lakes which had carried rails for the government.^ 
 That Mr. Burpee was a member of a firm which was 
 supplying certain iron goods to government railways.' 
 That Mr. Moffatt was interested in, and had been paid 
 for, the transport of rails for the government.'^ That Mr. 
 
 ' 31 Vict., c. 25, s. 1, sub-s. 3. 
 
 - Can. Com. J. (1877), 233, 234, 235, 230, 265, 357, and app. No. 8. 
 
 '76.263. * 76. 264. » J6. 313. « 76. 315. 
 
132 THE SENATE AND HOUSE OF CO}fMONS. 
 
 T. Workman was a member of a firm iuterested in the 
 supply of hardware to the department of public works/ 
 That Mr. A. Desjardins was editor and publisher of the 
 '' Nouveau Monde,'''' which had received public money for 
 government advertisements and printing.^ Both Mr. Cur- 
 rier and Mr. Norris, believing that they had unwittingly 
 infringed the law, resigned their seats during the session.^ 
 In only one case, that of Mr. Anglin, were the committee 
 able to report, owing to the lateness of the session. In 
 this case, which caused much discussion, the committee 
 came to the conclusion that the election was void, inas- 
 much as Mr. Anglin became a party to a contract with 
 the postmaster-general, but that "it appeared, from Mr. 
 Anglin's evidence, that his action was taken under the 
 bona fide belief, founded on the precedent and practice 
 hereinafter stated, that he was not thereby holding, enjoy- 
 ing, or undertaking, any contract or agreement within the 
 section."* In the Eussell case of 1864, the precedent referred 
 to in the report, an election committee of the legislative 
 assembly of Canada found that the publication, by the 
 member for Russell, of advertisements for the public ser- 
 vice, paid for with the public moneys, did not create a 
 contract within the meaning of the act. On the other 
 hand, the committee of 18Yt came to the conclusion that 
 the decision of 1864 was erroneous. It appeared from the 
 evidence taken by that committee, and from the public 
 accounts of the dominion, tha,t "between 186t and 1873, 
 numerous orders, given by public officers, for the insertion 
 of advertisements connected with the public service were 
 fulfilled, and various sums of public money were paid 
 therefor to members of parliament." It was never alleged 
 at the time that these members were disqualifi.ed, but the 
 
 ^ Can. Com. J. (1877), 325. 
 •^ Ih. 326. 
 
 3 Mr. Currier, lb. 270 ; Hans. 1513 ; Mr. Norris, Jour. p. 282 ; Hans., 1568. 
 
 * Can. Com. J. (1877), 357, app. No. 8. Hans., pp. 1267, 1303. 
 
THE INDEPENDENCE OF PARLIAMENT. 133 
 
 committee were of opinion, nevertheless, that " according 
 to the true construction of the act for securing the inde- 
 pendence of Parliament, the transactions in question did 
 constitute disqualifying contracts." The result of this re- 
 port was the resignation, during the recess, of Mr. Anglrn, 
 Mr. Molfatt, and some other members who had entered 
 into " disqualifying contracts," according to the strict in- 
 terpretation of the law given by the committee.' In con- 
 cluding their report the committee of 18t7 stated their 
 opinion that the act required careful revision and amend- 
 ment. During the debate on the act there was a general 
 expression of opinion that the penalty (S2,000 a day) 
 was exorbitant. Some actions for the recovery of the 
 penalty having been entered against several members for 
 alleged violations of the act, the government introduced a 
 bill for the purpose, as set forth in the preamble, of re- 
 lieving from the pecuniary penalty under the statute, such 
 persons as may have unwittingly rendered themselves 
 liable to the same. The act applied, however, only to those 
 persons who may have sat or voted at any time up to the 
 end of that session of Parliament.^ 
 
 In the session of 1878, the minister of justice, Mr. La- 
 flamme, introduced a bill " to further secure the indepen- 
 dence of Parliament." ^ Amonj? the clauses in the orij^inal 
 bill was one declaring ineligible any person " entitled to 
 any superannuation or retiring allowance from the gov- 
 ernment of Canada"; but this provision, which evoked 
 much opposition, was rejected by the Senate.^ As the law 
 
 ^ Messrs. Jones and Vail also resigned their seats, being stockholders 
 in a company which had performed printing and advertising for the gov- 
 ernment. Hans. (1878), 126. Mr. Mitchell also resigned, p. 13. Messrs. 
 Burpee, Workman and Desjardins did not resign, as they had not vio- 
 lated the provisions of the act. See Hans. (1877), 1709, 1809, 1810. 
 
 ■*40 Vict., c. 2. Can. Hans. [1877], 1851-67. 
 
 Ml Vict. c. 5. Sen. Deb. [1878], 825, 870, 980. Can. Hans. [1878], 369, 
 1226, 1327, 2008, 2038, 2546, 2551. 
 
 *Can. Hans. [1878], 1229, Mr. Masson; 1235 (Sir J. Macdonald), 2008, 
 2038. 
 
134 THE SENATE AND HOUSE OF COMMONS. 
 
 now stands " no person accepting or holding" any office, 
 commission or employment, permanent or temporary, in 
 the service of the government of Canada, at the nomina- 
 tion of the Crown, or at the nomination of any of the 
 officers of the government of Canada, to which any salary, 
 fee, wages, allowance, or emolument, or profit of any kind 
 is attached " is eligible as a member of the House of 
 Commons. The officios of sheriff, registrar of deeds, clerk 
 of the peace, or county crown attorney in any of the pro- 
 vinces of Canada are expressly disqualilied. The provisions 
 with respect to contracts are made more definite and 
 stringent. Among other things it is provided that " in 
 every contract, agreement, or commission to be made, 
 entered into or accepted by any person with the govern- 
 ment of Canada, or any of the departments or officers of 
 the government of Canada, there shall be inserted an 
 express condition that no member of the House of Com- 
 mons shall be admitted to any share or part of such con- 
 tract, agreement, or commission, or to any benefit to arise 
 therefrom." No member of the Senate shall directly or 
 indirectly be concerned in any contract under which the 
 public money of Canada is to be paid. Any person dis- 
 qualified as a contractor or otherwise under the act shall 
 forfeit the sum of two hundred dollars for every day on 
 which he sits and votes. Any person admitting'a member 
 to a share in a contract shall forfeit and pay the sum of 
 two thousand dollars for every such offence. Provision is 
 also made that no senator can become a government con- 
 tractor and in case of a contravention of the statute he shall 
 forfeit two hundred dollars for every day during which he 
 continues a party to such contract. Proceedings for the 
 recovery of a penalty must be taken within twelve months 
 after it has been incurred. In addition to the clause pro- 
 viding for the re-election of members accepting office in 
 the privy council, it is provided, as in the act of 1867, that 
 a minister need not vacate his seat if he resigns his office, 
 and accepts another in the same ministry within one month 
 
TIIK iyDEI'KXDKX( E <> F P. i RL L I .VA'.VT. 1 35 
 
 after his resignation " unless " — and this Avas added in 
 18t8 — " the administration of which he was a member shall 
 have resigned, and a new administration shall have been 
 formed, and shall have occupied the said offices." ^ 
 
 The second section also provides that nothing in the 
 statute shall render ineligible persons holding the several 
 cabinet offices, "or any office which may be hereafter 
 created, to be held by a member of the queen's privy 
 council for Canada, and entitling him to be a minister of 
 the Crown, or shall disqualify him to sit and vote in the 
 House of Commons, provided he be elected while holding- 
 such office and be not otherwise disqualified." " 
 
 The statute does not apj^ly to a member of either house 
 who is a shareholder in any incorporated company, having 
 
 ' This provision is intended to guard against a reix^tition of what 
 actually occurred in the history of Canada during the administration of 
 Sir Edmund Head. Com. Hans. [1878], 1227, The facts of this 
 remarkable episode in the constitutional history of Canada may be 
 briefly stated as follows : In the session of 185S, the Macdonald-Cartier 
 ministry resigned on the question of the seat of government, and were 
 succeeded by the Brown-Dorion administration. The latter, however, 
 resigned almost immediately on account of the refusal of tlie governor- 
 general (Sir Edmund Head) to dissolve a parliament just elected, an<lfor 
 other reasons which hejgaveat length. The Cartier-Macdonald minis- 
 try which followed comprised all the members of the Macdonald-Cartier 
 cabinet with two excfeptions. The old ministers 'resumed their seats 
 without re-election by availing themselves of the seventh section in the 
 Independence of Parliament Act, allowing a minister to resign his 
 office and accept another before the expiration of a month. Then having 
 complied with the letter of the law, they resumed their old offices in the 
 ministry. This action of the members of the old cabinet provoked 
 much discussion in and out of Parliament ; bxit it was sustained by a 
 majority of the legislative assembly, and subsequently by decisions of 
 the courts. Todd's Pari. Gov. in the Colonies, pp. 528-537. Dent's Canada 
 since the union, vol. ii. 369, et seq. Leg. Ass. J. [1858], 973-970, 1001. 17 
 U. C. Q. B., 310 ; 8 U. C. C. P. 479. 
 
 - In explaining this amendment to the law, when the bill was before 
 parliament, the minister of justice stated that it was made with the 
 object " of avoiding the re-enactment of the Independence of Parliament 
 Act to apply to new ministerial offices which should be created." Hans. 
 [1878], 1227. 
 
136 THE SENATE AND HOUSE OF COMMONS. 
 
 a contract with the dominion govornmont, unless it be a 
 company having a contract for the construction of the 
 Canadian Pacific Railway or other public works. Nor 
 does it disqualify any contractor for the loan of money or 
 of securities for the payment of money to the dominion 
 government under the authority of Parliament, after public 
 competition, or respecting the purchase or payment of the 
 public stock or debentures of Canada, on terms common 
 to all persons. The provision in the act of 186*7-8 res- 
 pecting the militia is continued. 
 
 In the first session of the Parliament of the dominion, 
 Mr. Holton and Mr. Blake called the attention of the house 
 to some important questions affecting the right of a number 
 of members to hold their seats in the Commons ; and though 
 the matter is now one of those dead issues not likely to 
 •occur again, it will not be without interest to explain its 
 origin and ultimate determination. The first question 
 raised was this — Whether those gentlemen who were 
 ministers of the Crown in the provinces of Ontario and 
 Quebec were, or were not, precluded from sitting and 
 voting in the House of Commons under the Independence 
 ■of Parliament Act ? The second question was — Whether 
 the members of the privy council of Canada did not hold 
 offices of profit and emolument which brought them under « 
 the operation bf the said act, and consequently disqualified 
 them from sitting and voting in the house ? ^ By the 
 41st section of the British North America Act, 186Y, the 
 Independence of Parliament Act of old Canada was con- 
 tinued in force until changed by the dominion Parliament. 
 Consequently it v/as urged that those members who were 
 members of the privy council of Canada, and of the exe- 
 cutive councils of Ontario and Quebec, held offices, at the 
 time of their election, which *' by reason of the expectation 
 that salaries or emoluments w^ould be attached to them," 
 might be considered as offices of profit under the Crown. 
 
 ^ Pari. Deb. [1867-8], 37-38, 46-48. 
 
RESIGXATIOX OF MEMBERS. 137 
 
 Much difference of opinion was expressed in the house on 
 the subject, and the first point, as to the eligibility of 
 members of the provincial executive councils, was referred 
 to the committee on privileges and elections who decided, 
 after due consideration, that those gentlemen " have a 
 legal right to sit and vote in the House of Commons, 
 and are not disqualified from so doing by holding the 
 offices above mentioned." ' The other point as to the 
 eligibility of the members of the privy council was not 
 referred to the committee — a motion to that effect having, 
 after debate thereon, been withdrawn." The issue of the 
 controversy was the introduction and passage of an act to 
 remove all doubts as to the matters in question.* 
 
 IX. Resignation of Members. — In the Independence of Par- 
 liament Act * ample provision is made for the resignation 
 of members during a session or the prorogation of I^arlia- 
 ment. A member may resign his seat by giving notice 
 formally in his place in the house of his intention to do so — 
 which notice must be entered by the clerk on the journals — 
 or by addressing and delivering to the speaker a declaration 
 of his intention, made under his hand and seal before two 
 witnesses, either during the session or in the interval be- 
 tween tvo sessions — which declaration must also be duly 
 
 ^ Can. Com. J. [1867-8], 45. In this connection see report of select com- 
 mittee of Imperial House of Commons in 1878-9 on Sir B. O'Loghlen's elec- 
 tion for the County of Clare. His seat was declared vacant because he 
 had accepted office " under the Crown " in the colony of Victoria, Aus- 
 tralia, 245 E. Hans. (3), 258, 437, 516, 1104, 1185. He accepted the office 
 of attorney-general. No. 130, Pari. P., 1878-9, vol. viii. 
 
 ^ Can. Com. J., pp. 38, 40. 
 
 ^ 31 Vict., c. 26. This act also declared the queen's printer of Nova 
 Scotia capable of sitting and voting in the house, Mr. Macdonald, of 
 Lunenburg, N.S., holding that office at the time. The preamble of 
 the act sets forth very fully the reasons for the legislation, and any one 
 desirous of more information will obtain it by reference to the act and 
 the reports of debates. 
 
 *41 Vict., c. 5 Dom. Stat, s. 12-15 inclusive. 
 
138 rilE SENATE AND HOUSE OF COMMONS. 
 
 entered on the journals.' When these prt'liminuries have 
 been complied with the speaker shall Ibrtliwith issue 
 his warrant lor the issue of a writ for a now election.^ 
 But no member can so resign his seat while his election is 
 lawfully contested ; nor until after the expiration of the 
 time during- which it may be contested on other grounds 
 than corruption and bribery. If a member wishes to resign 
 his seat during the prorogation of Tarl lament, and there is 
 no speaker, or the member himself is the speaker, he may 
 address a declaration of his intention to two members who 
 shall thereupon order the issue of a writ for a new election.' 
 In case of a vacancy by death' or acceptance of office/' 
 two members may inform the speaker of the fact by notice 
 in writing — or a member may do so in his place ; and the 
 speaker will thereupon address his warrant to the clerk 
 of the crown in chancery for a writ of election. If, when 
 such vacancy occurs there be no speaker, or he be absent 
 from Canada, or if the member whose seat is vacated be 
 himself the speaker ; then, any two members may address 
 their warrant to the clerk of the crown in chancery for a 
 writ of election," Provision is also made for the issue of 
 
 ' Can. Com. J. [1877], 2(59-70 (Mr. Cu'-rier) ; 282 (:\Ir. Norris). In the 
 forrasr of these cases, which occurred during the session, both an oral 
 statement was made and a written declaration delivered. For cases- 
 during recess, see Jour. [1875], 02; Ih. [1880], 7; Ih. [1882], 4. 
 
 '^llh [1877], 270, 284. 
 
 ^Can. Com. J. [1878], 2-8. !Mr. Speaker Anglin had resigned his seat 
 soon after the prorogation in May, 1877. 
 
 *Can. Com. J. [1877], 5. It is not an unusual practice in the Commons 
 on the decease of a member to move that !Mr. Si>eaker do issue his Avar- 
 rant, &c. Jour. [1880], 1()3; lb. [ISSO-l], 247. But the express language of 
 the statute does not seem to rciiuire such a motion, and in the se.ssion of 
 1880-1 the speaker issued hia warrant in one case on receiving notification 
 from two members (District of ( "arleton, N. B.), and in another case on 
 simply being informed by a member in his place of the decease of a mem- 
 ber (Cariboo, B.C.) 
 
 5/6. [1877], 5. 
 
 */fe. [1878], 2. Mr. Laurier accepted office after resignation of Mr^ 
 Speaker Anglin. 
 
nKsraxATiox of members. I3f> ^ 
 
 a now writ for tho oloction of a momb(»r to fill up any 
 vacancy arising snbsequontly to a pronoral election and 
 befon' tho firfst mooting of the now Parliamont, by reason 
 of the doath or accoptano(» of offioo of any mombor — which 
 writ may issue at any time after such va<'ancy occurs.' 
 No provision exists in the statute for a mombor resigning | 
 his seat after a general election and before tho meeting cf 
 Parliament ; his seat becomes vacant, however, by his 
 acceptance of an office of emolument under the Crown, 
 as was done in two cases during IStS — Messrs. Ilorton and 
 Macdougall temporarily accepting such offices in order to 
 provide seats for Messrs. Cartwright and Langovin." 
 
 In case a member is returned for two constituencies he 
 must make his election for which of the places he will 
 serve by formally resigning his seat when the house is 
 in session. Under the old Controverted Elections Act, he 
 would have to wait until the expiration of the fourteen 
 days required by law for the presentation of a petition in 
 the house against his return.' The English House of 
 Commons has a sessional order requiring that " all mem- 
 bers returned for two or more places do make their election 
 
 ' In September, 1878, tlie general election resulted in the (l(>.feat of the 
 Mackenzie administration. Mr. Mackenzie soon afterwards resigned, 
 and Sir .John ^lacdonald took his place. Consequently the new ministers 
 had to be re-elected. See Journals [1879], xxv.-ix. Sir .T. ^lacdonald 
 had been defeated in Kingston, but returned by acclamation for ^Marquette, 
 in Manitoba, where the elections were held later than in Ontario. On 
 accepting office in October, his seat became vacated, and he decided to 
 sit for the district of Victoria, British Columbia, where the election 
 was held on the !21st October. See Annual Register, [1878], 211. Mr. 
 Caley , of Beauharnois, also died before the meeting of the new Parlia- 
 ment, xxix. 
 
 ^Com. J. [1870] XXV., xxix. Annual Register [1878], 210, 212. In the 
 debate on the amendments to the Independence of Parliament Act during 
 1878, several members referred to the advisability of amending the act 
 to meet such cases, but no amendments were made in this respect ; Hans, 
 p. 13.5S-9. 
 
 ' Mr. Blake returned for "West Durham and South Bruce ; he elected 
 to serve for S. Bruce ; Jour. [1873], 49. 
 
140 rilE SESATE AND HO USE OF co^r^foxs. 
 
 within Olio week after it shall appear that there is no 
 question upon the return for that place." ' If there is a 
 petition ag-ainst the return of a member, he cannot elect 
 to servi' for either until tht; matter is finally decided in 
 the (courts/ In 1882, Sir John Macdouald was returned 
 for the electoral districts of Carleton and Lennox, and a 
 petition having been regularly entered in the courts against 
 his return for Lennox, he was unable to make his election 
 for either during the session of 1883 in accordance with 
 the rule governing such cases. For a member "cannot 
 abandon the seat petitioned against, which may be proved 
 to belong of right to another, and thus render void an 
 election which may turn out to have been good in favour 
 of some other candidate ; neither can he abandon the other 
 seat, because if it should be proved that he is only entitled 
 to sit for one, he has no election to make." ^ As it has been 
 stated elsewhere, the Canadian law provides that no mem- 
 ber can resign his seat while his election is or may be 
 contested.* 
 
 In case of a " double return " each of the members elect 
 is entitled to be sworn ; but neither should sit or vote 
 until the matter has been finally determined.'' The rule 
 of the house requires that " all members returned upon 
 
 ' May, 716. This order is renewed every session. 
 
 ■'' May, 717. Mr. Gathorne Hardy, 21st Feb., 1S()0. 
 
 ■■' May, 717. See case of Mr. O'Connell in 1841, 9t> E. Com. J., 504, 59 E. 
 Hans. (3), 503. In 1842, the election committee having reported, he made 
 his election ; !)7 E. Com. J., 302. 
 
 * Supra p. 138. 
 
 ^ See case of Marquette, 1872. Both memljors were sworn and took 
 their seats, and then vv^ithdrew, whilst the case was before the committee 
 of privileges f.nd elections. For English cases see May, 660, note. In 1859 
 there were double returns for Kuaresborough and Aylesbury, which were 
 duly decided by election committees. In 1878 there was a double return 
 for South Northumberland. One of the contestants retired, and the judge 
 80 reported. The clerk of the crown in chancery was then ordered to 
 attend and amend the return by rasing out the name of one of the 
 parties. See 133 Com. J., 333. Dom. Stat., 37 Vict., c. 10, s. 59, provides 
 for a similar procedura 
 
jyTnoincTiox of membkih^. ui 
 
 double rt'tunis an' to withdraw until tlicir rrtunis ;ir«» 
 detorinincd." ' Tli«' Dominion Elections A«'t ol'lS74, (s. ♦1(1) 
 endeavours, as tar as possi})le. to prevent a doulde return, 
 since the returning' ofhcer, in ease of an equality of votes, 
 '^ shaU give a easting A'ote " — the English law in a similar 
 contingency being only permissive.'* 
 
 X. Introduction of Members.— After the first day of a new 
 Parliament, new members arc not sworn at the table, 
 but generally in the clerk's room where the roll is kept, 
 and one or more of the commissioners (the clerk being 
 always one) will be in attendance. At the beginning of a 
 Parliament, the return book, received from the clerk of the 
 Crown, is sufficient evidence of the return of a member, 
 and the oath is at once administered.* When a member is 
 returned after a general election, the clerk of the Crown 
 sends to the clerk of the Commons his certificate of the re- 
 turn to the writ " deposited of record " in the Crown office, 
 which certificate will be laid before the house by the 
 speaker.^ But members are not unfrequeutly admitted to 
 their seats, on taking the oath, before the receipt of the 
 usual certificate of the clerk of the Crown ; and in such 
 cases it is always resolved : 
 
 ' Made a standing order in 1876, Jour. p. 110. The English rule is the 
 same ; 136 E. Com. J., 8. 
 
 - Pari, and Mun. Elections Act of 1S72, s. 2. See the King's Co., P.E . L, 
 election case, mpm p. 126. Also, 37 Vict., c. 10, s. 59. Cushing in his 
 remarkably clear treatise on legislative assemblies (p. 49), gives the fol- 
 lowing definition of this class of returns : — " A writ of election, being 
 returnable on a day named in it, must be returned accordingly, whether 
 an election has taken place or not. Hence, returning officers sometimes 
 make a special return, stating all the facts where no election has been 
 made ; or a ' double return' (as it is called), where they are unable to 
 determine Avhich of two, or of two sets of candidates, has been elected." 
 If an English returning officer does not choose to give a casting vote, 
 [as happened in South Northumberland election, 1878], he will endorse 
 two certificates on the writ. 
 
 ^ Can. Com. J. [1874, 1879], p. 1, &c. 
 
 *Can. Com. J. [1877], 5, &c. 
 
142 THE SKSA TK . 1 ND HO USE OF COM MOSS. 
 
 " That ill admitting elected to 
 
 represent the; ('le«^toral district of 
 
 to take his seat uj)()n the certilic-ateof the returning' oflicer. 
 the house still recommends a strict adherence to the prac- 
 tice of requiring the production of the usual certificate of 
 the clerk of the crown in chancery of the return to the 
 writ of election." ' 
 
 In such cases, the certificate of the clerk of the crown 
 is reported to the house as soon as it is received." 
 
 As a rule, m«?mbers who come in upon new writs issued 
 after a g-eneral election, should be formally introduced to 
 the house, in accordance with the ancient custom of the 
 English Commons which is stated in these words : 
 
 " That upon new members coming into the house, they 
 be introduced to the table between two members, making- 
 their obeisances as they go up, that they may be the better 
 known to the house." ■* 
 
 The new member will be presented in these words : 
 " Mr. Speaker, I have the honour to present to you 
 
 , member for the electoral district of 
 
 who has taken the oath, and signed 
 
 the roll, and now claims the right to take his seat." The 
 
 ^Mr. Abbott, Feb. 10, 1880; Mr. Angers, Feb. 20,1880; also, Jour. 
 [1880-81], 15 and 21 Dec. The return by indenture was discontinued 
 by the Election Act of 1874. The resolution, as previously moved, 
 allowed the member to take his seat on the production of the duplicate 
 indenture only. Can. Com. J. [18G7-8], 187 ; Ih. [1G77], 190. It was pro- 
 posed in the session of 1879 to admit a member on a telegram sent to the 
 clerk of the Crown by the returning ofhcer, but the house properly refused 
 to make so dangerous a precedent. Can. Hans. [1879], 42-44. 
 
 ^Can. Com. J. [1877], 212. 
 
 •■'2 Hatsell, 85 ; May, 218 ; resolution of 23rd Feb., 1G88. This practice 
 is not followed in the case of members who come in upon petition after a 
 general election, 2 Hatsell, 85, n. This practice of introduction in the 
 English Commons is invariable. If the house considers the introduction 
 unnecessary under peculiar circumstances, the rule must be formally 
 suspended. Case of Dr. Kenoaley, 222 E. Hans, [.j], 486-7; Can. Hans. 
 [1878], 5. Mr. Perrault, Feb. 27, 1879 ; here vacancy occurred after gene- 
 ral election of 1878 by death of Mr. Tremblaj'. 
 
jyTJiODCCTIOX OF MKMIIKRS. 143 
 
 speaker will thereupon ivply : " Let the hon()unil)lo 
 membor take his seat." The meml)er will then udvauce to 
 the chair and i)ay his respects to the speaker. 
 
 Up to the session of 187(», it was not the invariable 
 practice to introduce members whose seats had })ecn 
 vacated inider the acts for the trial of controverted elec- 
 tions, and who had l)een subsequently elected. These 
 members and newly elected ministers simply took the oath 
 (in the clerk's office) and their places without the Ibrmality 
 of an introduction ; and the record of the fact was made 
 in the usual way by the clerk in the journals.' But in the 
 session of 18*75, the premier called attention to the fact 
 that Mr. Orton, member for the electoral district of Centre 
 Wellington, had sat and voted in the house during the 
 session without having taken and subscribed the oath 
 prescribed by law." The matter was referred to the com- 
 mittee of privileges, which subsequently reported : 
 
 " That the B. N. A. Act of 1867 provides no direct for- 
 feiture or penalty in case of a member omitting to take and 
 subscribe the oath provided by the 128th section ; 
 
 " That the act for the independence of members of Par- 
 liament (31 Vict., c. 25) makes no provision for such a case ; 
 
 " That consequently the seat was not affected by his 
 having sat and voted before he took the oath ; 
 
 " That the votes of the member, before he took the pres- 
 cribed oath, should be struck out of the division list and 
 journa. s, as he had no right to sit and vote until he had 
 taken that oath." ^ 
 
 The difficulty in Mr. Orton's case showed very clearly 
 the necessity that existed for adhering strictly to the old 
 usage of Parliament. On the first day of the session of 
 1876 the speaker expressed his opinion to the house, that 
 
 1 Can. Com. J. [1875], 52, ,54, 5S, 02, (So, &c. 
 
 '^Can. Hans. [1875], 260, 322, 324. 
 
 ^Can. Com. J. [1875], 129, 170. But a member elect, not sworn, may 
 be apptointed to committees, or as a manager of a conference. 2 Hatsell, 
 88, «. 113 E. Com. J., 182 (Baron Rothschild.) 
 
144 THE SENATE AND HOUSE OF COMMONS. 
 
 " it would be better to revert to the old practice and have 
 everybody introduced ;" ' and the house tacitly consented 
 to the suggestion, and the practice was carried out uni- 
 formly during 1876 and 1877.^ But in the commence- 
 ment of the session of 1878 a number of members elected 
 during the recess' took their seats as soon as the house 
 met, the speaker having resigned in the interval. Some 
 of these members had sat in the house during the pre- 
 vious session ; others were elected for the first time. All 
 the circumstances connected with the opening of this 
 session were novel. Among the members who had va- 
 cated their seats and been re-elected was Mr. Speaker 
 Anglin ; and it became consequently necessary to elect* ..i*- 
 new speaker. The question then arose as to the proper 
 course to pursue with respect to the members elect, as 
 there was no speaker to lay before the house the certi- 
 ficates of their election and return. The clerk, however, 
 on the return of the Commons from the Senate chamber, 
 and previous to the election of speaker, stood up and 
 announced the fact that vacancies had occurred during 
 the recess in the representation, and laid before the house 
 the usual certificates of the election of the members in 
 question. Objection was taken to this procedure at the 
 time.^ The house being in possession of these evidences 
 
 1 Can. Hans. [1876], 1. 
 
 -' Can. Hans. [1870], 1,2; Ih. [1877], 2, 24, &c. 
 
 ■^They had resigned on account of a violation of the Independence of 
 Parliament Act. See supra p. 133. 
 
 *Can. Hans. [1878], 1, 2. Probahly the better course would have been 
 for the " committee " — for there is hardly a house in a constitutional sense 
 until the speaker is elected (Mr. Raikes before Com. on Public B., 1878, p. 
 139), to have discussed the question informally on the invitation of the 
 leader of the house, and to have given some instruction to the clerk, who 
 had no precedents of the House of Commons to guide him. See, however, 
 l)roceedings of legislative council in 1862 (then elective) before election of 
 Sir Allan McNab, Leg. Coun. J., pp. 17-19 ; also, proceedings in Leg. 
 Ass. of Quebec, in 1876, when a new speaker was appointed in the place 
 of Mr. Fortin. In these cases returns were laid before the house before 
 election of speaker. Also, see the journals of the Lower Canada Assem- 
 
A rrEXDAXCE c ''' y KM HERS. 145 
 
 of the return of members elected diirino- the recess, pro- 
 ceeded to the election of a new speaker, and Mr. Mac- 
 kenzie proposed the re-election of Mr. Anglin, who was 
 one of those members. Sir John Macdonald opposed the 
 motion on the ground that there was no house regularly 
 constituted, and consequently they had no power to sus- 
 pend the rule requiring the introductioii of a new mem- 
 ber. On the other hand, it was contended that the prac- 
 tice of introduction had been variable in the house, and 
 that it was inadvisable to press any rule which would 
 render members who had performed all the obligations 
 required by law incapable of sitting in the house and 
 assisting in the election of speaker. A division was taken 
 on the question for the election, and Mr. Anglin wa& 
 chosen.' Several members, elected daring the recess, were 
 introduced formally on the day following the election of 
 speaker." Since 18t9 all new members, including minis- 
 ters after re-election, have been introduced.' 
 
 XI. Attendance of Members. — The members of both houses 
 are expected to attend regularly in their places, and per- 
 form their duties under the constitution.^ In case of un- 
 
 bly for 1823 for a case of the clerk laying before the house the returns of 
 the election of new members under somewhat similar circumstances. 
 Mr. Papineau had declared his intention in writing not to he present as 
 speaker, and consequently it was necessary to elect a new presiding- 
 (ifficer. 
 
 ' Can. Hans. [1878], 1-11 ; Jour., p. 1. 
 
 -Can. Hans. [1S7S], 11, 12, 13. This difficulty could not have occurred 
 in English practice. Members must be sworn in with the speaker in 
 the chair. Consequently Mr. Anglin could not have been nominated for 
 8I)eaker in the English house during a parliament, as in this case. See 
 May, 202, ante, whore cases of ]Mr. Charles Dundas (35 Pari. Hist., 951), 
 and of ]Mr. Manners Sutton are referred to (Lord Colchester's Diary, iii.,. 
 260). Also, Pari. P., Rep. on Office of Speaker, 1852-3, vol. 34, p. 66. 
 
 ■' Jour. [1880-1], 9 ; Can. Hans., 9th December ; Ih, 1882, 9th Feb. Mr. 
 Gladstone was formally introduced after his re-election as minister of 
 the Crown, in 1880. " London Graphic," July 3rd, 1880 ; H. W. Lucy on 
 ^V'ays and By- Ways of Parliament. 
 
 * 2 Hatsell, 99-101. A member of the English Commons has been ex- 
 
 10 
 
14G THE SENATE AND HOUSE OF COMMOXS. 
 
 avoidal)l(^ absence it is the proper course to have the 
 reasons explained to the house, and leave "will then be 
 given to the member to absent himself from his duties.^ 
 The names of senators present at a sitting are entered 
 every day in the journals in accordance with the i)ractice 
 of the House of Lords.^ 
 
 The old practice in Canada, as in England, was to have 
 a call of the house and order all the members to attend on 
 a particular day,^ but this practice has now virtually 
 become obsolete — no cases having occurred since 1867. 
 The attendance of members in both houses is always large, 
 compared w^ith that of the Imperial Parliament, and in 
 cases of emergency the party whips are expected to take 
 proper measures to have members in their places at a 
 particular time. Previous to the meeting of Parliament, 
 the leader of the government will frequently, in view of 
 important business, send circulars to the sui^porters of the 
 ministry, requesting their prompt attendance. These are. 
 however, matters of j)olitical arrangement which have 
 nothing to do with a work of this character, and are only 
 now mentioned as among the reasons why the old usage of 
 calling the members together has been practically given up. 
 
 XTT. Members' Indemnity.— The members of both houses 
 receive a sessional indemnity, besides a travelling allow- 
 ance, and forfeit a certain sum for every day of absence 
 from their duties in the house.* 
 
 The act of 186*7 relating to the indemnity to members 
 
 pelled for refusing to attend the service of the house ; Mr. Pryse, in 
 1715. 
 
 ' Can. Com. J. [1S67-S], 34, 38. 
 
 - Sen. Journals, 18(37-1883. 
 
 •'May, 230; 80 E. Com. J., 150, 153, 157. Can. Leg. Ass. J. [1851], 177, 
 240, 284, 596, 622. 
 
 * In old times members of the English Commons were paid by a tax 
 levied on the several constituencies. Hearn. Govt, of England, 499. In 
 1841 members of the legislature of Canada voted themselves £65 for in- 
 demnity. II. Turcotte, 88. 
 
MEMBERS' INDEMNITY. 14t 
 
 and salary of the speakers ' gave each member six dollars 
 for each day's attendance, if the session did not extend 
 beyond thirty days ; but if it should be longer, he would 
 receive a sessional allowance of six hundred dollars. In 
 18^3 the act was amended so as to increase these amounts 
 to ten dollars and to one thousand dollars, whilst the 
 salary of each speaker was raised from three thousand 
 two hundred to four thousand dollars annually.- A de- 
 duction of eight dollars per day shall be made from the 
 sessional allowance for every day on which the member 
 does not attend a meeting of the house ; but this deduc- 
 tion will not be made for days of adjournment, when the 
 house is not sitting, or in case of illness when the mem- 
 ber has been in attendance at the place where Parliament 
 meets.'^ Members are i:)aid seven dollars for each day as 
 the session advances,^ as well as mileage at the rate of 
 ten cents a mile, going and coming. At the close of the 
 session the sum due a member will be paid him by the 
 accountant of the house, on his making and signing be- 
 fore the same, or a justice of the peace, a solemn declara- 
 tion of the actual number of days he attended the house, 
 and of the number of miles travelled, as determined and 
 ratified by the speaker of the house.^ 
 
 When members have been obliged through illness to 
 absent themselves for a considerable part of the session, or 
 have been unable to present themselves in good season 
 
 ' 31 Vict., c. 3, amended by following act. 
 ^36 Vict., c. 31, s. s. 13,14. 
 
 3 31 Vict, c. 3, s. 2, amended by 36 Vict., c. 31, s. 13. 
 
 * 39 Vict, c. 8, in amendment of 31 Vict, c. 3, s. 4. 
 
 ^ See a long debate in the Senate showing that it has be«n the 
 uniform practice there, as in the Commons, to have non-sitting days 
 count for the purpose of making up the thirty-one days necessary 
 for the indemnity. ^Members who have attended only for one or more 
 days at the commencement of the session have received their sessional 
 allowance less the eight dollars per day deducted for days when they 
 had not attended the sittings of the houses. Sen. Deb. [1880], 294-304 ; 
 Jour., 253. 
 
148 THE SENATE AND HOUSE OF COMMONS. 
 
 at the seat of governmont throug-h unavoidable eircum- 
 stances arising out of their election and return, it has been 
 usual to draw the attention of the house to the farts, and 
 to move that the members in question receive the sura 
 to which they would be entitled had not such circum- 
 stances prevented their attendance. The reasons have been 
 generally stated in the resolution, or else mention has 
 been made of the fact that there are special circumstances 
 connected with the case. Attention is generally called ta 
 such matters before the doors are opened, but the resolu- 
 tions have been always formally moved and entered on 
 the journals.^ This practice has been gradually falling 
 into disuse, and is only now resorted to under very 
 exceptional circiimstances.^ In case it is deemed expedient 
 to give full indemnity to families of deceased members of 
 either house, the proper course is for the government to* 
 bring down the requisite vote in the estimates.^ 
 
 Xm. Expulsion and Disqualification of Members.— The power 
 of Parliament to expel a member is undoubted.* This 
 power has been repeatedly exercised by the English and 
 Colonial Parliaments, either when members have been 
 guilty of a positive crime, or have offended against the 
 laws and regulations of the house, or have been guilty of 
 
 iCan. Com. J. [1S71], 304, Manitoba members; lb. [1874], 322; IK 
 [1875], 34!», P. E. Island members detained by ice and storms; Ih. [1876], 
 304;i?>. [1877], 190,257; Ih. [1878], 184, 220,294; Can. Hans. [1878], 
 2549. Cases of ^lessrs. Plumb, Orton, "White and Perreault (election and 
 return), 13th May, 1879 ; precedent of 1874 was followed. 
 
 -Can. Com. J. [1882], 402. No more resolution should be allowed to 
 evade the law. 
 
 3 Estimates of 1881. Sess. P., 1880-81, Xo. 1. 
 
 * May, 63, 144 E. Hans. [3], 702. The exercise of this right, being entirely 
 discretionary in its nature, ought to be governed by the strictest justice ; 
 for if the violence of party should be let loose upon an obnoxious mem- 
 ber, and a representative of the people discharged of the trust conferred 
 on him by his constituents without good cause, a power of control would 
 thus be assumed by the representative body over the constituent, wholly 
 inconsistent with the freedom of election. Male, 44 ; Cushing, 250. 
 
DISQ UALIFICA TION OF MEMBERS. 149 
 
 frauduleut or other discreditable acts, which proved that 
 they were unfit to exercise the trust which their cousti- 
 tuents had reposed ix^ them, and that they ought not to 
 continue to associate with the other meml)ers of the le^-is- 
 lature. The instances of expulsion from the English Par- 
 liament are very numin-ous, as it may be seen by reference 
 to the English authorities.' The most recent case is that 
 of Mr. Bradlaugh, in 1882, when the house resolved that 
 " having disobeyed the orders of the house, and having in 
 contempt of its authority, irregularly and contumaciously 
 pretended to take and subscribe the oath required by 
 law, he be expelled this house." " 
 
 The House of Commons of England has also always 
 upheld its dignity and declared unfit to serve in Parlia- 
 ment such persons as have been convicted of felony. The 
 latest cases are the following : — 
 
 In 18*70 Ml". O'Donovan Eossa, whilst undergoing sentence 
 for treason-felony, was elected member for Tipperary ; and the 
 Commons resolved that " having been adjudged guilty of felony, 
 and sentenced to penal servitude for life, and being now imprisoned 
 under such sentence he has become, and continues incapable of 
 being: elected and returned as a member of this house." On 
 this occasion. Sir Eoundel) Palmer (now Lord Selborne) said that 
 it was " impossible that a man convicted of treason or felony and 
 suffering punishment for that otfence, could be a tit person, on 
 account of the infamy attaching to that crime. A sentence of 
 transportation tor life, or of penal servitude tor life — which, in- 
 deed, makes it necessarily impossible for a man to be present for 
 a single moment in this house — disqualifies the person subject to 
 it from being a member of Parliament."^ 
 
 Mr. John Mitchel who had been sentenced to fourteen years 
 transportation for treasonable practices, escaped from his place of 
 
 1 May, 63-05 ; 18 E. Com. .J., 336, 467 ; 20 lb. 702 ; 39 lb. 770 ; 65 lb. 433 ; 
 69 lb. 433; 5 Pari. Hist., 910; 144 E. Hans. [3], 702-10, where numerous 
 cases are given. 
 
 ■^ 137 E. Com. .T., 31-62. This case is so notorious that the writer need 
 only refer the reader to May, 210, et scq. 
 
 » 199 E. Hans. [3], 122-152 ; 125 E. Com. J., 8, 27. 
 
150 THE SENATE AND HOUSE OF COMMONS. 
 
 imprisonment, and was subsequently elected, in 1875, member for 
 Tipperary, tbougb he had not received a pardon from her Majesty 
 under the Great Seal. The necessary evidence of the facts hav- 
 ing been laid befoi-o the house, ho was declared incapable of 
 being returned to the Conunons. The ground was taken by the 
 attorney-general that having had sentence passed upon him, and 
 having neither received pardon nor suffered the punishment to 
 which he was sentenced, he was disqualitied.' 
 
 In the session of 1882, a similar proceeding was taken in the 
 case of Michael Davitt, who had been convicted of felony, and 
 sentenced to penal servitude for tifteen years.- 
 
 The following are the most memorable examples of 
 expulsion found in the records of Canadian parliamentary 
 history : — 
 
 In 1800, C. B. Bouc, member for Effingham, Lower Canada, 
 was expelled on evidence being given that he had been convicted 
 at the assizes of a conspiracy with sundry other persons, unjustly 
 and fraudulently to obtain of one E. Dorion large sums of money. 
 He was re-elected more than once, but finally disqualified by 
 statute.^ 
 
 In 1829, Mr. Christie, member for Gasp^, was expelled on the 
 report of a select committee of the Lower Canada assembly, on 
 various allegations of misconduct, but ostensibly for having, as 
 an extreme partisan of the government, badly advised the gover- 
 nor and procured the dismissal of certain magistrates from the 
 commission of the peace, on account of their political opinions 
 and votes in the assembly. He was re-elected and expelled 
 several times.^ 
 
 ^ 222 E. Hans. [3], 490, 539; 130 E. Com. J. 52. He was again returned, 
 and as there had been a contest, the matter was determined under the 
 Election Petitions Act. The other candidate, liaving given due notice of 
 the disqualification, proved his claim to the seat, and the return was 
 amended accordingly. 224 E. Hans., 918, 919; 130 E. Com. J., 235, 236, 239. 
 
 •^ 137 E. Com. J., 77. 
 
 3 Lower Can. J. [1800], 54, 76, 96; //>. [1801], .Tan. 24 ; J6. [1802], 324. 
 I. Christie's Lower Canada, 210. 221. 42 Geo. III., c. 7, Low. Can. Stat. 
 
 * Lower C. J. [1829], 447, 465, 479, 493; lb. [1830], Jan. 1st ; Ih. [1831], 
 November ; lb. [1832], 12 ; lb. [1833], 25. III. Christie's Hist., 240. This 
 case illustrates the extreme lengths to wliich party spirit carried parlia- 
 mentary majorities in the early times of Canada. He was not even 
 
1) rs:Q rJL IFICA TIOX O F MEMBERS. 151 
 
 In 1831, the lo^nslativo assomltly of U|ipei' Canada doclaictl 
 Mr. AV^illiam Lyon .Mackonzio "guilty of gro.ss, scandalous, and 
 malicious libels, intended and calculated to bring this house and 
 the goveiTiiient of this province into contempt, i^c." lEe was 
 expelled, and having been subsequently re-elected was declared 
 inca])able of holding a seat in the house during that Parliament. 
 On again [)resenting himself, ho was forcibly expelled by the 
 serjeant-at-arms. As in the case of Mi-. Wilkes, in England, to 
 which w^o refer further on, the assemlily acted arbitrarily and 
 illegally. In a subse([uent Parliament, all the proceedings in Mr. 
 Mackenzie's case were expunged from the journals.^ 
 
 In 1S58 Mr. John OFarrell was expelled for fraud and violence 
 at tlie election for Lotbiniere.- 
 
 In 1874, on motion <>f ^Ir. Mackenzie Bowell, Louis Riel, who 
 was accused of the murder of Thomas Scott during the North- 
 West troubles, was expelled as a fugitive from justice, the neces- 
 sary evidence having been previously laid before the house.^ 
 Hiel was again i-eturned to Parliament during the recess, and 
 soon after the house met, in 1875, the premier (Mr. Mackenzie) 
 laid on the table the exemplitication of the judgment roll of out- 
 lawry, and then moved " that it ap]iears by the said record that 
 Louis Eiel, a member of this house, has been adjudged an outlaw 
 for felony." This motion having been agreed to, Mr. Mackenzie 
 moved for the issue of a nevv writ for Provencher " in the room 
 
 allowed to confront his accusers before the committee. The question was 
 referred to tlio British government, which disapproved of the action of 
 the legislative assembly, but at the same time admitted that the resolu- 
 tion of the assembly was irreversible except by itself. Despatch of Vis- 
 count Goderich; Low. Can. J. [1832-3], 50, 57, 129, 136, 137, 138. 
 
 ^Upp. Can. J. [1832-3], 9-10; 41, 132; //^ [1833-4], 10, 15, 23-25; 26, 46, 
 54, 55, 104 ; Ih. [1835], 17, 24, 25, 26, 59, 141, 142, 408; Mackenzie's Life, by 
 C. Lindsey, chaps. 13, 14, 15 and 17. See also case of Mr. Durand, mem- 
 ber for Wentworth, expelled for committing a libel, and a high contempt 
 of the privileges of the house; Upp. Can. J., 4 March, 1817. 
 
 ^Leg. Ass. J. [1858], 454. 
 
 ■^Can. Com. J. [1874], 8, 10, 13, 14, 17, IS, 32, 37, 38, 67, 71, 74. See case 
 of Mr. James Sadleir in 1857, charged with divers frauds, and a fugitive 
 from justice, 144 E. Hans. [3], 702. Riel actually took the oath in the 
 clerk's office, but not his seat in the chamber. 
 
162 THE SEXATJ': AM) IIOI'SIC OF COMMONS. 
 
 of Louis Rid, adjudgoil an outlaw," which also pasrsed l»y a largo 
 majority.' 
 
 The cases of Mr. Christie and Mr. Maik«Mizie, oiv(>n in 
 the foregoing- li.st of precedents, iind a parallel in the 
 famous ease of Mr. Wilkes, who was expelled in 1704 from 
 the British House of Commons for having* uttered a sedi- 
 tious li})el. A contest th(m arose between the majority in 
 the house and the ele(;tors of the county of Middlesex. 
 The house in 1769 declared him ineligibh^ to sit in that 
 Parliament, when he had been again elected for Mid- 
 dlesex. Though Mr. Wilkes Avas re-elected by a large 
 majority of the electors, the house ordered the return to 
 be amended, and his opponent (who had petitioned the 
 house) to be returned as duly elected. The efforts of 
 the ehx^tors of Middlesex were unavailing for the time 
 being to defeat the illegal action of a violent partisan 
 majority. Many years later, in 1*782, when calmer coun- 
 sels prevailed, the resolution of 1769 w^as expunged from 
 the journals " as subversive of the rights of the whole body 
 of electors of the kingdom" — which is the identical lan- 
 guage subsequently used in expunging the various pro- 
 ceedings relative to Mr. Mackenzie.- No principle is more 
 clearly laid down by all eminent authorities on the law 
 of Parliament than this — "That Parliament cannot create 
 a disability unknown to the law, and that expulsion, 
 though vacating the seat of a member, does not create a 
 disability to serve again in Parliament." '^ T>oih houses 
 of Parliament " must act within the limits oj" their juris- 
 
 >Can. Com. J. [1875], 43, 67, 111, US, 122, 124, 125. Can. Hans. 
 t;i875], 139, 144, 307, 308, 315. The O'Donovan Rossa precedent was 
 followed by Mr. INIackenzie. INIr. Bowel! had previously placed a motion 
 on the iiai)er for the exinilsion of Riel, but withdrew it when he found 
 that the government proposed dealing with the matter. Votes, 1875, 
 Feb. 11, and Can. Hans, of same date. 
 
 '' 32 E. Com. J., 229 ; 1 Cavendish D., 352 ; 38 E. Com. J., 977 ; 2 May's 
 Const. Hist., 2-26. See also for other examples of excess of jurisdic- 
 tion, 2 E. Com. J., 158 ; 2 Ik, 301 ; 2 Jb., 473 ; 8 lb., 60 ; 17 lb., 128. 
 
 3 May, 63. 
 
SVSPEXSIOy OF MEMBERS. 153 
 
 diction, and in strict conformity with tlic laws. An abuse 
 of privilege is even more dangerous than an al)uso of pre- 
 rogative. In the one case, the wrong is don(» by an irre- 
 sponsible body ; in the other, the ministers who advised 
 it are open to censure and punishment. The jvidgment of 
 offences especially should be guided by the severest prin- 
 ciples of law." ' 
 
 The house may proceed in various ways to inquire 
 into the propriety of allowing a member to associate with 
 other members of the house, when he is accused of a 
 grave offence. Committees and commissioners have at 
 times been appointed to inquire into the allegations." It 
 is the proper course to lay the record of conviction before 
 the house, when a member has been convicted in a court 
 of justice,* The house, however, is not necessarily bound 
 to the necessity of a conviction, for it may, apart from mere 
 legal technicalities, acting upon its moral conviction, but 
 at the same time most cautiously, proceed to the expulsion 
 of a member.^ In all cases, however, it is necessary that 
 the member should have an opportunity of being heard 
 in his place before proceeding to expel him.^ By reference 
 to the precedents given above, the proper procedure in 
 all cases will be more clearly understood. 
 
 XIV. Suspension of Members. — Expulsion is an extreme 
 penalty only to be enforced under extraordinary (urcum- 
 stances. In cases of minor gravity, the house may be 
 satisfied with ordering the speaker to admonish or repri- 
 mand the offender, and the remarks of the speaker ought 
 
 1 May's Const. Hist., vol. ii., pp. 26-7, 3rd od. 
 
 2 11 E. Com. J., 283 ; 20 Ih., 391 ; 21 lb., 870 ; 65 lb., 433. See also Can. 
 Com. J., 1876, March 16 and 28 ; also Hansard of those dates- 
 
 ^ 67 E. Com. J., 176 ; 69 lb., 433 ; 222 E. Hans. [3], 415. 
 
 * 144 E. Hans. [3], 715. 
 
 ^69 E. Com. J., 433 ; 111 lb., 367 ; 144 E. Hans. (3), 711. Can. Com. J. 
 11874], 18. 
 
154 THE sESATi: Axn iiorsE OF c'oyrMoxs. 
 
 always to bo ent(?red on the journals aftor motion duly 
 made.' Tho house may also under certain eircumstanees 
 proceed to the rigorous measure of suspending- a member 
 temporarily from his iiinetions, "There is no doubt," 
 says an authority, " that under the common law of Parlia- 
 ment any member, wilfully and vexi^tiously obstructing 
 public business, would be iield to be guilty of a contempt 
 of tho house, and would be liable to a suspension from 
 his duties as a member," " The rights of electors are no 
 more infringed than if the house had exercised its un- 
 questionable power of imprisonment.' No necessity has 
 ever arisen in the Canadian Parliament for exercising this 
 extreme power which ought clearly to be used only in a 
 grave emergency. It has, however, been found necessary 
 to adopt a new standing order on the subject in the 
 English House of Commons, on account of the conduct 
 of certain members who have wilfully and persistently 
 obstructed public business.' 
 
 XV. Questions affecting Members referred to Select Committees.— 
 In the Canadian, as in the English House of Commons, 
 " whenever any question is raised affecting the seat of a 
 member, and involving matters of doubt, either in law or 
 fact, it is customary to refer it to the consideration of a 
 committee." ^ For example : In the case of Mr. Perry, 
 
 'Case of Mr. O'Connell, 1838, vol. 3, pp. 2231, 22C3, INIirror of P.; E. 
 Com. J., 1838, Feb. 28. 
 
 -Mr. Raikes (chairman of committees) before Committee on Public 
 Business, 1878, p. 110, 132. For old cases, 2 E. Com. J., 128 ; 8 Ih., 289 ; 
 9 Ih., 105 ; 10 Ih., 840. 
 
 '^ May, 65. 
 
 * Standing order made 28 Feb., 1880, amended 21 and 22 November, 
 1882. See infra at end of chapter on debate, where it is given in full, and 
 cases of suspension are also cited. How necessary it has been in England 
 to make some changes in the English rules, in order to prevent obstruc- 
 tion and iiromote the i>rogress of public business, may be understood 
 from a perusal of an article by Mr. Raikes in the November number of 
 the " Nineteenth Century," 1879. 
 
 "May, 713 ; 94 E. Coni. J., 29, 58 ; 103/6., 388; 110 lb., 325 ; 134 Ih., 80. 
 
PLACES IN THE HOUSE. 155 
 
 referred to in a previous pa^e ; ' of Mr. J. S. "M'Dounld 
 and Mr. V. Dunkin, whoso seats were questioned on 
 account of their holdini^ ofH(M»s in the executive councils 
 of Ontario and (^uel)ec ; " of Mr. II. B. Cutler, who had been 
 paymaster of a govi^rnment railway at the time of his 
 re-election;' of Mr. DeLorme, who was changed with 
 complicity in th(> lied Iviver rebellion ; ' of Mr. Angliu, 
 and others, alle|[^ed to have violated the Independence of 
 Parliament Act.' In the case of Mr. Daoust, ISVO, the 
 matter was referred to the committee on privileges and 
 elections, which reported in his favour ;*' but in 1880 the 
 house refused to refer a petition making certain charges 
 against Mr. Hooper to the same committee.' In other 
 cases where there is evidence of cr'me, or of the person 
 accused being a fugitive from justice, it has been con- 
 sidered suificient to lay the papers formally before the 
 house ; "^ but whenever the seat or character of a member 
 is affected the house will invariably proceed with due 
 caution and deliberation. A reference to a committee is 
 no doubt the proper procedure in all cases in which there 
 are reasonable doubts as to the facts or the course that 
 should be pursued, especially when it is necessary to 
 examine precedents.' 
 
 XVI. Places in the House.— The members of the two houses 
 are provided with seats and desks,^'' to which is affixed a 
 
 ^ Supra p. 125. 
 
 ^Can. Com. J. [1867-8], 44. 
 
 '76. [1873], 28.5, 321, 328. 
 
 * Jb. [1871], 249. This matter was not referred to the committee, as 
 proposed in the original motion, on the ground that a sufficient case was 
 not made out. 
 
 ^ Supra p. 131. 
 
 « Can. Com. J. [1876], 145, 159, IGO, 208. 
 
 Ub. [1880], 60, 62, 87, 88. 
 
 ^ Case of Louis Riel, mpra p. 151. 
 
 9 Mr. Gladstone, 199 E. Hans., 123. 
 
 ^^ Seats were tirst provided in Low. Can. Ass., 17 Jan., 1801. See Scrope'a 
 Life of Lord Sydenham, 223, note. 
 
15G Tin: SEN ATE A SI) HOUSE OF COMMONS. 
 
 card with ihc name of th(» member to whom it has been 
 allotted. Tht; membiTs of the privy «ouiuil occupy places 
 to the rii»'ht of the 8i)eakcr, and the leading members 
 of th(» opposition to the left. The older m<'m})ers are 
 generally given tin; prefenmce in th*; first rows. The 
 location of scats in the House of Commons is arranged ])y 
 inem])ers, placing themselves in communication with the 
 .serjeant-at-arms, whose duties are refern-d to in another 
 place.' 
 
 'Chap. III. 
 
CHAPTER III. 
 
 THE SPEAKERS AND OFFICERS OF THE TWO HOUSES, «(c, 
 
 I. Speaker and Officers of the Senate — Contingent Accounts Committeo, 
 — II. Speaker of the House of Commons. — III. OHicers and (lerks, &c., 
 of the House of Commons. — IV. Admission of Strantjers. — V. Clerk of 
 the Crown in Chancery. — VI. Votes and Journals. — VH. Official Re- 
 ports. — VIII. Library and Reading Rooms. — IX. Commissioners of 
 Internal Economy. 
 
 I. The Speaker and Officers of the Senate. — The speaker of 
 the Senate is appointed by a commission under the great 
 seal, and may be removed at any time by the governor- 
 general.' The proceedings consequent on the appointment 
 of a new speaker will be found fully explained in another 
 part of this work." In case of the unavoidable absence of 
 the speaker during the session, it will be necessary ta 
 Tppoint a new speaker for the time being. When thct 
 
 '•mer returns his re-appointment must be made known 
 . ) the house with all the usual formalities.' 
 
 The speaker presides over all the deliberations of the 
 
 iSec. 34, B. N. A. Act, 1867. The first speaker of the log. conn, of 
 Canada, 1841, was the vice-chancellor of the court of chancery, R. S. 
 Jameson. Jour. p. 19. 
 
 2 Chap. VI. 
 
 'Mr. Cauchon, 1869; Jour. p. 81 ; Deb. p. 58, May 17. In the session 
 of 1880, Mr. Macpherson fell seriously ill and it became consequently 
 necessary to appoint Mr. Botsford, speaker. Journals, FeVi. 16, and Han- 
 sard of that date. Mr. Macpherson was subsequently reappointed. Sen. J, 
 p. 177. In 1872 Mr. Speaker Cauchon was accidentally detained, and infor- 
 mation was given of the fact by the clerk when the Senate met. Mr. 
 Hamilton took the chair, and by consent declared the house continued 
 till 9.30 that evening. Sen. J. (1872), 79. 
 
158 SPEAKERS AXD OFEICERS OF BOTH HOUSES. 
 
 Senate, except when the house goes into committee of 
 the whole, and then he must call another member to the 
 chair. lie has in all cases a vote,' wl.ich is the first 
 recorded on the side on which it is taken, and he decides 
 questions of order when called upon for his decision.' If 
 he wishes to address the house on any subject, he will 
 come down from the chair — like the lord chanc^ellor in 
 the House of Lords — and si-)eak from the floor like other 
 members, but this is a privilege which he will very 
 rarely exercise.' lie stands uncovered when sj)eaking to 
 the Senate, and if called upon to explain a point of order 
 or practice, he is to state the rule apx^licable to the case, 
 and also to decide the question when required, subject to 
 an appeal to the Senate.' 
 
 The speaker in the Senate, like the speaker in the Com- 
 mons, presents to the house all papers, returns, and 
 addresses Avhich he has received and which ought to be 
 laid before that body.'' 
 
 The principal officers of the Senate are the clerk, clerk 
 assistant, and gentleman usher of the black rod, who have 
 all seats on the floor of the house. The clerk and clerk 
 assistant have also been hitherto appointed masters in the 
 chancery of Canada, by virtue of special commissions 
 under the great seal.*' The clerk, who is appointed by the 
 Crown, performs duties similar to those of the clerk of the 
 Commons, and also acts as accountant in pursuance of the 
 
 ' Sec. 36, B. N. A. Act, 1807. See chapter on divisions. 
 -' Sen. Deb. (" Times "), 1807-8, pp. 170, 184. 
 
 ••' Mr. Speaker Christie, Sen. Deb. (1877), 131 ; Mr. Speaker AVihuot, 2d 
 May, 1879 ; Lords' S. O. 2 ; May, 240 ; Mr. Speaker ]\Iacpherson spoke at 
 some lensth in committee on Canadian Pacific Raihvav bill, Feb. 14th, 
 1880-81. He came down from the chair in the session of 1882, and made 
 a few remarks when a senator directly referreci to a speech he had made 
 some years previouslj'- Hans. p. 749. 
 
 *Sen. R. 29. 
 
 ^Sen. J. [1867-8], 200, 210, 230-231, 209, &c. ; lb. [1880], 17, 30, 47, &c. 
 
 « Sen. J. [1867-8], 61, 62 ; Ik [1883], 15. Also, the law clerk. 
 
SPEAKER AND OFFICERS OF THE SENATE. 159 
 
 orders of the house itself.' He reads the commission for 
 the appointment of a new speaker,- and takes minutes of 
 all the pro;-eedings of the Senate. He administers the 
 oaths required by law to new members as one of the com- 
 missioners appointed for that purpose.* At the proroga- 
 tion of Parliament he pronounces the royal assent to bills, 
 or signifies that certain bills have been reserved.' He 
 also replies, by his Excellency's command, accepting the 
 benevolence of the Commons, when their speaker makes 
 the usual speech in presenting the Supply Bill." AVhen- 
 ever a new clerk is appointed, the speaker will inform the 
 house of the fact, and the commission will be read and 
 put on the journals. He will then take the oath of office 
 before the speaker." By an act' passed in 1872, the clerk of 
 the Senate is also styled the clerk of the Parliaments, and 
 has the custody of all the original acts of Parliament. He 
 has a seal of office which he affixes to certified copies of 
 all acts intended for the governor-general or the registrar- 
 general of Canada, or required to be produced before 
 courts of justice. The same act contains also provisions 
 relative to certified copies of acts which maybe fu.rnished 
 on application i j the clerk of Parliaments for a small fee, 
 which goes into the contingent fund of the Senate."^ 
 
 The clerk assistant, who is also generally the deputy 
 clerk, sits at the table to the right of the chief clerk. He 
 
 ^ Report of contin<ront committee on subject, Sen. J. [lS()7-8], 131 ; lb. 
 [1870], 1G5. An assistant appointed in 1875, Jour. p. 34; lb. [1877] 115. 
 ■' lb. 1873, 1874 and 1879. 
 
 ■' lb. [1874], 14, etc. ; lb. [1883], 18. Sec. 128, B. N. A. Act, 1867. 
 * lb. [1874], 202, &c. ; Jb. [1883],. 
 " Sen. J. [1874], 202-3, etc. ; lb. [1883], 297. 
 
 « lb. [1807-8], 55 ; lb. [1871], 15-10 ; Ih. [1883], 13, 14. For practice in 
 Lords, which is similar, sec 223 E. Hans. (3), 1084. 
 
 ' 35 Vict, c. 1, Doni. Stat. This act doe-s not contain a power of depu- 
 tation. 
 
 '^ The clerk of the Commons in England — but not in Canada — is the 
 " under-clerk of the Parliaments to attend u^wn the Commons." 2 Hat- 
 .sell, 255 ; London Gazette, 3rd Feb., 1871. 
 
IGO SPEAKERS AND OFFICEliS OF BOTH IIOVSES. 
 
 is not sworn like the officers of the Commons.' Ilis duties 
 consist in reading petitions and other documents, in tak- 
 ing minutes of proceedings in committee of the whole, and 
 in otherwise assisting the clerk in the business of the 
 house. In the session of 18*7t another clerk was ap- 
 pointed to sit on the left of the chief clerk, chiefly for the 
 purpose of making at the table translations of the pro- 
 ceedings." 
 
 The gentleman usher of the black rod, who is appointed 
 by the Crown,'^ is always sent to desire the attendance of 
 the Commons at the opening or prorogation of Parliament, 
 and executes all orders for the arrest or commitment of 
 parties guilty of breaches of privilege and contempt.^ The 
 speaker will report any new appointment to the house, 
 as in the case of all other officers under royal commission.^ 
 
 The Senate has also a serjeant-at-arms, who carries the 
 mace, and executes the orders of the house for the attach- 
 ment of delinquents, when they are in the country.*^ The 
 usher of the black rod performed the duties of this office 
 until 1869, when an officer was appointed to fill the posi- 
 tion.^ 
 
 The chaplain of the Senate is appointed by commission 
 under the privy seal."* "Whenever it is necessary to appoint 
 other officers, the subject is referred to the committee on 
 contingent accounts, who report as to the necessity for 
 
 ^ Ho acts as deputy by virtue of authority from tl irk. In the 
 Lords he is appointed by the lord chancellor, and the house is always 
 informed of the fact, and asked to approve, 223 E. Hans. (3), 1G85. In 
 the Senate the contingent accounts' committee appoints the officer and 
 gives the title, as they do in fact in the case of all officers not appointed 
 by the Crown. Sen. J. [1S67-8], 176 ; lb. [1882], 300. 
 
 ■' Sen. J. [1877], 114, 275. 
 
 ^ Ih. [1867-8], 56. 
 
 * May, 256. 
 
 ^ Sen. J. [1867-8], 29. He occupies, like the serjeant-at-arms of the Com- 
 mons, apartments in the Parliament Buildings. lb, [1876], 29. 
 
 « May, 256. 
 
 ' Sen. J. [1867-8]. 90 ; Ih. [1869], 83. 
 
 ^ lb. [1869], 33-4. The clerk's commission is under the great seal. 
 
SPEAKER AXn OFFICERS OF THE SEX ATE. IGl 
 
 such office, and the salary that ouirht to be given.' All 
 appointments and salaries («}xeept the appointment of 
 crown oflieers) as well as promotions, are regnlated by 
 this committee.- In fact it supervises all the ordinary 
 expenses of the Senate, apart from the members' indem- 
 nity and other expenditures authorized by statute.' Its 
 members have always jealously resented all attempts to 
 interfere with the control of matters w^hiih it is the prao 
 tice to refer to them.^ All petitions and papers referring- 
 to salaries and expenses of the house are invariably sub- 
 mitted to the consideration of this committee before any 
 definite conclusion is arrived at on the subject.' At the 
 commencement of every session the clerk is to lay before- 
 the Senate, on the day after the appointment of the com- 
 mittee on contingent accounts, and as often as he may be- 
 required to do so, a detailed statement of his receipts and. 
 disbursements, since the last audit, with vouchers in sup- 
 port thereof.*^ The committee in question will always 
 report on the correctness of these accounts.^ In 1880 the- 
 Senate agreed that " the accounts of expenditure for 
 salaries and contingencies of the Senate, and for their 
 members' indemnity, &c., should be audited by the 
 auditor-general in the same manner as those of the House 
 of Commons."^ 
 
 The daily printed record of proceedings which is pre-^ 
 pared by the officers of the house in the two languages 
 and sent to every member is called " Minutes of Proceed- 
 ings," a copy of which, certified by the clerk, must be 
 transmitted daily to the governor-general.'' 
 
 • Ih. [18G9], 83 ; Ih. [1875], 132 ; //;. [187(5], 86. 
 •' Ih. [1880], 252 ; Ih. [1882], 65, 300 ; Ih. [1883], 45, 91. 
 ^Sen. J. [1877], 44, 66, 114, &c. ; Ih. [1880-81], 103-4. 
 ' Sen. Deb. [1875], 25, 37, (56, 60. 
 
 » Sen. J. [1807-8], 200, 273 ; Ih. [1876], 61 ; ///. [1880], 87, 95. 
 « Sen. R. 86 ; Jour. [1879], 51 ; ///. [1883], 46. 
 " Sen. J. [1878], 234 ; U,. [1879], 246 ; Ih. [1880], 186. 
 'Se.n. J. [1880], 97. 
 " Sen. li. 105. 
 11 
 
162 SPEAKERS AND OFFICERS OF liOTJI HOUSES. 
 
 The journals \vhi(h are almost identical with the min- 
 utes, are bound in annual volumes as soon as possible 
 after each session, with a full index. Cojnes of the 
 journals are transmitted to the colonial ollice, to the 
 Houses of Lords and Commons, and to the legislatures 
 of the British Colonies. The librarian is also furnished 
 with sulKcient copies of the journals, and of all reports 
 from heads of public dejxirtmeuts, or concerning any 
 public institution for general exchange. The clerk is also 
 to make arrangements for exchanging the laws of Canada 
 for those of the Imperial Parliament and of the colonial 
 legislatures.^ 
 
 Strangers are admitted to the galleries and to that part 
 of the house which lies without the bar. The house 
 may, however, be cleared at any moment, in conformity 
 with a standing order, like that of the House of Commons, 
 to which reference is made in a subsequent page of this 
 chapter." 
 
 n. The Speaker of the House of Commons.— There are four 
 sections of the British North America Act, 1867, which 
 refer to the election of speaker of the House of Common.s. 
 The 44th section provides — 
 
 " The House of Commons on its first assemblino- aftei- ;i 
 general election, shall jn-oceed with all practicable speed to elect 
 one of its members to be speaker."' 
 
 1 Sen. R. 105-109. 
 
 '^ Page 170. 
 
 •' This is substantially section 33 of the Union Act of 1840. In the first 
 .session under that act the .governor-general did not come down on the first 
 day, but the house prixx^eded immediately to the election of speaker, 
 iifter the clerk had read the proclamation and sec 33 of the act. 
 Exception was taken to this procedure at the time. (Quebec Mercury, 
 June 19, 1841). Next day the governor-general came down and opened 
 Pariiament. Leg. Ass. J. [1841], 2, 3. In subsequent sessions, the present 
 usage was followed in conformity with British constitutional practice. 
 which requires that the sovereign give authority to the house to proceed 
 to election of speaker. 2 Hatsell, 218. 
 
SPEAKER OF THE HOUSE OF COMMOSS. 16:] 
 
 The proceedings in such a case are described more <;on- 
 veniently in a later chapter on the opening of Parlianieut.' 
 The 4r)th section provides — 
 
 " In case of a vacancy l>y death, i-esignatioii, or otherwise, the 
 lEouso of (ycmmonH shall, witli all praetieahle speed, proceed to 
 elect anothei" of its members to be speaker." 
 
 No case of the election oi" a speaker during a session 
 has occurred since 1867, nor indeed since 1840. We have, 
 however, a recent case in the English House of Commons 
 — the resignation of Mr. Denison and the election of Mr. 
 Brand in his place, in 18t2. In this case, on the day fol- 
 lowing the resignation, th(^ serjeant-at-arms brought the 
 mace and laid it under the table. Then the premier ad- 
 dressing himself to the clerk, as at the o]:)ening of a new 
 Parliament, informed the houses that her Majesty had 
 been informed of the resignation of the liight Hon. J. E. 
 Dt'nison, and gave leave to the house forthwith to proceed 
 to the choice of a new speaker.- The house imLmediately 
 elected Mr. Brand, and the mace was then laid on the 
 table.' 
 
 In case the speaker dies or resigns during a proroga- 
 tion, it will be necessary for the House of Commons to 
 go up to the Senate chamber at the opening of Parlia- 
 ment and receive the authority of the governor-general to 
 
 'Chap.VL 
 
 ■^ This must always be done through a privy councillor in the House of 
 Commons. 2 liatsell, 218. 
 
 •' 127 E. Com. J. 1), 22, 23 ; 20U E. Hans. (3), 181 ; also, 3(J Ih. (1), 843 ; 2 
 Hatsell, 212-217 ; also, E. Com. .J., 22 Jan. 1770, and 8 June, 1789. A simi- 
 lar procedure took jJace in tlio Ontario legislature in 1871, on resignation 
 of Mr. Speaker Scott. Leg. Ass. J. [1871], 30. See case of the election of 
 a new si)eaker in the legislative assembly of Lower Canada in 1823, 
 when Mr. Papineau was absent in England. On the assembling of the 
 house, the clerk read a letter from Mr. Papineau informing them that he 
 would not bo able to attend to his duties that session. On the members 
 of the assembly presenting themselves in tlie chamber of the legislative 
 council, the speaker of that body informed them that his Excellency had 
 been made aware of the absence of Mr. Papineau, and requested them to 
 elect a new speaker in his place. Ill Christie, 5, G ; Ass. Jour. [1823], 9-11. 
 
1G4 spi:Ak'f:ns axd officers of iiotii hoi'sfs. 
 
 proceed to the election of a new speaker in accordance 
 with law. This was done in conlormity with Eritisli 
 precedents, on the occasion of the re-election of Mr, Speaker 
 Ang'lin, who had resigned his seat durin<j^ the recess.' On 
 this occasion the governor-general was represented by a 
 depnty-governor, the chief justice of Canada, on the first 
 day of the session. On the; following day the governor- 
 general took his seat on the throne and delivered the 
 speech. Since then a deputy-governor has, on other 
 occasions, rei:)resented his Excellency on the first day of a 
 new Parliament, previous to the election of speaker." 
 
 The 4l:)th section provides that the speaker " shall preside 
 at all meetings of the House of Commons." The 47th sec- 
 tion makes provision for his absence for any reason from 
 the chair for forty-eight consecutive hours. In that case, 
 " the house may elect another of its members to act as 
 speaker, and the member so elected shall, during the con- 
 tinuance of the absence of such speaker, have, and execute 
 all the powers, privileges, and duties of the speaker." 
 
 * Can, Com. J. [1878], 1-9. The English precedents go very far back, 1 
 E, Com, J. 73, 116 ; 4 Pari, Hist. 1111-2 and 13 Lords' J. 460 ; Elsynge, 154,, 
 155, 245, 246, 247. Same procedure took place at election of a speaker in 
 Quebec legislative assembly in 1876, on resignation of Mr, Fortin, Jour, 
 pp. 1-7 ; also, in the Ontario legislature, on the resignation of Mr. Currie 
 in 1874, 
 
 - This was the third occasion since 1841 that a deputy-governor had 
 represented the governor-general in Parliament ; the first occasion was 
 in 1841, when Major-Goneral Clitherow had to prorogue the legislature 
 on account of the illness of Lord Sydenham. Leg. Asg. .T., 18th Sept., 1841. 
 The second occasion occurred on the prorogation of the legislature in the 
 memorable year 1849, when the re])ellion losses riots occurred and the 
 parliament house in Montreal was burned dowr by the mob. ISIajor 
 General Rowan thou apix}.arcd in place of Lord Elgin. Since 1878 several 
 deputy-governors have been appointed — always the (diief justice of the 
 supreme court of Canada — when his services arc available. Chief Justice 
 Richards acted as deputy-governor in the summer of 1870 when Lord 
 Dufleriu was absent in British Columbia. Ann. Reg. 1878, p. 3(>. C. J. 
 Ritchie in 1881 and 1882, when Lord Lome was absent in the North- 
 West and British Columbia. See Sen. J. [1883], 23 (new Parliament). 
 Also, sec. 14, B. N. A. Act, 1867. Supra, p. 51. 
 
SPEAKER OF THE HOUSE OF COMMONS. 165 
 
 The pxporionce of the old Canada assembly showed the 
 necessity of havinir such a provision in the act, in case 
 of the illness of the speaker. For instance, on one occasion 
 the house had to adjourn for two days, w^hen th(^ clerk 
 had communicated to the house the fact of the speaker's 
 indisposition.' 
 
 There is no deputy speaker in the Canadian Commons, 
 as in the English House ; but chapter two of the statutes 
 of Canada, 1867-S, enacts — 
 
 " Whenevei" the speuUer, from illness or other cause, tinds it 
 neeessaty to leave the chair duririi^ any part of the sittings of 
 the house, he may call upon any member to take the ciuiir, and 
 act as speaker during the remainder of the day, unless the 
 speaker himself resume the chair before the close of the sittings 
 fi'om that day, and while the member so called upon shall (K'cupy 
 the chair, every order made and thing done by the said House of 
 Oomrnons, shall be :ts valid and effectual to all intents and pur- 
 poses as if done whilst the speaker himself was presiding in the 
 chair." 
 
 Consequently, members are constantly called upon to 
 occupy the (*hair during the absence of the speaker in the 
 course of a sitting. It has not been the practice since 
 18*70 to record the factiu the journals.' 
 
 When the speaker enters or leaves the house, he will 
 be preceded by the serjeant-at-arms with the mace, w^hich 
 
 ^ Le.<r. Ass. .1. [1S.3S], 1(11. No business could bo done ; the clerk put 
 the motion for adjournniont. Sec 2 Hatsell, 222. 
 
 ^ Tills is based on the. Imperial Statute IS & 19 Vict., c. S4, relative to 
 deputy speaker. The (tliairnian of ways and means acts as deputy 
 si)eaker, and takes the chair whenever necessary (^lay, 250 ; lOS E. Com. 
 .7. 758, 7G() ; 110 If,. ?^)7^). In case the speaker is absent the clerk informs 
 the house of the fact, and tlie deputy si)eaker proceeds to the chair, and 
 after prayers counts tlie hoTise (121 E. Com. J. 140). If the speaker con- 
 tinues una))le to att(uid, the clerk nuist every day inform the house as 
 soon as it assembles, and the deputy s^x^aker will then take the chair (121 
 Ih. 15G, 103 ; 131 lb. 353). The mace is always on the tal>Ie on such oc- 
 casions, INIay, 251, note. 
 
 '' Leg. Ass. J. [1859], 40, 417, &>'. ; Can. Com. J. [1807-8], 107, &c. 
 
100 sj'I':aki:i!s axp officehs of norii iiovsks. 
 
 will lio on the tiibl*^ whilst ho is in the chtiir, and tho 
 houso is ronscquontly in sossion.' Dnrinij tho rocoss of 
 Parliament the maco is kept in his chamhtTs, and ar<'oni- 
 panios him on all stat<' occasions.- Tlic house cannot 
 proceed to the election oi' speaker without the mace.' 
 
 In the records of the parliamentary history of Canada 
 no examples can be found of the house havino: removed, or 
 attempted to remove a speaker for any cause. In only two 
 instances has the l^^nnlish house been (^dhnl on to express 
 its opinion as to the continuance of a speaker in the 
 chair. ()l))ections were made to th(^ conduct of Sir E. Sey- 
 mour, in ItlTo, but a motion for his removal was rejected.' 
 In the memorable case of Sir John Trevor, 1094, a com- 
 mittee showed that he had received a bribe to promote 
 the passage of a certain bill, and the house resolved that 
 he had been guilty of a high crime and misdemeanour. 
 Thereupon he resigned, and the king immediately gave 
 leave to the house to proceed to the election of a new 
 speaker. Sir John Trevor was then formally expelled.' 
 
 It is the duty of the speaker to preside over all the 
 deliberations of the house, and to enforce its rules and 
 orders of which he is the guardian.'' He announces the 
 business of the house in the order in which it should be 
 taken up. Immediately on taking the chair he will call 
 the house to order, and read the prescribed form of prayer. 
 When the doors have been opened by his order, he will 
 lay before the house any papers or returns that it is his 
 duty to communicate to the same. He receives, and puts 
 to the house, all motions that may be proposed by mem- 
 bers in accordance with the rules and usasces of Parlia- 
 
 * !May, 247. See cliapter vi. resixH-ting maco. 
 
 '^ Visit of Prince of Wales, 18()0. Funeral of Sir G. E. Cartier^. 
 1873, at ^lontreal. 
 ^ 2 Hatsell, 218. 
 
 *'2 Hatsell 204, 207 ; 2 Grey's Debates, ISO. 
 '- Pari. Hist. 1(394, vol. v., pp. 900-10. 
 « 240 E. Hans. (3), 051. 
 
sri:Ah'i:K of the hovsk of com moss. i«;7 
 
 mont. IL' must iinnouncc to tlu- houst* the result ol' any 
 vote on a question. II(^ rot'oivi's in('ssau:o8 i'rom tlic Sniato 
 or th'j i?overnor-«»viu>ral, and aimouiici'stln'm to th«' housf. 
 He onlorces the ohscrvani'o ol' order and decorum amoni^ 
 the members.' lie reprimands or admonishes mc^mhers,^ 
 <»r commits persons to the custody of tlie serjeniit-at-arms 
 when he has received the necc^ssary instructions from the 
 house.' lie must even put a question when it affects 
 himself personally.' lie is "to decide questions of order, 
 subject to an appeal to the house, and in (^xidaininij^ a 
 point of order or practice, he shall state the rule or author- 
 ity applicable to the case." ' He authenticates by his 
 signature, when necessary, all the acts, orders, and pro- 
 ceedinus of the house. He is the '' mouth-piece of the 
 house,"" on 'all occasions when an address is to be pre- 
 sented by the whole house to the queen or her represen- 
 tative in Canada, or to the heir apparent to the Crown." 
 
 This is only a very brief summary of the important 
 functions of the first commoner" — his duties will be more 
 clearly understood by the perusal of other parts of this 
 work. It may not, however, be inappropriate to mention 
 here that all the authorities go to show that the speaker 
 is bound to call attention immediately to any irregularity* 
 
 'Rules. 
 
 2 [Mirror of P. [ISHS], 22()3, 22(i7. 
 
 •' 113 E. Com. .T. i;i2 ; Can. ( "oni. J. [1S73, 2n(l scss.], 13.3. 
 
 ♦ • ■¥.. Com. J. 7U8 ; 1(1 E. Hans. (1), 1170. 
 
 ^iiuleS. 
 
 « 2 Hateell, 230. 
 
 ^ Chap, on addresses. 
 
 ^ For a recapitulation of the responsible, duties devolving on a speaker, 
 and of the high qualities lie should possess, see Sir R. Palmer (Lord 
 Selborne), on election of Mr. Brand, 205» E. Hans. (3), 183 ; Lord Stowell, 
 on re-b>ction of Mr. Abbott in 1S62, Cushing, 127 ; Lex Pa^l. 2G4 ; 2 Pari. 
 Hist. 58.5 ; 2 Hatsell, 242 n. Also, Rejx)rts as to otlice of speaker, E. Com- 
 mons P. 1853 and 1855. 
 
 ® In the Lords, the sjx^aker takes no notice of irregularities until hie 
 attention is specially directed to the same by a member, May, 24(3. 
 
168 SVKAKEliS AND OFFlVEUtS OF BOTH IIOVSES. 
 
 in dcbat*' or procedure, and not to wait for the interposi- 
 tion of a member : 
 
 " Foi" tho speukoi* is not placed in tlic chair merely to read every 
 liit of pa])er, which any nieinher [)utH into his hand in the form of 
 a (piestion ; but it is his duty to make himself jierfectly accpiaint- 
 cd with the orders of the house, and its ancient ])ractiee, and to 
 endeavour to carry those oi'(lers and that piactice into execution. 
 . Therefore, though any mcml»er may, yet Mr. 
 Speaker ought to interiupt any membei's who speak besi(ie the 
 question or otherwise break the rules,"' 
 
 The speaker, however, cannot be caHed npon to decide 
 a question of hiw." 
 
 When the house is in committee of the \vhoh\ the 
 speaker has an opportunity, should he think jiroper to 
 avail himself of it, ol takinu;' part in the debates. This is 
 a privileii-e, however, which, according to the authorities, 
 he will only exercise on rare occasions and under excep- 
 tional circumstan(^es.* For instance, he wall always 
 explain, when necessary, matters connected with the 
 internal economy of the house,^ and may sometimes refer 
 to matters of interest to his constituents when the esti- 
 mates are under consideration." But in the Canadian, as 
 in the English, House of Commons the speaker carefully 
 abstains from taking part in any matter of party contro- 
 versy or di.'bate," and if at times he feels compelled to 
 •express a strong dissent from any public measure, he will 
 confine himself to the expression of his opinion, and will 
 not enter into any argument with others who may differ 
 from him." He never votes on the divisions in committee."* 
 
 » 2 Hatscll, 233. 
 
 2 Leg. Ass. J. [1S(U], 444; Can. Com. J. [1808], IGl ; 150 E. Hans. 
 <3), 2104. 
 
 •' 3Ir. Raikes, comniittee on public l)usine6S, E. Com. P., 1878, p. 136. 
 
 *Can. Hans. [1878], 1819, 2247. 
 
 5 lb. [1878], 1107. 
 
 « May, 415. 
 
 '' 3Ir. Sjieaker Anglin, on Temperance Act, May 7, 1878. 
 
 * Mr. Kaikes, Public B. Com., 1878, p. 13(j. In England, the same 
 
OFFKEliS OF THE IIOISE OF (OMMOXS. 
 
 109 
 
 m. The Officers of the House of Commons, &c. — The «]t'rk of 
 the House of (\)iimi()iis is its rt'cordiu^' olliccr, and sils at 
 the table witli oih' or two assistants. lie is appointed l)y 
 commission under the g-reat s»'al ofC^mtKhi, and holds his 
 office durini^ pleasure,' — virtually until his health or ai^e 
 no Ioniser permits him to perform his duties; an<l then 
 ho is entitle<l to a sui)erannuation allowaiK'e liki' all 
 officers of the eivil service.- He takes notes of the |)ro- 
 ceeding's, of the res fj^csftc, of the ('ommons. He is "to make 
 true entries, rememhrances, and journnis of the thinj^s 
 done and passed in the House of Commons; })ut it is 
 without warrant that he should make minutes of j)arti('u- 
 lar men's speeches." ' His minutes are made up ev Ty 
 day in a brief and convenient shai)e, known as the " votes 
 and proceedini^s," which cf)mprise a record of all th" pro- 
 ceedings, but omit many of the parliamentary forms whi 'h 
 are given in full only in the journals, when thes ' are 
 made up after the close of a session. The votes an; now 
 prepared on the responsibility of the clerk' by an olh -er, 
 
 sjxiakor is ro-oloctetl, whenove.r practical )lo, for several parliamontw. Mr. 
 Shaw Lcfovro was ,s{H^akor about IS years ; Mr. K Dciiison, 15 velars. It 
 is also usual to elevate tlicm to tiie peerajjje, and confer a pension of t:4,00() 
 6terlin<j; on thoni, when they retire from oHi(;e. For instance Mr. Lefi^vro 
 became Viscount Evorsley and jNlr. Denison, Viscount Ossin;_'ton. 144 
 E. Hans. (:5), 2054, itc. ; 20i) Ih. 15()-:5. In the old assemblies of Lower 
 Canada, ^Ir. Panet and Mr. rai>in(niu were re-elected siKiaker several 
 times. ]Mr. Cockburn was elected both in 18()7 and 1S7.'). See speech of 
 Sir J. Macdonald in proposing Mr. Cockburn a second time. Tarl. Deb., 
 1873, p. 1. 
 
 - Tlie commission reads : "For and durin<i; our royal pleasure and the 
 
 continued residence of you the said within our dominion of Canada." 
 
 The clerk of the English Commons is appointed for life by letters-patent. 
 :May, 256. 
 
 " Infra, p. 175. 
 
 " 2 liatsell, 207. The old English journals contained short rejwrts of 
 debates. See \-ol. i. 
 
 * A committee formerly "surveyed the clerk's book," and was intrusted, 
 with a certain discretion in revising the entries. The minutes were also 
 read every day before the commencement of the regular business ; but 
 
no Sl'EAKFJlS AXD OFFICERS OF BOTH HOUSES. 
 
 espoc'ially soL'cted for his kiiowL'dge and ('xporicnco, and 
 it is ordered that "they ])e printed, beinii" first perused by 
 Mr. Speaker." ' In reeording the minutes, the clerk must 
 always wait for the directions of the speaker." Conse- 
 quently the clerk cannot record any motion until it is 
 formally proposed from the chair.' In case of any mistake 
 or omission in the votes it should be immediately noticed 
 by a member in the house ; and it may be corr(vted either 
 by an order of the house, or by the clerk himself in the 
 shape of an erratum at the c^nd of the votes ;* but if the 
 miistake is not discovered until after some time it ought 
 properly to be corrected by an order of the house ;' and 
 sometimes under exceptional circumstances only on the 
 report of a committet^ appointed to investigate the subject.'' 
 It is the duty of the clerk to read whatever requires to 
 be read in the house ; but this part of his duty is now 
 almost invariably performed by one of the assistant clerks- 
 at the table. He authenticates, by his signature, all the 
 orders of the house, for the attendance of persons, for the 
 production of papers and records, for the appointment and 
 
 such usages were soon found inconvenient. 9 E. Com. J. 040 ; Low. Can. 
 J. [1792], 32. 
 
 * Can. Com. .T. [1S77], 12 ; 131 E. Com. J. .5. Tlie six?aker's name is 
 also appended. The clerk also signs the copy forwarded daily to governor- 
 general. 
 
 ^ Hatsell pays : " The rule is to wait for the directions of the speaker, 
 and not to look upon the call of one memlier, or any number of members, 
 as th^ directions of the house, unless Ihey are conveyed to tlie clerk 
 through the usual and only channel by which he can receive them." 
 ii. vol., p. 271. 
 
 ^ In August, 1873, ]\[r. ^Mackenzie rose and read a motion, but before it 
 was proposed from the chair, the gentleman usher of the I'lack rod came 
 down with a message from the governor-general. The speaker immedi- 
 ately left the chair, and went up to the senate chamber where the houses 
 were prorogued. !Xo record consciiuently appears in the journals of the 
 motion in question. Pari. Deh. \)[k 210-211 
 
 * Can. Com. J. [1S71], 17:i ; Votes and P. [ ^" '], 402. 
 
 ° Can. Com. J. [1877], :]3() ; Can. Hans. [1875], 2tJ0, remarks of Sir J. 
 A. Macdonald. 
 « 2 Hatsell, 2(56. 
 
OFFKEPuS OF THE HOUSE OF COMMOys'. 171 
 
 meetinii- of committees,' ajid (trtifio. all the bills which 
 pass the house.- He has the custody of all the journals, 
 papers, and files ; and it is " at his peril"' if he sutlers 
 any of them to be takiMi from the table, or out of his cus- 
 tody, without the leave of the house.* It is the duty of 
 the clerk and clerks assistant " to complete and finish the 
 work remaining at the close of the session."^ He has the 
 " direction and control over all the officers and clerks 
 employed in the offices, subject to such orders as he may 
 from time to time receive from Mr. Speaker or the House.''' 
 He assists the speaker a7id members whenever questions 
 arise with respect to the rules and proceedings of the 
 house. He is to place on the speaker's table " every 
 morning previous to the meeting of the house, the order 
 of the proceedings for the day." '' It is his duty to deliver 
 to each member, at the commencement of every session, a 
 list of all periodical statements which are required bylaw 
 or by resolution of the house to be laid before it." He is 
 to take care that " a copy of the journal, certified by him- 
 self, be delivered each day to his Excellency, the Gover- 
 nor-G eneral." "^ 
 
 The clerk assistant and second clerk assistant take 
 minutes of the proceedings in committee of the w^hole, 
 — the latter only in the absence of the former — and read 
 the titles of all bills in Eu2"lish and French. These offi- 
 cers are not appointed by the Crown as in England,^" but 
 
 ' 2 Hatsell, 2«1S. 
 
 - Rule 44. 
 
 ^2 Hatsell, 2().") ; rule 104. The members have the ri^'lit to j>eruso all 
 pai)ers in the posses'sion of the clerk, and to obtain copies of them throuirh 
 him. 
 
 * Eule 103. 
 
 » Rule 104. 
 
 « Rule 105. 
 
 " Rule 10() (not invariably followed). 
 
 •' Rule 91. 
 
 " 2 Hatsell, 273. 
 
 "'They are appointed, however, in En<.dand, on the recoinmendation of 
 
1Y2 .SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 by Mr. Speaker, like all other officers, clerks, and messen- 
 gers of the house.' No second clerk assistant has been 
 appointed sinci; 1880, but provision for srch an officer is 
 annually made in the estimates. All the officers at the 
 table should be sufficiently conversant with the two lan- 
 guages, so as to translate, when necessary, into the lan- 
 guage with which each of them is best acquainted.^ 
 
 The business of the house also requires the employment 
 •of a large number of permanent and temporary clerks, 
 in addition to the officers Wixu sit at the table. One of 
 the most responsible officers in each house is the law 
 clerk who drafts public bills and "revises them after 
 their first reading." In every subsequent stage of such 
 bills he is " responsible for their correctness, should they 
 be amended." He must also " prepare a ' breviat ' of every 
 public bill, previous to the second reading thereof."^ Fer- 
 
 tile speaker, 19 & 20 Vict., c. 1, Imp. Stat. Treasury Min., Pari. Pap., 1856, 
 vol. 51, p. 1 ; 140 E. Hans. (3), 258, 447. The clerk is appointed by the Crown, 
 on the recommendation of the prime minister, 114 E. Hans. (3), 142. 
 
 * In the old assemblies the clerk had originally the right of appoint- 
 ment, with the ai:>2^robation of the speaker. Leg. Ass. J. [1852], 451, lb. 
 1860, A pp. No. 8; which latter rex^ort was not concurred in. Gradually 
 all the ai)pointments came to be made by the speaker, though the contin- 
 gent accounts committee attempted frequently to limit the Sj^eaker's pre- 
 rogatives in this particular but to no purpose, App. No. 2, Jour. 1802; also, 
 No. 0, Jour. 1806. Jour. [1863], App. No. 1 (not concurred in) ; lb. [1864], 
 498. Also since 1867, see rule 102. Pari. Deb. [1873], G6-7 ; lb. 
 [1878], 708-9; //.. [1879], 35, Sir J. A. Macdouald. In England the 
 vacancies, aB tliey occur, are filled up by the speaker, the clerk, and 
 serjeant-at-arms in their respective departments, 1 Todd, 387. Pari. Pap. 
 1856, vol. 51, p. 1. 52 Geo. Ill, c. 11. No authority a]>pears for taking 
 the privilege out of tlie hands of the clerk in Canada. The speaker 
 has exercised the right for years and the house lias acquiesced iu it as 
 is shown by rule 102. 
 
 '^ The legislative assembly of Canada passed a resolution to that effect 
 in 1859 (p. 323, Jour.) No rule exists in the Commons, but ^Ir. SIX^akor 
 ■will alwr.ys make inquiries on this i^oint, when appointing an otticer to 
 the table. Otlierwise, mucli inconvenience miglit arise, if tlie French 
 clerk were absent — one of the officers being invariably a French Canadian. 
 
 •' Rule 48. In 1880 it was proposed to amalgamate the law and trans- 
 lation departments of the two houses, but after full inquiry a committee 
 
OFFTCERS OF THE HOUSE OF COMMOXff. It3 
 
 manent clerks are also appoiiit^nl to assist the ('oraniit- 
 tees of railways, caiials, and telcirraph lines, of stand- 
 ing orders, of private bills, of privilt^a'os. etc. It is also 
 necessary to employ a statt"of competent translators whose 
 duties are of a very onerous nature. The ch'rk may also 
 employ " at the outset of a session, with the approbation 
 of the speaker, such extra writers as may be necessary, 
 engaging others as the public business may require.''' 
 It is also ordered^ : 
 
 "Before tilling any vacancy in the seivice of the house by the 
 speaker, inquiry shall be made touching the necessity for the 
 continuance of such office ; and the amount of salary to be attach- 
 ed to the same shull be fixed by the speaker, subject to the 
 approval of the house." 
 
 " 1^0 allowance shall be made to any person in the employ of the 
 house, who may not reside at the seat of government for travel- 
 ling expenses, in coming to attend his duties." ^ 
 
 In case of any changes in the personnel of the officers, 
 who have seats on the floor, it is usual for the speaker to 
 communicate the fact to the house when the doors are 
 opened. It is also customary to enter the appointment of 
 a permanent officer in the journals, and in the case of the 
 clerk in the old Canadian Parliament that he had taken the 
 
 reported against the proposition. The duties of the law officers and trans- 
 lators are very fully set forth in memorandums attached to the rejxjrt. Sen. 
 J. [1880], 225-234 ; Com. J. App. No. 4; Sen. Hansard, p. 468 ; also, Sen. J. 
 [1882], 65, 75, report of contingent accounts committee as to duties of a 
 new officer appointed. 
 
 ^ Rule 110. Even this privilege of late years has been exercised nf)t 
 by the clerk, but by the sjjeaker. No limit was for years imposed to tlio 
 number of extra or sessional clerks, which became excessive in some 
 sessions — tlie number steadily increased from 1872 to 1879, and ex- 
 ceeded 70 in the latter year. The commission of internal economy 
 decided to make such clerks permanent, and to limit the number to 25 
 sessional clerks and 5 extra translators, besides 5 junior sessional clerks 
 who had been permanent for years. See Estimates for 1SS2-3, and Can. 
 Hans. [18S0], 1026. 
 
 ■' Rule 102. 
 
 ^ Rule 109. 
 
174 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 required oaths ; but the practice with respect to the latter 
 is variable.' But when an officer is only brouirht iu to fill 
 the place oi" an assistant clerk temporarily absent from 
 illness or other cause, the speaker will mention it to the 
 house, though the clerk need not enter it in the record of 
 proceedings." In case of the unavoidable absence of the 
 clerk from the house, he will inform the house through 
 the speaker that he has appointed a deputy to perform 
 his duties at the table.* 
 
 Under the act providing for the internal economy of the 
 house the speaker may, after inquiry, suspend or remove 
 any clerk, officer, or messenger who has not been appointed 
 by the Crown ; but in the case of an officer, so appointed, 
 he may suspend him and report the fact to the governor- 
 general.' The act, however, makes no provision for the 
 uppointment of officers, clerks or messengers after a dis- 
 solution, and before the new Parliament has met and 
 elected a speaker. The only officer mentioned in the act 
 is the accou.ntant who may be appointed by the speaker 
 who continues in office for the i>urposes of the act.'' Officers. 
 
 iLe-r. As.s. J. [1S41], 5:J ; lb. [1852-3], 170, 211,381,1034; /6. [1SG2], 
 210, 21(3. Can. Com. J. [1872], 15 ; Il>. [1879], 8. The appointment of :Mr. 
 Patrick, as clerk, does not appear in the journals of 1873. It seems that 
 under En<jjlish practice it is not necessary to make a formal announce- 
 ment of crown otficers like the clerk and clerks assistant. The appoint- 
 ment of his successor in 1880-1 was incidentallj' announced, as it was 
 necessary to account for the appointment of a clerk assistant. Jour. p. 1 
 
 - IVIr. Leprohon, in 1877, in absence of clerk assistant, ]\I. Piclie. 
 
 •' 2 Hatsell, 254 ; Leg. Ass. J. [18G2], 21(). In the English Commons, it 
 is usual for the house to express its sense of the exeiiplary manner in 
 which the clerk has discharged his <luties, when the time has come for 
 his retirement. 2 Hatse;^ 254, n. ; 12(i E. Com. J. 27 ; 204 E. Hans. i;3), 
 232. In 1S()2, the legisla-ive assembly of Canada adjourned out of respect 
 to the memory of the late clerk, after passing a resolution on the subject. 
 Jour. U8''-)j -10- St'^' also proceeding in the Senate on retirement of Mr. Le 
 INIoine, who was allowed certain honorary privileges. Sen. J. [1883], 278. 
 Hans. p. 6'27. 
 
 * 31 Vict., c. 27, sec. 0. 
 
 '" In 1878-9 u difticulty arose with respect to the right of the speaker, 
 after the dissolution of 1878, to make certain appointments. Mr. Anglin. 
 
OFFICEIIS OF THE HOUSE OF COMMOSS. 175 
 
 clerks, and m«>sspiiu»»rs iiro to takii the oath oi' allci^iaiico 
 on their appointment, belore the clerk, Avho shall keep a 
 register ibr the purpose.' The suiieraunuation act applies 
 to the permanent officers and servants of both houses, 
 '• who, for the purposes of this act, shall be held to be in the 
 civil service of Canada, saving always all K'gal riii'hts and 
 privileges of either house as respects the appointment or 
 rem^oval of these officers and servants or any of them."' 
 
 The serjeant-at-arms is appointed by the Crown, and 
 remains in olHce during pleasure, or until he is super- 
 annuated. He sits at a desk near the bar ; attends the 
 speaker with the mace at the assembling and proroga- 
 tion of Parliament, at the daily opening and adjournment 
 of the house, and on all state occasions when the house 
 is supposed to be present ; ' serves the processes and exe- 
 cutes the orders of the C^ommons ;' arrests all persons who 
 are ordered to be taken into custody ;' conlines in his cus- 
 
 who had been speaker from 1874 to 1878, ordered several ai>pointmcnts 
 and after a long controversy, as to his right, which appears in a corres- 
 pondence l)et\veen himself and the clerk, they were never actually made. 
 The question came up in the House of Commons, and the report of the 
 debate will show what difieren''es of oi>inion existed on the point in dis- 
 })ute ; but no legislation took place to obviate sui-h difficulties in the 
 future. Can. Hans. [1870], 29-41. Correspondence, Sess. Pap. 187i>, No. 17. 
 
 ^ 31 Vict., c. 27, s. 10. The clerk in 1841 took the oath before the vice 
 chancellor then speaker of the council, Leg. Coun. J. [1841], 21. The act 
 of 1867 only i)rovided for the clerk taking the oath before the speaker on 
 the passage of that act. In 1880-1 when a new clerk Mas appointed, no 
 provision existed for his taking the necessary oaths. Tlie new clerk of 
 the privy council had not the power as in the case of his predecessor — 
 his authority being confined to officers under the Civil Service Act (sec. 
 26, chap. 34, Vict. 31). Consequently the clerk of the house had to apply 
 to Lord Lome, who administere<l the oatlis of office and allegiance by 
 virtue of his commission as governor-general (Sess. Tap. 1879, No. 14.) 
 Subsequently the governor-general authorized the clerk of the privy coun- 
 cil to administer such oaths as formerly. 
 
 - 46 Vict., c. 8, s. 1, Dom. Stat. 
 
 '^ Funeral of Sir G. E. Cartier, 1873. 
 
 * May, 2C>7) ; 1.5 Mirror of P. [1840], 720 ; Can. Com. .1. [1873], 12, 70. 
 
 ^ May, 265 ; 95 E. Com. J. 56-59 ; Can. Com. J. [1873], 135 ; 15 Mirror 
 of P., 722, 795. 
 
ItO SPEAKERS AXD OFFICERS OF BOTH HOUSES. 
 
 tody or elsewhere, all those who arc cominittecl by order 
 of the house ; ' gives notice of all messages from the 
 Senate ; preserves order in th(; galleries and other parts of 
 the house." He is responsible for the safe-keeping of the 
 maee, furniture and littings thereof, and for the condu't 
 of the messengers and inferior servants of the Commons.' 
 He is entitled to a fee of four dollars from all persons who 
 shall have been comiriitted to his custody.* He has the 
 right to appoint a deputy with the sanction of the speaker 
 who will always report such an appointment to the 
 house.^ The serjeant-at-arms being the chief executive 
 officer of the Commons, to whom the warrant of the prt?- 
 siding officer is directed, and by whom it is served, it is 
 commonly against him that complaints are instituted, or 
 actions brought for executing the orders of the assembly.*^ 
 
 IV. Admission of Strangers.— As the serjeant-at-arms main- 
 tains order in the galleries and lobbies of the house, some 
 allusion may very appropriately be made here to the 
 orders and arrangements of the house with reference to 
 the admission of strangers. The senators have a gallery 
 devoted exclusively to themselves ; the speaker also gives 
 admission to a gallery of his own, and to a few privileged 
 seats in the passages to the right and left of the chair. The 
 public in general is admitted to other galleries by tickets 
 distributed to members by the serjeant-at-arms. Strangers 
 are not obliged to withdraw in the Canadian Commons 
 when a division takes place. In the session of 1876 the 
 Commons — and the Senate, also — adopted as a standing 
 
 » 113 E. Com. J. 192 ; Leg. Ass. J. [18G6], 265. 
 
 '' E. Com. Pap. lS-47-8, vol. xvi., p. 45. 
 
 ' Rule 107. 
 
 * Rule 108. 
 
 ^ Can. Com. ,1. [1^72], l-'.. 
 
 ^ Cases of Sir Francis Bunlett (1810); Mr. Howard (1842-3) ; Mr. Lines 
 (1852), given by May, 181-89. See also Cushing, 134. See also, action 
 against deputy Serjeant of English house, in 1882, by Mr. Bradlaugh, 
 Tirnes, 12th Jan., and 21st Feb., 1883 ; May, 189. 
 
rij:nk' of the cnowx rx niAXcEnv. 177 
 
 ordor' the rollowini:" resolution wliich was lirst proposed 
 by ^Ir. Disraeli.- in 1875, in the English House oi" Com- 
 mons : 
 
 " Itj tit any ^ittiiit^ oftlie Seiiuto (or IIouho). any mcmltor shall 
 take notice that strangers ai-e present, the speaker or the cliair- 
 man (as the case may he) shall forthwith put tho(|iiestion, 'That 
 strangers he ordered to withilraw,' without permitting any dehate 
 or amendment: Pj-ovidod that the speaker, or the chairman, may, 
 whenever he thinks proper, order the withdrawal of strangers." 
 
 The 5th rule also orders : 
 
 " Any stranger admitted into any part of the house or gallery, 
 who shall misconduct himself, or shall not withdraw when stran- 
 gers are directed to withdraw, while the house oi- any committee 
 of the whole house, is sitting, shall he taken into custody hy the 
 serjeant-at-arms ; and no person so taken into custody is to bo 
 discharged without the special order of the house." 
 
 V. The Clerk of the Crown in Chancery.— The clerk of the 
 crown in chancery is ahvays present at the table of the 
 House of Commons, at the commencement of a new Par- 
 liament, and hands to the clerk the roll, or return book, 
 which contains the list of members elected to serve in the 
 Parliament.^ In conformity with law^ he issues writs for 
 elections,^ makes certificates to the house, in due form, of 
 the return of members, and performs other functions 
 relating to elections.^ He attends the house with election 
 returns, and amends the same, w^hen so ordered.'' The 
 various proclamations, summoning, proroguing, and dis- 
 solving Parliament, are issued by command out of 
 
 ' Sen. S. 0. 11 ; Com. S. O. 6. 
 
 - 130 E. Com. J. 243 ; 224 E. Hans. (3), 1185 ; 131 E. Com. J. 79 ; 227 
 E. Hans. (3), 1420. 
 
 ^ Can. Com. J. 1867-r, 1879, 'kc, p. 1. 
 * 37 Vict., c. 10, s. 36 ; 41 Vict., c. 5, ss. 12-15. 
 
 ^ 37 Vict., c. 9, ss. 61, 64, 65, 66, 67, 116, 132, etc. ; Can. Com. J. [1882], 
 3-8, &c. 
 « Can. Com. J. [1873], 5 ; lb. [1883], 41, 261, 262. 
 12 
 
178 SPEAKERS AND OFFICETiS OF BOTH HOrSES. 
 
 ChiiiKM'ry.' n<* is also required to attend in tho Senate 
 chainl)er at the close ot* a session, or whenever his Excel- 
 lency, tho Grovernor-Gren(?ral, gives the royal assent to hills, 
 the titles of which it is the duty of this officer to read in 
 the two languages.- lie is ai)pointed hy the Crown.** 
 
 VI. The Votes and Journals.— Th<i " Votes and Proeeedinc^s " 
 are printed daily, and distrilmted in English and French to 
 members and others. The Journals' are prepared under 
 the direction of the clerk, by an officer of experience, called 
 the clerk of journals. These journals are made up from 
 the original minutes of the clerk, and whenever they 
 differ from the votes and proceedings they alone are held 
 to be correct.' A member may movi; that an entry in the 
 journals be expunged," and in this way a resolution of a 
 former session has been ordered to be struck out." "When 
 a motion or entry has been ordtn-ed to be expunged, no 
 mention of it will ax)pear in the votes."^ When any person 
 requires the journals of the Commons as evidence in a 
 court of law, or for any legal x^urpose, he may either 
 obtain from the journal oliice a copy of the entries 
 required without the signature of any officer, and swear 
 himself that it is a true copy, or, with the permission of 
 the house, or, during the prorogation, of the speaker, he may 
 secure the attendance of an officer to produce the printed 
 journal, or extracts which he certifies to be true coi:)ies ; 
 
 ' Can. Com. J. [1S83], at couimencemeiit of volume. 
 
 - Sen. J. [1SS3], 294. 
 
 '' Hat.sell points out (II. 245 and 252, n.) that "he is also an oflicer of 
 the House of Commons," tliough appointed by the Crown and in attend- 
 ance on the Lords on certain occasions. 
 
 * The journals were first printed in their present large 8vo. form 
 [1852-3], 85. 
 
 " Perry ifc Knapp, 530 ; Pari. Deb. V., 20. 
 
 « 5 E. Com. J. 197 ; 33 lb. 509. Sen. J. [1871], 134 ; Debates, 278. 
 
 '' May, 263 ; 38 E. Com. J. 977, resolution respecting Wilkes. 
 
 n7 E. Hans. (3), 1324 ; 137 lb. 202 ; May, 263. 
 
THE VOTES AND JOVRXALS. It9 
 
 or, if nocessary, the orii^iiial manuscript journal })oi)k.' It 
 is provided by the 8rd section of 31 Vi<t., chap. 22, that 
 " upon any inquiry touching- the privileges, immunities, 
 and powers of the Senate and House of Commons, or of 
 any member thereof respe(.tively, any copy of the journals 
 of the Senate or House of Commons, printed or purporting 
 to })e printed, by order of the Senate or House of Com- 
 mons, shall be admitted as evidence of such journals by 
 all courts, justices, and others, without any proof being 
 given that such copies were so printed." It is also ordered 
 by the 92nd rule of the Commons " that this house 
 doth consent that its journal may be searched by the 
 Senate, in like manner as this house may, according to 
 parliamentary usage, search the journal of the Senate." 
 The daily publication of the journals of the two houses 
 has, however, rendered this rule now almost nugatory. 
 In former times this proceeding was not unfrequently 
 resorted to." A similar resolution still remains among the 
 rules of the Senate.' 
 
 In case certain documents or records belonging to the 
 
 ' ]May, 261, 2G2. B.v Act 8 & 9 Yiot., c. 113, s. :5., Imp. Stat, all copies 
 of the journals of eithor liouso, purporting to bo i)rinte.d by the printers to 
 eitiier house, shall be iidiuitteil as evidence thereof by all courts, judges, 
 justices and others, without any proof being given that surh copies were 
 so printed. It has been decided in Englisli courts that copies of the 
 journals are evidence; Rex v. Gordon (Lord George), 2 Doug., 590; See 
 [Mortimer r. McCallan, 6 ; IMeeson and Welsl)y, 67. But an entry in a 
 printed copy of the journals of the E. House of Commons is not receivable 
 unless it has been compared with some original at the house ; but an 
 examined copy of an entry in the minute book kept by the clerk at the 
 table of the house is receivable. Chubb v. Salomans, 3 Carrington and 
 Kirwan ; Pollock. C. S. U. C, c 32, s. 6, re-enacted by R. S. O., c. 62, s. 29, 
 ])rovides that whenever any book or other document is of so public a 
 nature as to be admissible in evidence on its mere production from the 
 ])roper custody a copy or extract therefrom shall be admissible in evidence 
 in the courts, provided it be proved that it is an examined copy or extract, 
 so that it purports to be signed and certified as a true copy or extract by 
 the oflficer to whose custody the original has been entrusted. 
 
 - Leg. Ass. J. [1856], 747. 
 
 '' R. 110. 
 
180 SPEAK EUS AND OFFICEIiS OF JiOTII IIOCSEs. 
 
 Commons aro roquin'd in an iictioii hcforc ilic courts, the 
 house will i>iv(* permission to th«^ i^'opcr ollicrr to attcud 
 with the necessary papers, on a petition havini»' heen lirst 
 proseuted to the house, w«'tting forth the tacts.' Uuriniv 
 the proroj^vtion, as previously stated, it is usual to obtain 
 the permission oi' the speaker. 
 
 Vn. The Official Reports.— It is only within a very recent 
 period that the House oi" Commons has auTeed to employ 
 an edicient stall" of oili<ial reporters. Previous to 1874 all 
 attempts in this direction were fruitless,- though it had 
 not been unusual to make special arrangements for the 
 reporting of very important debates in the house aud its 
 committees.' In 1874 a select committee was appointed 
 to report on the best means of obtaining a Canadian Han- 
 sard ; and the result was the adoption of a scheme which 
 was carried out in 187-3.' Since tht^i the debates have 
 been reported by a stall of reporters paid by the house, 
 and published in a form similar to that of the English 
 Hansard. The reports are, as a rule, very correct, and a 
 decided improvement upon the partial, imperfect reports in 
 the newspapers to which the members were previously 
 obliged to refer. Any one who has to gather the 
 materials for a political work, or to find precedents of old 
 parliamentary usages and procedure in this country, must 
 see the value of such a correct record as is afforded by the 
 several series known as Hansard's Debates.' 
 
 ' 13(5 E. Com. J. 320, .3.37. 
 
 H'an. Com. J. [1867-8], 33, 48, GO, GS, 399. See also journals of 1870 
 and 1871. 
 
 ^ Ih. [1SG7-8], 200. The debates on confederation during 1865 were 
 rejx)rted in full by the authority of the legislative assembly. 
 
 * Ih. [1875], 55, 58,90, i»9, 180, 205, 327, 342, 343 ; lb. [1876], 58, G2, Go, 
 80, 86, 93, 100, 261 ; lb. [1877], 22, 23, 27, 233, 245. It is always usual at 
 the close of a session to make arrangements for the next. Jour. [1877], 
 233, 245. 
 
 ^ See 224 E. Hans. (3)48, &c., for a report of an interesting discussion on 
 the publicity now given to debates in English Commons, &c. 
 
LrniiARY AM) liEADISG ROOMS. 181 
 
 The Si nato hus also an ollicijil n'cord similar to that oi" 
 t ho House of Commons. In both houses, one of the first 
 proi'( '('(line's at the openinGf of the session is to appoint a 
 select committee to supervise the olUcial reports of de})ates.' 
 The reporters, both Fren(^h and English, are now ])erman- 
 ent ollicers of the Commons.' 
 
 VIII. Library and Reading Rooms.— The Parliament of Can- 
 ada supports at a large expense a valuable library for the 
 use of the members of the two houses. By an act' passed 
 in the session of 18^1, it is provided that the direction and 
 control of the library shall be vested in the two speakers, 
 assisted by a joint committee of the two houses. This 
 committee' has power, from time to time, to make orders 
 and regulations for the governmimt of the library, and for 
 the proper expenditure of inoni'ys to be voted by Parlia- 
 ment for the purchase of books, subject, however, to 
 the approval of the two houses.'^ The officers and servants 
 consist of a librarian,'' an assistant librarian, and several 
 clerks and messengers, who are appointed by thc^ Crown, 
 and hold office during pleasure. Under the rules' the 
 librarian must keep a proper catalogue of the works in the 
 library and report its condition to the house at the com- 
 mencement of every session."^ No person is entitled to 
 resort to the library during the session except the gover- 
 
 » Son. J. [1SS3], 42, 215 ; Com. J. 20. 
 
 '^ Com. J. [18«0], 2G8, 281, 34!) ; Jh. [1883], 176, 188. 
 
 ^34 Vict., c. 21, Dom. Stat. 
 
 * Appointed at the commencement of every session. 
 
 ^ Can. Com. J. [1873], 307, 305, 384, recommending^ increase in salaries 
 — which recommendation was adopted by tiie house. No changes can 
 1)6 made in the (salaries save by resolutions of both houses ; sec. 4 of cited 
 statute. Can. Com. J. [1880], 232, 281. 
 
 " The present librarian, Dr. Alpheus Todd, is a well known authority 
 on Parliamentary Government. The library now comprises a large and 
 valuable collection of books (some 100,000 volumes) in every department 
 of literature. See librarian's reports every session of Parliament. 
 
 ' Rules 111-118 of Commons. 
 
 * Can. Com. J. [1879], 8, Sess. P., No. 10, &c. 
 
182 SPEAKERS AXI) OFFfCERS OF BOTH HOUSES. 
 
 nor-2:o]ioral, tho moml)ors of'tho privy council, aiul of the 
 two houses, and the olHcers of the same, and such other 
 persons as may receive a written order of admission from 
 the speaker of either hous(\ Members may personally 
 introduce stranu'ers to the library during the daytime, but 
 not ;i ft er the hour of seven o'clock in the evening. The 
 sp(»akers issue cards to members allowing the use of books 
 during the recess to p(n"sons outside — two works at a time 
 for three weeks. During the session no books (^an be 
 taken out except upon the authority of the speaker, or 
 upon receipts given by a member of either house. During 
 the recess access is given to all those who have tickets or 
 cards admitting them to th(^ privileges of the library, or 
 have received permission from the librarian. No member 
 of either house who is not resident at the seat of govern- 
 ment is at liberty to borrow or have in his possession at 
 anv one time more than three works, or to retain the same 
 longer than a month. No books of reference or of special 
 cost or value may be removed from the seat of govern- 
 ment under any circumstances. At the first meeting of 
 the joint committee the librarian will report any infrac- 
 tion of the rules. 
 
 It was formerly the practice for the committee on the 
 library ' o act as a " Board for the encouragement of liter- 
 ary undertakings" in Canada, and to recommend from 
 time to time that the patronage of the leaislature should 
 be extended to various native authors. In 1867-8 the 
 committet^ reported that thereafter the executive govern- 
 ment should themselves assume the responsibility of 
 recommending to Parliament grants of money in aid of 
 useful and valuable publications.' The committee con- 
 tinue, however, to recommend that aid be given to works 
 relating to constitutional questions and parliamentary 
 practice." 
 
 1 Can. Com. ,1. [lS(i7-8], 251. 
 
 •' lb. [1S7U], 345, 414 ; lb. [1SS8], 178 ; Son. J. 122-127. In tlie two last 
 
COMMISSlOXEJiS OF lyTERXAL IXOXOMY. 183 
 
 Each of tho houses has also attached to it a reacliiur 
 room, where are filed the leading newspapers of the two 
 continents. By the 110th rule : 
 
 " The clerk is authorized to subscribe for the newspapers pub- 
 lished in the dominion, and for such other ])apcrs, British and 
 foreign, as maybe from time to timo directed by the speaker." 
 
 Access to these reading rooms during th«» session is per- 
 mitted to j)ersons introduced by a member.' 
 
 IX. The Commissioners of Internal Economy.— Certain expenses 
 of the legislative assembly of Canada were always regu- 
 lated by a committee of contingencies, aj^pointed at the 
 opening of each session. On its n^port the salaries and 
 other contingent expenses were provided for." The com- 
 mittee was re-appointed in 1807-8, and made several 
 reports which were acted upon ;^ Init during the same 
 session, the premier (Sir John Macdonald) brought in a 
 bill respecting the internal economy of the House of Com- 
 mons, which was unanimously passed.' By this act the 
 speaker of the house, and four members of the privy 
 council who are also members of the house, are appointed 
 commissioners to carry out the objects of the statute. The 
 names of the four commissioners must be communicated 
 by message from the governor to the House of Commons 
 in the lirst week of each session of Parliament,' — the said 
 commissioners being appointed by the governor in coun- 
 cil. For the purposes of this act, the person wiio shall 
 
 cases, a veto was put in the estiiuatos, in accordance with the recoiu- 
 mendation of the committee. Jour. [18s:5], 433. 
 
 ' Rules of admission are posted up in the reading room of the Commons 
 under the autliority of tlie si)eaker. 
 
 2 Le.g. Ass. J. [IHOl], 1», (>(), 13S, 25S), 2t)0. 
 
 =* Can. Com. J. [18(57-8], 5, 22, 143, 188, isr,, 208. 
 
 * Ih. [1807-8], 305, 430 ; 36 Vict., c. 27, Dom. Stat. See Imp. Stat. 52 
 Geo. III., c. 11 ; c^ 10 Vict., c. 77 ; 12 c^ 13 Vict., c. 72 ; 1 Todd, 405-0. 
 The Canadian Act is based on these imperial statutes. 
 
 ^ Can. Com. .J. [1809], 20 ; Ih. [1871], 17 ; Ih. [1874], 8 ; Ih. [1875], 65 ; 
 lb. [1870], 05 ; [1877], omitted ; lb. [1878], 39 ; lb. [187'J], 17, &c. 
 
184 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 fill the office of speaker at the time of any dissolution of 
 Parliament shall be deemed to be the si)eaker until a 
 speaker shall be chosen by the new Parliament ; and in 
 the event of the death, disability, or absence from Canada 
 of the speaker, during any dissolution or i:>rorogation of 
 Parliament, any three of the commissioners — three being 
 always a quorum — may execute any of the purposes of 
 this act. The speaker is to appoint an accountant, who 
 must give proper security. The accountant has the dis- 
 bursement of all the moneys required to pay members' 
 indemnity, salaries of clerks, officers, and messengers, and 
 •other contingent expenses of the house. His account, 
 duly audited, is laid before the house soon after the com- 
 m.encement of the session.^ The clerk and serjeant-at- 
 arms shall make estimates of the sums required for the 
 service of the house. These estimates shall be submitted 
 to the speaker for his approval, who will prepare and sign 
 an estimate for the necessary expenditures, and transmit 
 the same to the minister of finance for his approval. 
 
 The clerk of the printing committee must also prepare, 
 under the sanction of that committee, an annual estimate 
 of the sums which will probably be required to be pro- 
 vided by Parliament for the printing services during the 
 year, commencing on the first of July in each year ; and 
 he must transmit the same to the minister of finance for 
 his approval. The commissioners of internal economy 
 now regulate with the speaker all salaries and expenses — 
 in fact, assist the speaker as an advisory or consulting 
 board with respect to the stalT of the house. By an act^ 
 passed in the session of 18*78, more stringent provision was 
 m.ade for the auditing of the accounts of the public de- 
 partments, and for the reporting thereon to the house of 
 Commons by an auditor-general, but as this act did not 
 appear to include the two houses of Parliament,"* the com- 
 
 ^ Can. Com. J. [1877], 18 ; lb. [1879], 8. 
 ^ 41 Vict., c. 7. See chapter on supply. 
 ^ Auditor General's Rep. 1880, Sess- P., ]S^o. 5, pp. 15-16. 
 
comnssioNERS of isternal economy. 185 
 
 mittee of public accounts recommended the adoption by 
 the house of certain resolutions declaring it advisable to 
 have the accounts of the two houses, as well as of the 
 library, audited in due form.^ The houses subsequently 
 agreed to have their accounts fully audited — the printing 
 and library accounts being included in the resolutions on 
 the subject.^ 
 
 » Com. Jour. [1880], 119. 
 
 2 Sen. J. [1880], 96-7 ; Com. J. 125-G. Auditor General's Rep. for 1881, 
 and subsequent years. 
 
CHAPTER IV. 
 
 PRIVILEGES AND POWERS OF PALLIA MEXT. 
 
 I. Claim of PriviloLros at common cement of a ne'.v Parliament. — II. 
 Statutes on Privileges of the Canadian Parliament. — III. P^xtent of 
 
 Privileges. — IV. Personal Privileges of ^Members. — V. Freedom of 
 Speech. — VI. Libelions Reflections on ^lembors collectively or severally. 
 — VII. Proceedings of Select Committees. — VIII. Assaulting, menac- 
 ing, or ciiallenging of Members. — IX. Disobedience to Orders of the 
 House, &.C. — X. Attempt to bribe Memljers. — XI. Privileged Persons 
 not Members. — XII. Punishment of a Contempt of Privileges. — XIII. 
 Power of Commitment. — XIV. Duration of Power of Commitment. 
 XV. Procedure in case of a breach of Privilege. — XVI. Susix?nsion and 
 Expulsion of Members. — XVII. Power to Summon and Examine Wit- 
 nesses — Procedure in such cases. — XVIII. Privileges of Provincial Leg- 
 islatures. 
 
 I. Claim of Privileges at commencemeiit of a new Parliament.— 
 At the commeiicenient of every new Parliameut the 
 speaker will, immediately after his electiou by the House 
 of Commons, on presenting himself before the governor- 
 general in the Senate chamber, proceed to claim on behalf 
 of the Commons : 
 
 " All theii- undoubted rights and privileges, especially that 
 they may have freedom of speech in their debates, access to his 
 Excellency's person at all seasonable times, and that their pro- 
 ceedings may receive from his Excellency the "most favourable 
 interpretation." ^ 
 
 1 Can. Com. J. (1867-8), 3 ; 1873. 1S74, 1879 and 1883. This formula has 
 varied a little since 1792 [Low. ( 'an. J. (1792), 10 ; Upp. Can. J. p. 5 ; Leg. 
 Ass. J. (1841), 3.] See, howt'ver, on this point : " Are Legislatures Parlia- 
 ments?" By F. Taylor (pp. (lo-S), who points out what he considers 
 material difl'erences in the formula. In the English Parliament it is still 
 
STATUTES OX rETVILEaES. 187 
 
 If a speaker should be elected dnrini:^ :i Parliament, it 
 will not be no(H»ssary that he should renew the claim for 
 privile^vs, as these, havinc^ been dcnnanded at the begin- 
 ning of a Parliament, continue in force during* its legal 
 existence.^ 
 
 II. Statutes on Privileges of the Canadian Parliament.— The 
 18th section of the British North America Act, 18G7, 
 provides : 
 
 "The pi-iviloges, immunities, and powers to bo hold, enjoyed, 
 and exercised by the Senate, and by the House of Commons, and 
 by the members thereof respectively, shall bo such as are from 
 time to time detined by act of the Parliament of Canada, but so 
 that the same shall never exceed those at the passhij of this act 
 held, enjoyed, and oxeicisod by the Commons House of Parlia- 
 ment of the United Kingdom of Great Britain and Ireland, and 
 by the members thereof." 
 
 Some years later doubts having arisen as to the powers 
 enjoyed under the foregoing section by the Parliament of 
 Canada,- an imperial statute repealed the se(;tion and sub- 
 stituted the following : 
 
 ''The privileges, immunities, and powers to be held, enjoyed, 
 and exercised by the Senate and House of Commons, and by the 
 members thereof respectively, shall be such as are from time to 
 time detined by act of the Parliament of Canada, but so that any 
 act of the Parliament of Canada detining such privileges, im- 
 munities, and powers, shall not confer any privileges, immunities, 
 or powers exceeding those at the passing of such act, held, enjoyed, 
 
 usual to demand freodom from arrest of their persons and servants ; 
 E. Com. J. for 1852, 1S()!) and 1874. May, p. 6d,not(', explains that the claim 
 for servants was still retained, when the question was considered in 18.53, 
 as it was doubtful whether certain privileges might not attach to tho ser- 
 vants of members, in attendance at the house. The otKcers and servants 
 of the house &re still privileged within its precincts. 2 Ilatsell, 22o ; 108 
 E. Com. .T. 7. 
 
 ^ See chapter VI. 
 
 '■^ See chapter on select committees (witnesses) where the ditiicultVy 
 rendering new legislation necessary, is explained at length. 
 
188 I'OWEIt^ AND PRIVILEGES. 
 
 uikI oxoi'cisod bv the Coiiinions House of Pailiamont of the 
 United KiiiLfdorn of Great Britain and Ii-elan(J, and by the niein- 
 bers thereof." ' 
 
 Oil tho assembling- of tho first Parliament of the domin- 
 ion in 18t)7-8, an aet was passed " to delinethe privileges, 
 immunities, and powers of the Senate and House of Com- 
 mons, and to give summary protection to persons 
 employed in the publication of parliamentary papers.'" 
 Under this act the two houses respectively and their 
 members shall exercise the like privileges as, at the rime 
 of the passing of the British North America Act, 18G7, 
 were enjoyed by the Commons House of Grreat Britain, so 
 far as the same are consistent with the said act. These 
 privileges are deemed part of the general and public law 
 of Canada, and it is not necessary to plead the same, but 
 they shall be noticed judicially in the courts. Any copy 
 of the journals, printed by order of the two houses, shall 
 be admitted as sufficient evidence in any inquiry as to 
 the privileges of Parliament. Provision is also made for 
 protection to i:)ersoiis x^ublishiiig j)arliamentary papers 
 and reports." 
 
 in. Extent of Privileges.— It is quite obvious that a legis- 
 lative assembly would be entirely unable to discharge its 
 functions with efficiency unless it had the power to pun- 
 ish offenders, to impose disciplinary regulations upon its 
 members, to enforce obedience to its commands, and to 
 prevent any interference with its deliberations and pro- 
 ceedings. In the early times of iDarliamentary govern- 
 m.ent in England, the extent of the privileges of Parlia- 
 ment was vaguely defined, but now all privileges 
 essential to enable each branch of the legislature to per- 
 form its appropriate constitutional functions, are at length 
 
 ^ 38-39 Vict. c. 38, Imp. Stat., given in full at end of vol. containing 
 rules and orders, and also in Dominion Statutes for 1876. 
 
 "" 31 Vict. c. 23, Dom. Stat. 
 
EXTENT OF PJIIVILEGES!. 180 
 
 as well ro('02:iiized and estiiblishod and as aocnratt'ly 
 definod, partly l)y usage, partly by law, and partly by the 
 admission of co-ordinate authorities, as are any of the 
 rules and principles of the common law.' Doth houses 
 now declare what cases, by the law and custom of Parlia- 
 ment, are breaches of privilege, and punish tht^ offenders 
 by censure or commitment, in the sam^ manner as courts 
 of justice punish for contempt.- "Whatever Parliament 
 has constantly declared to be a privilege is the sole evi- 
 dence of its being part of the ancient law of Parliament. 
 At the same time it has been clearly laid down by the 
 highest authorities that, although either house may 
 expound the law of Parliament, and vindicate its own 
 privileges, it is agreed that no new privilege can be 
 created.^ A breach of privilege committed in one Parlia- 
 ment may be considered and dealt with in another Parlia- 
 ment.^ So either house may punish in one session 
 offences that have been committed in another.' 
 
 "With these general remarks on the privilegi\^ of Parlia- 
 ment, we may now proceed to give the following summary 
 of their character and extent, as we gather them from the 
 English authorities, which are our only correct guide on 
 such a subject. 
 
 rV. Personal Privileges of Members.— ^Members are protected in 
 their attendance on Parliament, and guaranteed against all 
 restraint and intimidation in the discharge of their duties, 
 and it is a general principle of English parliamentary law 
 that " at the moment of the execution of the indenture 
 
 ' dishing, 217. 
 
 - May, 73 ; 8 Grey's D. 232. 
 
 ' May, 72. 14 E. Com. J. 555, 560. 
 
 * 31 Pari. Hist. 198. 1 Hatsell, 184. 1 E. Com. J. 925 ; 2 Ih. 63 ; 13 Ih. 
 735. May, 109. 
 
 ^ May, 110. Resolution of 4th and 14th April, 1707 ; 15 E. Com. J. 376, 
 386. 21 Lord's J. 189. 22 E. Com. J. 210. 249 E. Hans. (3), 989. Can. 
 Com. J. (1880, 1st sess.), 24,58-9. Case of J. A. Macdonell for using offen- 
 sive expressions in a previous session against Mr. Huntington. 
 
190 rOWERS AND PRIVILEGED 
 
 (or return) the existence of the member, as a member of 
 Parliament, eommcnices to all intents and purposes." ' 
 This priviU'ge continues in full force, whether a member 
 is absent with or without leave of the assembly, and only 
 ceases when the member resiuj-ns, accepts an office of 
 emolument, or is expelled.- The privilege has been 
 always held to protec. members from arrest and imprison- 
 ment under civil process, whether the suit beatttie action 
 of an individual or of the public;' but " it is not claim- 
 able for any indictable offenc^e." ' This privilege of free- 
 dom from arrest on civil process has been allowed for forty 
 days before and after the meeting of Parliament, It con- 
 tinues during the whole session and is enjoyed even after a 
 ♦dissolution'' for a reasonable and convenient time for return- 
 
 ' 1 Ilatsoll, 106 ; 2 lb. 75, note. Coke says : "Every man is obliged at 
 "his peril to take notice, who are members of either house, returned of 
 record." Fourth Inst. 24. See also Fortnam r. Lord Rokeby, Taunt Rej). 
 IV.GG8. 
 
 - Cushin.ir, 226. 
 
 •' Lord Brougham, Welleysley's case, Russell & INIylnes' R. II. 073, 
 AVestmeath r. AVestmeath, Law J. IX. (chancery), 179. Hale on P. 10, 30. 
 
 * Committee of R, Sess. P. (1831), 114 ; also 2 E. Com. J. 201 ; 4 Lord'.s 
 J. 309 ; 11 E. Com. .7. 784 ; 29 lb. 089. 15 Pari. Hist. 1362-1378. The 
 most memorable case is that of Lord C'ochrane (afterwards Earl of Duu- 
 donald) arrested in the house, whilst not in session. It was considered 
 that the circumstances were just the same as if he had been arrested on 
 his way down to the house. 30 E. Hans. (1 ), 336-7. A member may not be 
 committed for contempt of Court, except it is of a qutm criminal nature 
 — not jmrt of a civil process. Case of Fortescue Harrison, 1880 ; May, 160. 
 
 '- May, 138-43. Barnardo r. IMordaunt, 1 Lord Ken, 125; 1 Dwarris, 101. 
 Pitt's case, 1 Strange, 985, K. B. Cases, temi)ore Hardwicke, 28. In case 
 of Mr. Fortescue Harrison, 1880, Yice-Chanccllor Hall held that the privi- 
 lege extended to 40 days after a prorogation or dissolution. Times, l()th 
 April, 1880 ; May, 1(50. An act of the Ontario legislature continues it for 
 20 days before and after. Rev. Stat., chap. 12, s. 45, sub-s. 11. In the case 
 of the (iueen r. Gamble & Boulton (9 U. C, Q. B. 540), it was held, that a 
 member of the Provincial Parliament was privileged from arrest in civil 
 ■oases, and that the period for which the privilege lasted was the same as 
 in England. The judge, in delivering the opinion of the court, said: 
 '" And while, apart from our own statutes and judicial decisions, I see 
 nothing in the decisions in Beaumont v. Barrett et al , or the more recent 
 
EXTENT OF PRIVILEGES. 191 
 
 iuir home." Membors may, however, be coerced l)v every 
 leiral process except the attachment of their bodies.' 
 
 The privilei,^es of (exemption from serving as jurors, or 
 attending? as witnesses, during" asessionof Parliament, are 
 well establish I'd," and precedents are found of the house 
 having punished parties who have served su})pocnas 
 upon members."* Though members cannot be «'ompelled 
 to attend as jurors,' yet the house may give leave of 
 absence to members to attend elsewhere as wiin esses, 
 when it is shown that the public interests will not con- 
 sequently suffer.^ The exemption has been held good in 
 the case of an adjournment.'' The English Juries' Act, 
 18t0, exempts peers and members of Parliament from 
 serving as jurors without reference to the sitting of the 
 houses.^ 
 
 V. Freedom of Speech.— Among the most important privi- 
 leges of a legislature is the enjoyment of the most perfect 
 freedom of speech — a privilege long recognized and con- 
 firmed as part of the law of the land in Grreat Britain and 
 
 case of Kklhj v. Carson, at variaiu-o with the assertion and enjoyment of 
 this privilege by our own legislature, I am confirmed in my opinion of its 
 existence by our general adoption of the law of England, by the provision 
 for suits against privileged parties contained in our statute of 1822 ; and 
 in the statutes of Canada, 12 Vict., c. 63, s. s. 22 and 23 ; 13 & 14 Vict., c. 
 55, s. 96, and by the uniform decisions of our courts since the former act, 
 and also, as I am informed, before it." 
 
 1 May, 147 ; 10 Geo. III., c. 50 ; 45 Geo. TIL, c. 124 ; 47 Geo. III., Sess. 2, 
 c. 40, Imp. Stat. 
 
 ~ 1 Hatsell, 112, 118, 171, 173 ; D'Ewes, 637 ; 1 Dwarris, 103, 105 ; Can. 
 Hans. (1877), 1540-1. 
 
 •■' 3 Lord's J. 630 ; 9 E. Com. J. 339 ; 1 Hatsell, 97, 169, 175. 
 
 * 14 E. Hans. (X.S.), 569, 648 ; 81 E. Com. J. 82, 87. " Xo member shall 
 be withdrawn from hig attendance on his duty on Parliament to attend 
 on any other court." Rep. of committer of P. 
 
 ^ 71 E. Com. J. 110; 82 lb. 306, 371. E. Hans. D., 1st March, 1844, Earl 
 of Devon. 
 
 « 21 E. Hans. (N.S.), 1770. 
 ' May, 151. 
 
192 POWERS AND rmVILEGES. 
 
 all hor dopontloiicics.' Conscquontly, this priviloire 
 KL'curos to every iiu'inhor an immunity i'rom pro.s»H'ution8 
 for anything said or don(3 })y him, as a represontative, in 
 the exercise oi" the functions of his ofhce, whether it be in 
 the house itself or in one of its committees." But if a 
 member should proceed himself to publish his speech, his 
 printed statement will be regarded as a separate publica- 
 tion unconnected w^ith any proi;eedings in Parliament ; 
 but a fair and faithful report of the whole debate will not 
 be actionable.' 
 
 VI. Libellous reflections on members collectively or severally.— 
 Any scandalous and libellous rellection on the proceedings 
 of the house is a high breach of the i)rivilegps of Parlia- 
 ment.' So, libels or reflections upon members individually 
 have also been considered as breaches of privilege which 
 may be censured or punished by the house ; but it is dis- 
 tinctly laid down by all the authorities : 
 
 " To conHtitute a breach of privilege hucIi libels must concern 
 tlie character or conduct of members in that capacity. Asper- 
 sions upon the conduct of members as magistrates or officers, in 
 the army or navy, or as counsel, or employers of labour, or in 
 private life, are within the cognizance of the courts, and are not 
 fit subjects for complaints to the House of Commons."' 
 
 ^ "The freedom of sp<.>och and dobatos and proceedin<rs in Parliament 
 onglit not to bo iinjK^acbo.d or <|uestione(l, in any court or placo out of 
 Parliament, ilth article, Bill of Kights." Sec May, chap, iv.; 2 K. Com. J. 
 203 ; 9 Ih. 2.3 ; 12 Lord's .T. l(>(i; JJk 22.3. Cases of Sir John Eliot, Denzil 
 Hollis, and Benjamin Valentine. 5 Charles I., 1 Hallam Const. Hist., 
 371 ; 2 Ih. 10. 
 
 ■•' Gushing, 243. 
 
 •'' May, 12.5. The lord chief justice, incaseof Wason v. Walter, 21st Dec, 
 1867, laid it down very distinctly that, '' if a member publishes his own 
 si)eech, reflecting upon the character of another person, and omits to 
 publish the rest of the debate, the publication would not be fair, and so 
 would not be privileged." See also 1 Esp. N. P. C. 228 ; 1 M. and S. 278. 
 
 * Res. of 21st May, 1790 ; 45 E. Com. J. 508. See 29 Lord's J. 16, 15Parl. 
 Hist. 779 ; 60 E. Com. J. 113 ; 65 lb. 252. Case of Mr. O'Connell, 93 E. 
 Com. J. 307, 312, 316 ; 41 E. Hans. (3), 99, 207, or Mirror of P. (1838), voL 
 3, pp. 2157, 2219, 2263. 
 
 * May, 100. Cushing, 252. For recent English cases of libels on mem- 
 
EXTEST OF I'UIVlLFJiES. 19:] 
 
 Very I'l'W casos can be found in the Canadian journals 
 since 1807' of the House of Commons or its mcmb<»rs 
 takin*;" formal i>roc«M'dinirs with respect to attacks in the 
 newspapi'rs on their parliamentary conduct. The follow- 
 ing' are the only instances : 
 
 In 187.'} Ml'. Elic Tass<5, one of flio trall^Iuto^s in the sorvico of 
 tlif liouso, was hr(m<^lit to the bai-, and c xaminc<l as to his connec- 
 tion Avith an article in the Courrier dOuatouais, retlectintc on cer- 
 tain mcnihers. He admitted he was the writer, and suhse(niently 
 the speaker inforined the house that Mi'. Tasse was dismissed. - 
 III the same session the house resolved that an article in the St. 
 John Freeman, of which Mr. An<^lin, a member, was editor, 
 was a libel on the house and certain members thereof; but no 
 ulterior i)roceedings wei'e taken as in the O'Connell case of 1838.^ 
 
 Vn. Proceedings of Select Committees.— It is an old order of 
 Parliament that " the cA'idence taken by any seh^ct com- 
 mittee of this house, and the documents presented to such 
 committee, and which have not been reported to the 
 
 berti individually and collectively, see: Carlifilr E.rannvrr,rot\o.v\'m^ on 
 cliainuan of a coinniitte^, 1.^0 K. Hans, {.'!), 1022, KMJIi, IIDS, 11313, 1;;18, 
 14(14. rail Mall (iazette, reflectinj.' on Irish members, 215 E. Hans. 580- 
 542. Mr. Lojies, member for Frome, reflectinj; on Irish members ; (former 
 pu'.cedents arc, hero cited,) 222 E. Hans, (o), IJlo-oSo. Mr. Ev(ilyn Ashley, 
 iiu'inber for I'oule, attacking Dr. Konealey. Mr. Disraeli and others 
 l)ointed out that the words complained of were not spoken in the house, 
 and that Dr. K. was not at the tinie a member, and consecjuently could 
 not raise a question of privilege. 222 E. Hans. (3), 1180-1204. 
 
 ^ But many cases will be found in the old legislative records of Canada: 
 Isaac Todd and E. Edwards, Lower Can. J. (ISOo), ()0, 64, 98, 118, 120, 156 ; 
 Mr. Cary, of Quebec Mercur^i, lb. 82, 88, 04; Ariel Bowman and E. V. 
 Sparhawk, Ih. (1823), 54, 89 ; R. Taylor (1832-3), 500, 501, 524, 528 ; W. 
 Lyon Mackenzie, Upp. Can. J. (1832) 33, 34, 35. 
 
 - Can. Com. J. (1873), 133-4 ; Pari. Deb. 66-67. 
 
 '■Can. Com. J. (1873), 167-169; Pari. Deb. 80-84. An amendment was 
 proposed that it was not advisable to interfere with the freedom of the 
 jirees, but it was negatived. In the session of 1878 a Mr. Preston, one of 
 tlie sessional clerks, was suspended for writing a letter in a newspaper 
 reflecting on Mr. White, of E. Hastings ; the attention of the speaker 
 was privately directed to the matter, and he acted immediately after 
 making the necessary inquiry. Can. Hans. (1878), 2369. 
 
 13 
 
house, ou'^ht not to be i)iil>li.shocl by uiiy mcnibcr of su«li 
 <()mmitt<M' or l)y any other person." ' 
 
 As comiuittees are i^'eiieruily oi)eu to the press and the 
 pu]>li(', tlie liouso is now rarely disposed to press the 
 i'oreiroiii<>- rule.- It is always within the power of a eoni- 
 mittee to eonduet its proeeedini»s with closed doors, and 
 iu that way i)revent the hasty publication of its pro<'eed- 
 iugs until ihey are formally rei)orted to the house.' 
 
 VIII. The assaulting, threatening or challenging of Members.— 
 The assaulting, rn(!na<inL>', or insulting of any meni])er 
 in his coming to or going from tlu; house, or upon account 
 of his behaviour in Parliament, is a high infringement of 
 the privileges of the house — in the words of the English 
 resolution "a most outrageous and dangerous violation 
 of the rights of Parliament and a high crime and 
 misdemeanour." ' 
 
 It has also been resolved that " to endeavour to compel 
 members by for<'e to declare themselves in favour of or 
 
 • 21st April, 1837, E. Com. J. 
 
 - Tirna^ and Da'dij Nciri^, 1877, for publishinjj; proceedings l)eforo select 
 ■t'onimittee on foreign loans. JNlr. Disraeli and others took the ground 
 that, tliough abreacli of privilege had been conuuitted, yet it was inadvis- 
 able to act rigidly in the matter, since the printers api»eared to have acted 
 only in the discharge of their duties in printing the proceedings of a 
 ■committee winch were optui to the public. The order for the attendance 
 of the j)rintors was subse(iuently discharged. 223 E. Hans. (3), 787, 790 
 798, 794, 795, 810, 1114, 1130, 1224. 
 
 ^ In the English order adopted in December, 1882, for the appointment 
 of two standing committees, it is provided that " strangers shall be ad- 
 mitted, except when the committee shall order them to withdraw." S. O. 
 xxii. 
 
 *Ees. of April 12th, 1733; 22 E. Com. J. 115; 38 Ih. 535, 537 ; 79 lb. 
 483. Mr. Ure, a Canadian reporter, was reprimanded in 1850 by the 
 speaker, for using rude and offensive language to Mr. Christie, pp. KiO, 
 164, Leg. Ass. J. In 1879 jNIr. J. A. Macdonell insulted Mr. Huntington, 
 and attention having been called to the facts in the house, he was 
 ordered to attend at the bar, but in consequence of the lateness of the 
 session the order could not be served. Can. Com. J. pp. 423, 430 ; Hans, 
 pp. 1980-2 ; 2044. The house, however, in the following session, dealt 
 witli the matter. Can, Hans. (1880), pp. 44, 82 ; Jour. 24, 58-9. 
 
Disor,i:i>[i:Nch to (Hiders. 195 
 
 ag'aiiiKt any proposition thou do ponding' or ('xport^'d to bo 
 brought holbro tho houso," is a breach ol'privik'g*' whioh 
 shovdd bo sovoroly punishod.' 
 
 The torms of tho.se rosolut ions are intend«'d to prevent 
 any outside intertorenoo what(^ver with m«»mbers in the 
 disoharge of their duties.- They include ehallenii'es to 
 members.' 
 
 EK. Disobedience to orders of House —The houso has also 
 frequently docidod that the following matters fall within 
 the category of broaches of privilege : 
 
 1. Disobedience to, or evasion of, any of thi^ ord»'rs or 
 rules which are made for tho convenience or oilicioncy of 
 the proceedings of the house.' 
 
 2. Tampering with a witness in regard to the evidence 
 to be given by him before the houso or any committee of 
 the house."* 
 
 3. Assault or interference with officers of the houso, 
 while in execution of their duty."' 
 
 4. All attempts to influence the decision of a committee 
 on a bill or other matter before it for consideration.' 
 
 ' Res. of June 1st, 1780. 
 
 - 213 E. Hans. (3), 543, r)(;0. In this ca-se a letter was written by a public 
 Dtiicial calling on a nicinl)er to rciuain in the houso on tlic third reading 
 <tf a particular bill; but it was shown tliat, though tho letter was most 
 objectionable, it did not really refer to members, but to persons outside ; 
 and consequently no further action was taken after a letter in apology had 
 l)een read from the i^erson whose conduct was arraigned. 
 
 •' 38 E. Com. J. 535, 537 ; 74 E. Hans. (3), 2SG. Can. Leg. Ass. J. (1854-5), 
 :]52-353. 
 
 *4 Lords' J. 247. 87 E. Com. J. 360 ; 88 lb. 218 ; 90 lb. 504 ; !»1 Th. 338 ; 
 it2 //,. 282. 104 E. Hans. (3), 452 ; 249 Ih. 989. 
 
 ^Sess. 0. ; May, 104. 12 E. Hans. (1), 4t31. In this case a clergyman 
 was ordered to be immediately taken into custody for tampering with a 
 witness ii. an inc^uiry before committee of the whole touching the conduct 
 of the Duke of York. Also, 146 lb. (3) 97. 
 
 "19 E. Com. J. 366, 370 ; 20 Ih. 1S5. Low. Can. .1. (1823-4), 113-4. 
 
 ' In 1879 Mr. C. E. Grissell and Mr. .7. Sandilands Ward were ordered 
 to attend at the bar for attempting to influence the decision of the com- 
 mittee on the Tower high level bridge (Metropolis) bill in the Interest of 
 
196 J'0]yER'> AM) PRIVILEGES. 
 
 X. Attempts to bribe Members.— It is one of the standing^ 
 orders of the House of Commons of Canada as well as of 
 England: 
 
 '* Tliat tlie offer of any money or other advantage to any member 
 of this house for the promoting of any matter whatsoever, 
 depending or to bo transacted in Parliament, is a high crime and 
 misdemeanour, and tends to the subversion of the constitution.'" 
 
 XI. PrivilegedPersons not Members.— Both houses will always 
 extend their protection and privilege to all persons who 
 are in attendance in obedience to the orders of the house, 
 or are engaged in business before the house or some of its 
 committees." In many cases the house has given orders 
 that such persons having been arrested by process from 
 the courts of law, should be delivered out of custody.^ 
 Precedents are found for the granting of this protection to 
 persons attending to prefer or prosecute a private bill or 
 other business in Parliament ; ^ or to the solicitor of 
 a party ; ^ or to prosecute a' petition ; *^ or to claim a 
 seat as a member ; " or attending as a witness before the 
 
 certain parties from whom they expected to receive some pecuniary 
 advantages for their .services. IMr. \Vard was ordered into custody and 
 subse(juently released ; !Mr. Griesell evaded the order, but was afterwards 
 arrested and imprisoned in Kewgate. See E. Hans, vols., 247, 248, 249 for 
 1S79. 
 
 ' English Ees. of 2nd !May, 1095. The English Commons have always 
 severely punished members for receiving bribes ; 9 E. Com. J. 24 ; 11 Ih. 
 274; 5 Pari. Hist. 880-911, cases of Sir John Trevor, S|X)aker, and others. 
 In 1873 a Mr. John Heney was brought to the bar of the Canadian house 
 on a charge of offering Mr. Cunningham, of ^larquette, a sum of money 
 for his vote ; but no proceedings were taken, as Parliament was suddenly 
 prorogued. Can. Cum. J. 1873, 2nd sese.. 135-9. 
 
 - 1 Lex. P. 380 ; 1 Hatsell, 9, 11, 172 ; 1 E. Com. J. 5025 ; 2 Ih. 107 ; 9 
 Ih. G2 ; 13 Ih. 521 ; 18 Ih. 371 ; 2ilh. 247 ; 74 Ih. 223. 4 Lords' J. 143-4. 
 
 ^ 48 E. Com. J. 424. 
 
 *1 E. Com. J. 702, 700, 921, 924 ; 20 Ih. 797 ; 27 Ih. 447, 537. 88 Lords' 
 J. 189 ; 92 Ih. 75, 70. 
 
 ^9E. Com. J. 472; 24/6.170. 
 
 « 2 E. Com. J. 72. 
 
 ' 39 /6. 83 ; 48 lb. 426. 
 
CONTEMPT AND COMMITMKST. 19T 
 
 house or a committee ; ' wituesses as well as counsel have 
 been protected from actions of law for what they may 
 have stated before committees." 
 
 It is also provided in the statute defining the privileges 
 of the two houses of the Canadian Parliament that, in case 
 a person is prosecuted for publishing any parliamentary 
 report or paper, either ])y himself or by his servant, pro- 
 ceedings can be stayed by his laying before the court, a 
 certificate from the speaker or clerk of either house, as the 
 case may be, stating that such report or i)aper was 
 published under the authority of Parliament. It is also 
 enacted that the defendant may, in a c\\i\ or criminal 
 proceeding for printing an extract from a parliamentary 
 paper or report, give in evidence, under the general issue 
 or denial, such report, and show that the extract was 
 published bond fide, and without malice ; and if such shall 
 be the opinion of the jury, a verdict of not guilty may be 
 entered for the defendant.* 
 
 XII. Punishment of a Contempt of the Privileges of Parliament. 
 — A contempt of the privileges of the house will be pun- 
 ished according to its character. In some cases the house 
 will not deem it necessary to proceed beyond an admoni- 
 tion or a reprimand, but oi'casions may arise hereafter, as 
 in the past, when it will be found necessary to resort to 
 the extreme measure of imprisonment.' 
 
 1 1 E. Com..!. 863 ; 8 lb. 52.5 ; 9 /?>. 20, 36(5 ; 12 Ih. 304. 
 
 •^ 11 E. Com. J. 591, 013 ; 100 Ih. 072, 680, 697 ; 81 E. Hans. (3), 1436 ; 
 82 Ih. (3), 431, 494. 
 
 •'These provisions are substantially those of 3 it 4 Vict., c. 9, Imp. Stat, 
 which were rendered necessary by the famous case of Stockdale >•>*. Hau- 
 .sard, out of "which a conflict arose l)et\veen the courts and Parliament as 
 to the privile<:es of the latter. This act, says May, " removed one irround 
 for disputing the authority of P., but has left the general ([uestion of privi- 
 lege and jurisdiction in the same uncertain state as before." See chap. 6, 
 May, for full details as to cases of conflict between courts and I'arlia- 
 ment in matters of privilege. 
 
 *For latest case of imprisonment in Xewgate, 249 E. Hans (3), 989. 
 
198 POWERS ANT) PRIVILEGES. 
 
 Xm. Power of Commitment.— By the decisions of the Eng- 
 lish courts of law, it is "learly established that the power 
 of commitment for contempt is incident to every court of 
 justice, and more especially it belongs to the high court 
 of Parliament ;' — that it is incompetent for other courts 
 to question the privileges of the houses of Parliament on 
 a commitment for an offence which they have adjudged 
 to be a contempt of those privileges ; — that they cannot 
 inquire into the form of the commitment, even supposing 
 it to be open to objection on the ground of informality ;- — 
 that M^hen the houses adjudge anything to be a contempt 
 or a breach of privilege, " their adjudication is a convic- 
 tion, and their conviction, in consequence, an execution."'' 
 
 Sir Erskine May, having cited the various authorities 
 on this point, lays down the following broad principle : 
 
 " The power of commitment, with all the authority which can 
 be given by law, being established, it becomes the keystone of 
 parliamentary privilege and contempt ; and if the warrant recite 
 that the person to be arrested has been guilty of a breach of 
 privilege, the courts of law cannot inquire into the grounds of the 
 judgment, but must leave him to suffer the punishment awarded 
 by the Commons House of Parliament by which he stands com- 
 mitted."^ 
 
 Yery many cases are recorded in the journals of the 
 legislatures of Canada, previous to 186Y, of the exercise by 
 those legislatures of the extreme power of commitment 
 for breaches of privilege. ' Though doubts have always 
 
 ' Ellcnborough, C. J., Burdctt r. Abbott, 14 East 1. Can. Sup. Court E.^ 
 vol. ii., p. 177. 
 
 ••' Lord C. J. Abbott, re Hobhouse, 2 Cbit. R. 207. 
 
 ='Grey, C. J., in Brass Crosby's case, 19 Howell, St. Tr. 1137 ; 3 Wils. 
 188, 203. 
 
 * May, 82. It has even been decided that a person so committed cannot 
 be committed to bail. 1 Wils. 200, Wrijrht, J., in ]Murray's case. 
 
 ^ Low. Can. J. (1817), 462,470, 480,502, Mr. Monk, for contempt. //'. 
 (1833), 528, Mr. Taylor, member, committed for attack on Speaker Papi- 
 neau, in Quebec Mercury. lb. (1835), 24, 29, 30, 50, INIr. Jessopp, collector 
 of customs, for not presenting certain returns on order of tbe house. Leg. 
 
COMMITMENT FOR CONTEMPT. " 1 00 
 
 boeii entertained as to the powers of those legislatures in 
 this partii'ular, they never failed, whon the occasion arose, 
 to assert what they believt^d to be privileges incident to a 
 legislative assembly. No cases have occurred since 18fJ7, 
 of commitment by the dominion Parliament for contempt. 
 The privileges, however, of the dominion houses are 
 expressly provided for in the Act of Union, and it is 
 always possible for them to vindicate their rights in the 
 most ample manner. 
 
 XrV. Duration of Power of Commitment.— All persons who 
 may be in the custody of the serjeant-at-arms, or confined 
 in goal under the orders of the house, must be released as 
 soon as Parliament has been duly i)rorogued^ Though 
 the party should deserve the severest penalties, yet " his 
 offence being committed the day before the prorogation, 
 if the house ordered his imprisonment but for a week, 
 every court would be bound to discharge him by habeas 
 corpus^ ^ 
 
 XV. Procedure in case of a Breach of Privilege.— The house 
 will never proceed summarily against a person charged 
 wuth an offence against its authority or privileges, but 
 will give him an opportunity of defending himself.- 
 
 Ass. J. (1846), 119, 150, \oi\-l, W. Horton and T. D. Warren, for not return- 
 ing a commission issued by liouso. Ih. (1849) 148, 282, 292, John .Miller, 
 returninj; officer, for evadiu;j:summons of house. See index of journals of 
 1854-5, under head of legislative assembly, for i-ases of returning f>{ticers com- 
 mitted to gaol for misconduct at certain elections. Also, I^eg. Ass..T. (1858), 
 439, 440, 441, 444, 440,488, 505, 940, 945, returning officers guilty of frauds. 
 Leg. Ass. J. (18G6), 257-265, IMr. Lajoie assaulting Mr. Dorion. A motion 
 to commit him was voted down. 
 
 ^ Lord Denman, in giving judgment in Stockdale ?".'!. Hansard, 18r59 (283), 
 p. 142, shorthand writers' notes. But a person, not sutliciently punished 
 one session, may be again committed in the next until the house is satis- 
 fied. 249 E. Hans. (3), 989. 
 
 - A person must be first examined to see whether he has been guilty 
 of contempt before ordering him into custotly. 146 E. Hans. (3), 101-2 ; 
 247 Ih. 1875. 
 
200 POWER.S AXD PRIVILEGES. 
 
 Whouovor a complaint is made aizaiiist a person who is 
 not a mombor, the usual course' is to make a motion that 
 the offon(lini>- party or parties do attend at the bar of the 
 house at a fixed time.' When the Oider of the day has 
 been read at the appointed time, and the serjeant-at-arms 
 has informed the house that the person summoned is in 
 attendance,^' he will be called in and examined as to the 
 offence of which he is acc'used. Then he will be directed 
 to withdraw, and the house will consider whether he has 
 excused himself or whether he is guilty of the ofl'ence. If 
 the house come to the latter conclusion, he will be 
 -declared guilty of a breach of the privileges of the house, 
 •and ordered into custody.' Or if it be shown that he is 
 innocent he will be discharged from further attendance.' 
 The accused may be heard by counsel if the house think 
 fit to grant his prayer.' An offender may be discharged 
 at any time upon clausing a petition, expressing proper 
 contrition for his offence, to be presented.'' Sometimes 
 
 ^ 64 E. Com. J. 213 ; 82 lb. 395, 399 ; 113 Ih. 189 ; 129 //). 181. 213 E. Hans. 
 {3), 1543 ; 248 Ih. 971, 1100 ; May, 107. Can. Com. J. (1873), 133 ; Ih. 
 (1879), 423. Or in very aggravated cases ho has been immediately ordered 
 into the custody of the serjeant-at-arms. Can. Com. .1. (1873) 135, 139, 
 2nd sess. But it is more regular to examine him and find whether he is 
 guilty of an offence before taking him into custody. 14(5 E. Hans. (3), 103-4- 
 ^ If the Serjeant report that the jierson cannot Ijo found, the speaker 
 will be instructed to issue his warrant, Can. Com. J. (1873), 133. The 
 Serjeant or his deputy will serve the order on the jjerson whose attend- 
 ance is reiiuired, if he be within reach ; otherwise, it may be sent by post 
 to the residence of the individual; case of Mr. Macdonell, Can. Jour. (1S79) 
 436. Also, :Mirror of P. (1840^ 720, case of :\Ir. Howard. If it be found 
 he is wilfully evading the order of the house, he will be sent for in custody 
 of the Serjeant. :Mr. Howard, 95 E. Com. J. 30. Mirror of P. (1840), 722, 
 vol. XV. Also, 21 E. Com. J. 705 ; :\Iay, 186. 140 E. Hans. (3), 98. Case 
 of Mr. Grissell in 1879, 248 E. Hans. (3), 1163. 
 
 •' 113 E. Com. J. 192. 150 E. Hans. (3), 1066-10G9. 
 niSE. Com. J. 193. 
 
 ^ Le.g. Ass. J. (1852-3), 216, 509, 580. Ih. (1S54-5), (>31, 639. Xo record 
 of counsel's remarks api)ears in the journals. Leg. Ass. J. (1855), 677, lic. 
 
 « Le.g. Ass. J. (1858), 945. 113 E. Com. J. 202-3." 248 E. Hans. (3), 153ti, 
 1632. 
 
srsPEXsrox axd kxpulsiox of membkiis. 201 
 
 tho house luiiy (leciii it most cxpcdiiMit to refer u coiii- 
 plaint to a select committee, and to wto]) all ])roceediiii^\s 
 until it make a report.' If the examination of a person 
 before the house cannot be terminati^d at one sittini»', he 
 will bo ord(!red to attend at a future time, or h<^ will })e 
 continued in the custody of the serjeant-at-arms." 
 
 When the offence is contained in a newspaper, th(5 lat- 
 ter must be brouL^ht up and read at th(i table, and then 
 the member comphiininq" must conclude with a motion 
 founded on the allegation that he has brought ibrward.' 
 "When a member has reason to complain of a s})eech made 
 by another mem]>er outsidi; the house, he must ])rin<T' up 
 the paper, ])ut he should ])reviously, as a matter of cour- 
 tesy, give notice of his intention to the mem})er com- 
 plained of, and ask him formally whether the report is 
 correct, before proceeding further in the matter.' 
 
 XVI. Suspensiop and Expulsion of Members.— The right of a 
 legislative body to suspend or expel a m<'mber for what it 
 is sufficient cause in its own judgment is undoubt<'d. 
 Such a power is absolutely necessary to the conservation 
 of the dignity and usefulness of a legislative body. In a 
 previous chai^ter' cases have been cited of tin; exercise of 
 the power of expulsion by the Parliament of the dominion as 
 
 1 112 E. Coin.-T. 232. 146 E. Hans. (;5), 1)0. Tho rcfcronco to a committoo 
 appears to be in cases where there is need of more inquiry, in order to 
 reconcile conflicting statements. It is no longer the practice to refer 
 breaches of privilege to committee of privileges, except the house think 
 it necessary. May, 106. In 1879 a question of privilege (Messrs. Ward 
 and Grissell for attempting to interfere witli a select conuuittee) was 
 referred on the ground that there were essential facts which it was desira- 
 ble for the house to know before dealing at once with tho matter, but 
 strong objections were even then taken as to the necessity or expediency 
 of such a course. 247 E. Hans. (3), 1S7.S-1S86. 
 
 - Can. Com. .T. (187.")), 13i>, 2nd session. But in this case, it would have 
 been sufficient to have ordered him to attend, as no examination had been 
 made into the charge- 
 
 ■■ 113 E. Com. .1. 18!>. 184 E. Hans. (3), 1667. 219 Ih. 3944}. 
 
 * 74 E. Hans. (3), 139 ; 222 Ih. 1186 ; 236 Ih. 542. 
 
 ^Chap. II., s. 13. 
 
202 rOWKllS AND PRIVILEGES. 
 
 well as by the old loiiislnturcs of Canada, and consc- 
 quontly it is only ner<'ssary hero to make this brief rofprenoe 
 to the subject. The minor punishment of suspent,ion is 
 now f»'enerally reserved in the English house for aggra- 
 vated eases of contemi^t of the authority of the chair and 
 of wilful obstriTction of the public business.' 
 
 XVII. Power to summon and examine witnesses.— Procedure.— The 
 Senate and House of Commons have undoubtedly the 
 right, inherent iii thi'm as legislative bodies, to summon 
 and compel the attendance of all persons, within the 
 limits of their jurisdiction, as witnesses, and to order them 
 to bring with them such papers and records as may be 
 required for the purposes of an inquiry. 
 
 "When the evidence of any person is shown to be mater- 
 ial in a matter under consideration of the house, or a com- 
 mittee of the whole, a member will move that an order be 
 made for his atti^ndance at the bar on a c^ertain day. In 
 the Senate, as in the Lords, the order should be signed by 
 the clerk of the parliaments.- In the Commons the order 
 is signed by the clerk of the house and served by the 
 Serjeant or his deputy when the witness is within or near 
 the city of Ottawa ; if not, he will be informed by post or 
 telegraph, or in special cases by a messenger.' 
 
 When the order of the day for the attendance of a wit- 
 ness has been read in due form, he will be called to the 
 bar and examined in accordance with prescribed forms. ^ 
 
 When the witness appears at the bar^ of the house^ 
 each question will be written out a.nd handed to the 
 speaker, who, strictly speaking, should read it to the wit- 
 
 ' Oiapter on debate, s. xxv, 
 '' May, 472. 
 
 •■' Same practice in the English House of Commons. Il>. 472-3. 
 
 ♦ Can. Com. J. (1S74), 8, 10, 13, 14. 17, 18, 32, 37, 3S. Pari. Debates in 3fail 
 and Thm'st, 1873, p. 38, show the {)ro('oduro on 8iich occasions. 
 
 •"'Members are examined in their places (I-^eg. Ass. .1. 1847, p. 4); the 
 speaker in the chair ; Ih. p. 0. Tlie bar is always down during the 
 examination of a witness not a mem1>er. 2 E. Com. J. 2(5 ; 2 Hatsell, 140. 
 
wrrxEssEs. 203 
 
 ness ; but pnutically it is tho custom to allow on certain 
 occasions a considerablo degree of latitude for the con- 
 venience of the house, and questions put direitly by mem- 
 bers have been supposed to be put through the speaker.' 
 When the witness has received the question, he should 
 read it over and answ^er it succinctly and audibly. One 
 of the clerks assistant, who is provided with a seat at the 
 bar, will take down the answer and read it aloud to the 
 house. In case a member objects to a question on any 
 ground, he must state his objection, and the speaker will 
 decide.- If the evidence of a witness cannot be completed 
 in one day, his further attendance will l)e postponed till a 
 future time, and he w^ill be ordered to attend accordingly.^ 
 
 All the evidence given by a witness at the bar is printed 
 in the journals of the house with the names of the mem- 
 bers asking the questions.^ 
 
 If a witness should be in custody of any ollicer of the 
 law, the speaker will be ordered to issue his warrant, 
 which will direct the said officer to bring the witness 
 before the house at the time required.'^ A witness who 
 neglects or refuses to obey the order of the house will be 
 sent for in custody of the serjeant-at-arms.'' Any person 
 refusing to obey this or any other order may be declared 
 guilty of a contempt of the house and brought before it in 
 custody that he may be dealt with according to its will 
 and pleasure." Witnesses who refuse to answer proper 
 questions will be admonished and ordered to answer 
 them.^ If they refuse, they may be committed until they 
 express their willingness to answer.'' 
 
 1 146 E. Hans. (P,), 97. Sec Sen. Hans. [18S2], 127. 
 
 2 Can. Com. J. (1874), 10-13 ; 33-39. In England the short-hand writer 
 of the honse attends on such occasions. 
 
 =*/6. 13. * 76.10-13. 
 
 * 93 E. Com. J. 210, 353 ; 96 lb. 193 ; 97 Ih. 227 ; 99 IL 89. 
 
 «95 lb. 59 ; Mirror of P. (1840), vol. 15, p. 721. 
 
 "106 E. Com. J. 148. 
 
 ^SS lb. 218. 9 90 lb. 501, 5C4. 
 
204 I'OWEIIS AM) PIUVILKGES. 
 
 A Avitiiesfti is iilways considered under the protection of 
 the liouse. and no insultini*' (questions oni»ht to be addressed 
 to him.' (Jn the other hand it is the duty of a witness to 
 answer every question in a respectful manner, and should 
 he not do so the usual course is for the speaker to rei)ri- 
 mand him immediately and to caution him to be more 
 careful for the future." If the offence is clearly manifest, 
 the sp(;aker can proceed at once to reprimand or caution 
 the offender ; if not, the witness may be directed to 
 withdraw, and the sense and direction of the house may 
 then be taken upon th<' subject.' 
 
 In all matters touching its privileges the house may 
 demand d«' Unite answers to its questions ; but in case of 
 inquiries touching a breach of privileges, as well as what 
 may amount to crime at common law, the house, " out of 
 indulgence and compassionate consideration for the parties 
 accused," has been in the habit of telling them that they 
 are under no obligation to reply to any questions so as to 
 criminate tlnnnselves.* 
 
 In case it is necessary to change the time of attendance 
 of a witness, the order will be discharged or postponed, 
 and a new order made for his future appearance.'' 
 
 When the evidence of a witness is concluded for the 
 time being, he will be ordered to withdraw and remain in 
 further attendance if required." If his testimony be not 
 required the order will be read and discharg(;d" Persons 
 desiring that witnesses may be heardintheir behalf must 
 petition the house to that effect, and the house may, or 
 may not, as it thinks proper, grant the prayer."^ A witness 
 
 1 11 Pari. Reg. 232, 233, 234 ; 13 Ih. 232, 233. 
 
 2 11 E. Hans. (1), 6G2. Also, Cav. Dob. Can. 170, 171. 
 
 3 9 E. Hans. (2), 75. 
 
 * 146 lb. (3), 101-2. 
 
 5 95 E. Com. J. 253 ; Can. Com. J. (1874), 17, IS. 
 
 « Can. Com. J. [1874], 39. 
 
 ' lb. 18. 
 
 «Leg. Ass. J. [1855], 65G. 
 
j'nivir.EaKs or i.ocm. lkcisiatiukk 205 
 
 ha.s b(M'ii allowed the assistance of counsel when his 
 evideui'o may tend to criminate himsell'.' 
 
 The experience of Parliament has shown that in the 
 majority of cases, recjniring mature (h'lil)eration and 
 inquiry, select committees are the Lest tribunals for 
 examining Avitnesses ; and accordingly it will be ibund, 
 on reference to parliamentary records, evidence is always 
 tak(»n, whenever pra»'ticable, before committees." The 
 procediu'e in such cases is explained in the chapter de- 
 voted to the functions of select committees. 
 
 XVm. Privileges of Provincial Legislatures.— The question of 
 the extent of the privileges of the legislative assemblies of 
 the provinces of Canada is not one within the scope of this 
 work, but those who wish to pursue the subject may con- 
 sult the authorities given in the notes, and particularly the 
 judgment of the supreme court of Canada in the case of 
 Landers vs. Woodworth. Mr. Woodworth, a member of the 
 house of assembly of the province of Nova Scotia, on the 
 10th of April 1874, charged the provincial secretary of the 
 day — without being called to order for doing so — with 
 having falsified a record. The charge was subsecjuently 
 investigated by a committee of the house, who reported 
 that it was unfounded. Two days later the house 
 resolved that in prefeiTing the charge without sufficient 
 evidence to sustain it, Mr. Woodworth was guilty of a 
 breach of privilege. On the 30th of April, Mr. AVoodworth 
 was ordered to make an apology dictated by the house, 
 and, having refused to do so, was declared, by another 
 resolution, guilty of a contempt of the house, and requested 
 forthwith to withdraw until such apology should be made. 
 Mr. Woodworth declined to withdraw, whereupon another 
 resolution was passed ordering the removal of Mr. Wood- 
 worth from the house by the serjeant-at-arms, who, with 
 
 ' Mr. Bell, returning officer, Pari. Deb., 1873, p. 38. 
 - For the practice with respect to divorce bills in the Senate, see last 
 chapter on private bills. 
 
20G I'OWJJiS AND riUVIl.KUKS. 
 
 his assistant, on forced the order and removed Mr. Wood- 
 worth, who soon aitervvards l)rought an action ol" trespass 
 lor assault a<^ainst tlie sp«;aker and certain members of the 
 house, and ohtaiiu'd a verdict of $500 damages. The 
 supreme court held, on appeal, alHrmini>- the judgement ol" 
 the supreme <'ourt of Nova Scotia, that the legislative 
 assembly of Nova Scotia, had, in the absence of express 
 grant, no power to remove one of its members for con- 
 tempt unless he was actually obstructing the business of 
 the house ; and Mr. Woodworth having been removed from 
 his seat, not because he was obstructing the Inisiness of 
 the house, but because he would not repeat the apology 
 required, the defendants were liable. Chief Justice 
 Ric'hards, in the course of his opinion, stated that under 
 the practi<'e in the English Parliament or in the legis- 
 Lit i>'e of Nova Scotia, so far as he was informed, the 
 making, by one member against another, of an unfounded 
 charp;e which has been inquired into by the house, does 
 not constitute a breach of privilege. If the subject-matter 
 of the inquiry turns out not to be true, there was no autho- 
 rity or precedent shown where a member can be charged 
 with being guilty of a breach of the privileges of the 
 house for so doing. If when the house thinks the inquiry 
 ought not to be made, and refuses to take it up, the 
 member persists in bringing it forward, so as to obstruct 
 the business of the house, it may be that he might then 
 become liable to the censure of the house, and if he 
 persisted in the interruptions unreasonably, he might, to 
 quote the words used in Doijle v. Falconer^ " be removed or 
 excluded for a time, or even expelled." But the house, 
 having thought it a matter which required their atten- 
 tion, took it up and ordered an investigation, and after 
 that, he failed to see how they could properly declare that 
 what the member had done was a breach of thjir 
 privileges. Judge Ritchie, in delivering his opinion, said 
 
 1 L.R., 1 P.C, App., 328. Can. Sup. Court Rep. II., 184. 
 
riiiviij:ai:s of local Li:(iisLM'i'in:s. 207 
 
 that a sorios of autlioritirs, biii(liiii>- <ui tln» <oiirt, tleaily 
 o.sta))lisht'd thattliehou.se ol' assembly ol" Nova Sfotia had 
 110 i)ower to punish for any ollenee not an iiuiiirdiate 
 obstruction to th(? due course of its proceedings, and the 
 proper exercise of its functions, such power not i>eing an 
 essential attribute, nor essentially necessary lor the 
 exercise of its functions by a local legislature, and not 
 belonging to it as a ne<essary or legal incident ; and that, 
 without prescription or statute, local legislatures have 
 not the privileges which belong to the House of Commons 
 of G-reat Britain by the lex et consuetudo Parliamenli The 
 allegations and circumstances shown in the case in ques- 
 tion alForded, in his opinion, no justiiication for the 
 plaintiff's removal ; he was not then guilty of disorderly 
 conduct in the house, or int«'rfering with or in any way 
 obstructing the deliberations or business, or preventing 
 the proper action of the house, or doing any act rendering 
 it necessary, for self preservation or maintenance of good 
 order, that he should be removed.' 
 
 The legislatures of Ontario and Quebec, immediately 
 after the confederation of the provinces, passed acts to 
 define their privileges and immunities.' These acts gave 
 the resj^ective houses such privileges, immunities, and 
 powders as are held by the Senate and House of Commons. 
 The Ontario act was considered ultra vires by the English 
 law officers, and consequently disallowed by the governor- 
 general in council. ' The same course was taken in the case 
 of the Quebec act.^ Subsequently other acts were passed 
 
 1 Can. Sup. C. Rep. II., 158-21,5. Kielly r. Carson (4 Moore P. C. C. 63) 
 and Doyle r. Falconer (L.R. 1. P.C., App. 328) were commented \\\k>d. by 
 the court and followed. The learned Chief .lustice cited the^o and other 
 cases bearing on the <iuestion, viz., Beaumont and Baretti (1 ^Nloore P.C.C, 
 p. 59) ; Fenton and Hampton (11 IMoore, 347) ; Cuvillier r. Monro (4 L.C.R., 
 p. 146) ; Lavoie's case (2 L.C.R., p. 99) ; Dill r. Murphy (1 Moore P.C, 
 C.N.S., 487); ex parte Dansereau, Low. Can. Jurist, vol. xix., pj). 210-248. 
 
 '' Ont. Stat., 32 Vict., c. 3. Quebec Stat., 32 Vict, c. 4. 
 
 =* Sess. P., 1877, No. 89, pp. 202-12 ; Todd, 365. 
 
 * Sess. P., p. 221. 
 
208 POWERS ASH VniVII.F.dES. 
 
 in the iwo Ic^isljiliin's (Irliiiiiii*' the <hiira(t»'i' and oxtfut 
 of their ro.s|)«M*tivo privilca-t's.' Tlicsi- Ntututcs (>nil)ra«'ft 
 privil('*i'«'s chiiincd and cnjoyrd })y l*]ni;lish nK'niborw of 
 I'arliiinicnt, sinh as iVccdoni IVoni arrcKt on civil proross, 
 and oth«M* imniuniti«'s sot I'ortli in this <'hnpter. The 
 Ontario statute is more (•omi)r('h»'nsiv('! than the Quebec 
 act, but both an; practically the sani«; with respect lO the 
 power to compel the attendance of witnesses, the produc- 
 tion of papers, and th(^ protection of jx'rsons acting under 
 the authority of the legislature. These acts were left to 
 their operation though their constitutionality in certain 
 respects was questioned by the dominion government.- 
 However, the court of queen's bench, Quebec, decided that 
 "the Quebec statute was within the competency of the 
 legislature.'' The supreme court of Canada, in the decision 
 just mentioned, has also ailirmed the right of the legisla- 
 tures to pass statutory enactments conferring upon them- 
 selves such powers and privileges as may be necessary for 
 the efficient discharge ot their constitutional functions.* In 
 1876, the Nova Scotia legislature passed a statute conferring 
 upon both houses the same privileges as shall for the time 
 being be enjoyed by the Senate and House of Commons of 
 Canada, their committees, and members for the time being.' 
 The constitutionality of this act was also questioned by the 
 minister of justice, but it was neither amended nor dis- 
 allowed.*' In 1874, a Manitoba statute to the same effect 
 was disallowed," but subsequently another act was passed 
 and left by the dominion government to come into opera- 
 tion.*^ The priucii^le asserted in the judgment of the 
 
 ' Ont. Stat., 39 Vict, c. 9, or chap. 12 Rev. Stat. Quebec Stat., 33 Vict., 
 chap. 5. 
 -• Sess. P., 1877, No. 89, pp. 108-14, 201. 
 =' L. C. Jurist, vol. 19, p. 210. 
 
 * Sup. Court Rop., vol. ii., pp. 158-215 ; Landers, et al. vs. Woodworth. 
 5N.S. Stat., 1876, chap. 22. 
 
 « Sess. P., 1877, No. 89, pp. 110-114 ; Todd, 469^70. 
 ' Man. Stat, 1873, c. 2. Sess. P., 1877, No. 89, pp. 44-47- 
 « Man. Stat, 1876, c. 12. Sess. P., p. 106-9. 
 
VHIVII.EGKS OF UKAL LKOlSI.ATniES. 209 
 
 8iipr«»mi' court, just <it('d, " whilst it doi's not (lobar tho 
 Crown I'roni interposing" a voto upon an act whi«h should 
 attempt to localize unwarrantahh' claims, docs in fact 
 render it diliicult to object to any iKnvers, proposed to be 
 conferred ])y statute, that they exceeded the lawi'ul powers 
 and constitutional compt;tency of a le«^islature to grant." 
 In this respect the court " recounizi's the possession in the 
 provincial legislatures of a wider discretion than had 
 been heretofore allowed, either by the dominion govern- 
 ment or by the crown law officers in England." ' 
 
 ' Todd, Pari. Gov. in the Colonies, pp. 470-71. 
 
 14 
 
CHAPTER V. 
 
 RULES, ORDERS, AXD USAGES. 
 
 I. Origin of the Rules, Orders, and Usages cf the Senate and House of 
 Commons. — II. Procedure in Revising Rules. — III. Necessity for a Strict 
 Adherence to Rules. — IV. Sessional Orders and Resolutions. — V. Use 
 of the French Language in the Proceedings of the Houses. 
 
 I. Origin of the Rules, Orders, and Usages of the Canadian Parlia- 
 ment—The Senate and House of Commons regulate their 
 proceedings under certain rules, orders, and usages, which 
 are derived, for the most part, from the practice of the 
 British Parliament. It will also be seen on reading this 
 chapter that Canadian legislatures have adopted since 
 1792 the wise principle of referring in all cases of doubt 
 and perplexity to the procedure of the Imperial Parlia- 
 ment. But w^hilst Canadian parliamentary practice is 
 generally based on that of England, certain diversities 
 have grown up in the course of years ; and in some par- 
 ticulars the practice of the two houses is not only simpler 
 and better adapted to the circumstances of the country, 
 but also calculated to promote the more rapid progTess of 
 the public business.^ The great principles that lie at the 
 basis of English parliamentary law have, however, been 
 always kept steadily in view by the Canadian legisla- 
 tures ; these are : To protect the m.inority and restrain 
 the improvidence and tyranny of the majority, to secure 
 
 ^ Mr Raikes in an article in the " Nineteenth Century," November, 
 1879, suggests new arrangements in reference to bills which have been 
 practically in operation for years in Canada. 
 
ORIGIN OF THE RULES, 211 
 
 the transaction of public business in a decent and orderly 
 manner, to enable every member to express his opinions 
 within those limits necessary to preserve decorum and 
 prevent an unnecessary waste of time, to give full oppor- 
 tunity for the consideration of every measure, and to pre- 
 vent any legislative action being taken heedlessly and 
 upon sudden impulse.' 
 
 It is true that the English House of Commons has, 
 within a few months, adopted very stringent rules which 
 seem in a considerable degree at variance with the old 
 principles of parliamentary procedure. The cloture has 
 been borrowed from the French system, and other mea- 
 sures have been formally taken vni\i a view to prevent 
 organized obstruction. But these new orders which cer- 
 tainly impose restrictions on freedom of speech, and give 
 increased power to the speaker, and to the majority, have 
 been forced on the house by a very exceptional, if not 
 revolutionary state of affairs. No systematic obstruction 
 has prevailed in the Canadian House of Commons, where 
 all parties continue to value those principles of English 
 procedure which seem the best strength of a parliamen- 
 tary system. Elsewhere the reader will find the new 
 English orders, not because they enter into Canadian 
 practice, but because they should appear, as a matter of 
 course, in a work of this character.^ 
 
 The history of the rules and orders, which now form 
 the basis of Canadian parliamentary practice, must be 
 gathered from the journals of the two houses, since the 
 days when legislatures were first convened in Canada. 
 In the legislative councils of Upper and Lower Canada, 
 the rules were from the first based on the practice of the 
 house of Lords, as far as the constitution of the house 
 and the circumstances of a new country permitted ; and 
 the same course was pursued in 1841 by the legislative 
 
 ^ Hearn, Gov. of England, 545-7. 
 ^ See chapter on debate, last section. 
 
212 RULES, ORDERS AND USAGES. 
 
 council of United Canada/ and in 1861-8 by the Senate^ 
 whose standing orders now provide : 
 
 " 112. In all unprovided cases, the rules, usages, and forms of 
 proceedings of the house ol" Lords are to be followed." 
 
 The first action taken in the legislative assembly of 
 Lower Canada was in 1792, when the lieutenant-governor 
 sent a message recommending " the framing of such rules 
 and standing orders as might be most conducive to the 
 regular despatch of business." The house immediately 
 adopted a code of rules based for the most part on those 
 of the Imperial Parliament." The legislative assembly of 
 Upper Canada which met for the first time at Niagara, 
 followed a similar course.^ The legislature of the united 
 Canadas also adopted a code in conformity with that of 
 the Imperial Parliament.* 
 
 Again, when the Parliament of the dominion met for 
 the first time, after the passage of the Union Act of 1867, 
 one of the first proceedings of the House of Commons was 
 necessarily to appoint a committee to frame rules for the 
 government of procedure in that house, "^he committee 
 subsequently reported the rules and standing orders 
 which now regulate the proceedings of the Commons, and 
 which are substantially those of the legislative assembly 
 of Canada.^ Rule 120 now orders : 
 
 " In all unprovided cases, the rules, usages, and forms oi the 
 House of Commons of the United Kingdom of Great Britain and 
 Ireland shall be followed." 
 
 1 Leg. C. J. [1841], 28. App. 2. 
 
 2 1. Christie's Low. Canada, 130-139. In the journals of 1792 (vol. i., \\ 
 48) we find i\w following entry : "'Resolved that as the assembly of Lower 
 Canada is so constituted after the model and usage of the Parliament of 
 Great Britain, it is wise and decent and necessary to the rights of the 
 people, as well as to the interests of the Crown, that this house follow and 
 observe, as nearly as circumstances uill admit, the rules, orders and usages 
 of the Commons House of Parliament." Also, pp. 26, SO, 124, &c. 
 
 ^ Upp. Can. J. [1792], in MS. in the Parliamentary Library. 
 
 * Leg. Ass. J. [1841], 29, 40, &c. 
 
 ^ Can. Com. J. [18G7-8], 5, 16, 43, 115, 125, 133. 
 
REVISING RULES. 213 
 
 n. Procedure in revising rules and orders. — Whenever it is 
 necessary to appoint a committee in the Commons to 
 revise the rules and standing orders of the house, it is 
 customary to place it under the direction of Mr. 
 Speaker, the motion being : 
 
 " That a special committee of— members be appointed to assist 
 Mr. Speakc in revising the rules of the house, &c."' 
 
 When this committee has reported, its proceedings will 
 be ordered to be printed,' generally in the votes and pro- 
 ceedings* ; and after some time has been given to members 
 for the consideration of the proposed changes, the house 
 will resolve itself into a committee of the whole on the 
 report. When the rules or amendment to the rules are 
 reported from the committee, they must be formally con- 
 curred in like any other resolutions ; and when that has 
 been done they regulate the procedure of the house,^ All 
 the rules and standing orders are printed from time to 
 time in a small volume, which in some cases also includes 
 the British North America Act, 1867, and acts in amend- 
 ment thereof.' 
 
 In the Senate it is also the practice to refer the question 
 of revising the rules to a select committee.'' In 1875 Mr. 
 Speaker Christie was authorized by that house to examine 
 during the recess the rules and forms of proceedings and 
 
 1 Can. Com. .T. [1807-8], IG, 133. lb. [187G], 58. 
 
 - lb. [1807-8], 43. 
 
 " lb., 1870, March 0, V. and P. All the rules Avere printed (with the 
 proposed aiiienduieuts in Ijrackets) in a convenient form hcfore they 
 Avere considorod in committee of tlio Avhole. The rules and* standing 
 orders, as amended in committee of the whole and adopted by the house, 
 should be given in the journals; 108 E. Com. J., 750, 770, 791 ; Can- Com. 
 J. [1807-8], 115. This was neglected in 1870, though several amendments 
 were made in committee of the whole. In the English house, when an 
 order is to be repealed, it is first read and then rescinded ; the new stand- 
 ing orders will next be proposed and agreed to ; 182 E. Hans. (3) 603. 
 
 * Can. Com. J. [1807-8], 115, 125. lb. [1870], 216. 
 
 ^ Can. Com. J. [1807-8], 133. 
 
 ''Sen, J. [1867-8], 60. 
 
214 RULES, ORDERS AND USAGES. 
 
 suggest to the honso at the next session such amendments 
 as he might deem advisaWe/ The speaker's report with 
 a draft of the proposed amended ruh^s, was submitted 
 and referred to a select committee in the early part of the 
 session of 1876. This committee reported certain amend- 
 ments to the speaker's draft, which were considered on a 
 future day. The report was adopted with some modifi- 
 cations and amendments. It is not the practice therefore 
 for the Senate to go into committee of the whole on 
 amendments to the rules.- By the 111th rule of the 
 that house, the British North America Act, ISBt, all acts in 
 amendment thereof, as well as the commission and royal 
 instructions to the governor-general, are printed in a 
 book with the rules for the convenience of the members. 
 
 m. Necessity for a strict adherence to rules. — Each house 
 is bound by every consideration of self-interest and 
 justice to observe strictly its rules and standing orders, 
 and to rebuke every attempt to evade or infringe them.' 
 The political party w^hich controls the house to-day may 
 be in a different position to-morrow, and is equally in- 
 terested with the minority in preserving the rules of the 
 house in all their integrity. " So far the maxim is 
 certainly true, and founded on good sense," says Hatsell^ 
 " that as it is always in the power of the majority by their 
 numbers to stop any improper measures proposed on the 
 part of their opponents, the only weapons by which the 
 minority can defend themselves from similar attempts 
 from those in power, are the forms and rules and proceed- 
 ings which have been found necessary from time to time,. 
 and are become the standing orders of the house ; by a 
 strict adherence to which the weaker party, can alone be 
 
 1 Sen. J. [1875], 256. 
 
 2 lb. [1876], 23, 119, 168. Also [1867-8], 143. 
 
 ^ See eulogy on Parliamentary Law in Hearn, Gov. of England, pp. 
 545-8. Bentham, certainly an impartial critic, " recognizes, in this bye- 
 corner, the original seed-plot of English liberty." 
 
ADHEREXCE TO RULES. 215 
 
 protected from those irregularities and abuses Y.hith these 
 forms were intend(^d to check, and which the wantonness 
 of power is but too often apt to suggest to large and suc- 
 cessful majorities." 
 
 Consecpiently the Senate and House of Commons never 
 permit their rules and standing orders to be suspended, 
 unless by unaniniom consent ; but they niay be formally 
 amended or repealed on giving the notice required in the 
 case of all motions.* The Senate,' like the House of Lords, 
 has standing orders on the subject : 
 
 " 17. No motion for making any order of the Senate a stand- 
 ing order can be adopted, unless the senators in attendance on 
 the session shall have been previously summoned to consider the 
 same. 
 
 " 18. Xo motion to suspend, modify, or amend any rule or 
 part thereof, shall be in order, except on one day's notice in 
 writing, specifying precisely the rule or part of rule proposed to 
 be suspended, modified or amended, and the purpose thereof. ' But 
 any rule may be suspended without notice by the consent of the 
 Senate;* and the rule proposed to be suspended shall be precisely 
 and distinctly stated ; and no motion for the suspension of the 
 rules upon any petition for a private bill shall bo in order, unless 
 the same shall have been recommended by the committee on 
 standing orders."^ 
 
 The proceedings of the two houses of Parliament are 
 regulated by statute, by rules and orders adopted by them- 
 selves, and by those usages which have grown up in the 
 course of time and consequently become a part of their 
 own practice, or are derived from the common law of 
 Parliament by which, as we have just seen, they have con- 
 
 1 80 E. Hans. (3), 158 ; 182 lb. (3), 591 ; 224 lb. 48, 164. Can. Com. J. 
 (1868), 144. Eemarks of Sir J. A. Macdonald, Can. Hans. (1878), 3-4. 
 Can. Com. J. (1877), 111,258, 227 (1 and 19 R. suspe.nded); lb. (1883), 128,. 
 decision of ^Ir. Speaker Kirkpatrick. 
 
 -Min. of P. (1867-8), 111 ; lb. (1869), 107 ; Jour. 69. Deb. (1878), 292. 
 
 •' Sen. Hans. (1882), 705-6. Min. of P. (1883), 359, 363. 
 
 * Sen. Hans. (1882), 103. 
 
 ^ See Commons standing orders respecting private bills No. 55. 
 
216 RULES, ORDERS AXD USAGES. 
 
 sented to be guided in all matters of doubt. A statute 
 regulation supersedes and cannot be abrogated by any 
 order of the house to which it applies.^ For instance, on 
 one occasion Mr. Speaker Cockburn pointed out the 
 fact: 
 
 " The constitutional rule contained in the 54th section of the 
 Imperial Act is one that, being absolutely binding, should be 
 neither extended nor restrained by implication, but should, at all 
 times, be most carefully observed by the house. Consequently 
 unless the governor-general first recommends any vote or motion 
 for the appropriation of public money, it cannot be received by 
 the house."^ 
 
 An express rule or order of the house, whether standing 
 or occasional, supersedes every mere usage or precedent. 
 But in the absence of an express rule or order, what can 
 or ought to be done by either house of Parliament is 
 best known by the custom and proceedings of Parliament. 
 The unwritten law of Parliament in such a case has as much 
 •effect as any standing order.^ It must also be borne in 
 mind that in the interpretation of the rules of standing 
 orders the house " is generally guided, not so much by 
 the literal construction of the orders themselves as by the 
 consideration of what has been the practice of the house 
 with respect to them."^ 
 
 IV. Sessional Orders and Resolutions.— The house passes, in 
 the course of every session, certain orders, which are 
 intended to have only a temporary effect on its proceed- 
 ings, or to regulate the business of the session. These 
 orders generally relate to the times of adjournment, the 
 arrangement of business, or the internal economy of the 
 
 1 Gushing, 790. 
 
 2 Can. Com. J. (1S71), oO. 
 
 =* Gushing, 790; 4 Hatsell, 491, note; 229 E. Hans. (3), 1G25 (Mr. S. 
 Brand) ; 4 Inst. 15 ; 1 Black. Com. 163. Optimum Leguminterpres consiietxido, 
 2 Rep. 81, Coke on Litt. 186a, note ; Sedgewick, 255. 
 
 * Mirror of P. 1840, vol 16, p. 1108-9. 
 
USE OF THE FREXCir LAXGUAGE. 217 
 
 house, or to the presentation of certain papers in subse- 
 quent sessions/ Up to the session of 1876, certain resolu- 
 tions relative to the offer of money to members were 
 formally proposed and agreed to at th(? commencement of 
 every session, but when the rules were revised that year, 
 these resolutions were placed among the permanent 
 orders.^ Though resolutions strictly expiree with the ses- 
 sion in which the are adopted, there are certain resolutions 
 and orders, concerning matters of order and practice, 
 which have been observed as binding without being 
 renewed in future sessions. In such a case it is the prac- 
 tice of the speaker to call attention to the resolution, and 
 to give the house another opportunity of considering 
 whether the resolution should continue to be observed.* 
 
 V. The Use of the French Language.— The use of the French 
 language in the proceedings of the legislature has, from 
 the earliest days of the parliamentary history of Canada, 
 received the sanction of custom and law. At the first 
 session of the legislative assembly of Lower Canada, it 
 was resoh^ed that no motion should be debated or put to 
 the house, unless it was first read in English and French. 
 As the speaker of that day, Mr. Panet, was not well con- 
 
 iCan. Com. J. (18B7-8), 59, SO, &c. Ih. (1877), 111, 227, 2oS ; Ih. 
 (1882), 55. 
 
 - Can. Cora. J. [1876] 110 wpra p. 196. Still renewed every session in Eng- 
 land ; Jour, for 1877, pp. 3—4. The order relative to votes and proce4?d- 
 ings, however, was still to be renewed every session (Can. Com. J., 1877, 
 p. 12; 129 E. Com. J., 8) ; but this was not done in 187>^ and 1.S79, and now 
 it has a place among the standing orders, though there is nothing on the 
 record to show how it came there. 
 
 3 :May, 194, 208 ; Mr. S. Brand., p. 79 Rep. of Com. on Public B., 1878. 
 Exclusion of strangers, 227 E. Hans. (3), 1420; 240 Ih., 47S ; 131 E. Com. 
 J-, 79, 348. Mr. Speaker Anglin's attention was calleil in 1S78 to the fact 
 that a resolution of 1874 relative to the management of the refreshment 
 rooms of the house was not carried out. He said, after some remarks 
 from several members, that he would at once renew his orders in accord- 
 ance with the wish of the house as expressed in the resolution. Can. 
 Com. J. [1874], 14. Private MSS., March 5, 1878. 
 
218 RULES, ORDERS A}iD USAGES. 
 
 versant with English, it was subscquontly resolved that 
 in all casi's when the speak«^r could not speak both 
 English and Fren(^h, " he should read in either of the two 
 languages most familiar to him, while the reading in the 
 other languau'e should be by the clerk or his d<>puty at the 
 table." It was also decided to have the journals and 
 bills print(>d in English and French. Every member had 
 a right to introduce a bill in his own language, but it was 
 then the duty of the clerk to have it translated.^ The 
 rules then adopted, it will be seen a little further on, are 
 substantially those which now regulate the procedure 
 of the Parliament of Canada. 
 
 "When the two provinces of Canada were united under one 
 Parliament, it was provided by the 41st section of the Act 
 of Union,' that " the language of the legislative records, of 
 what nature soever, shall be in the English language 
 only," and though translations might be made, no copy of 
 them " could be kept among the records or be deemed in 
 any case to have the force of an original record." This 
 law naturally created great dissatisfaction among the 
 French Canadians, and it was finally repealed by the 
 Imperial Parliament after an address to the queen had 
 been passed by both houses.'* 
 
 By the 133d section of the British North America Act,. 
 1867, it is expressly provided : 
 
 " Either language may be used by any person in the debates 
 of the houses of the Parliament of Canada; and both these 
 languages shall be used in the respective records and journals of 
 those houses 
 
 The acts of the Parliame nt of Canada and of the Legislature of 
 Quebec shall be printed and published in both those languages." 
 
 ^ I. Christie's Lower Canada, 132-4 ; Low. Can. J. [1792], 92, 100, 148, 
 &c. The journals were printed with corresponding pages in the two 
 languages. 
 
 2 3 and 4 Vict., c. 35. 
 
 3 11 and 12 Vict, c. 56, s. 1, Imp. Stat. I^g. Ass. J. [1845], 289, 290,. 
 300, 305, 317. 
 
USE OP THE FRENCH LASGU AGE. 210 
 
 And by rule 33 of tho IIouso of Commons, it is srdon'd : 
 
 " When :i motion is mccoiuKmI, it shall lie road in I'JJixlish and 
 French by tho sjioakor, if ho l»o taniiliai' with hoth laiii:;iiai!;o.s ; 
 if not, tho spcalvoi' whall road tho motion in ono lan^uag-o, and 
 direct tho dork to road it in the other before debate." 
 
 And rule 93 provides : 
 
 All bills shall bo printed before the second reading in tho 
 French and English languages." 
 
 These rules are always strictly observed in the House 
 of Commons. It is the duty of one of the clerks at the 
 table in both houses — for though the Si'nate' has no stand- 
 ing orders on the subject, yet it is governed by custom and 
 law — to translate all motions and documents whenever it 
 may be necessary. The votes and journals of both houses, 
 and all bills and sessional papers, are invariably printed in 
 the two languages. 
 
 Provision is also made by law for the use of the French 
 language in Quebec,^ Manitoba^ and the Nortk-West 
 Territory.* 
 
 ^ See Report of Select Committee, Sen. J. [1877], 113, 136, 208, 256. 
 2 B. N. A. Act, 18G7, s. 133. Quebec Leg. Ass. Rules, 33, 93. 
 ' 33 Vict., c. 3, s. 23. 
 ♦ 43 Vict., c. 25, 8. 94. 
 
CHAPTER VI. 
 
 MEETISG. PROROGATION, AND DISSOLUTION OF PARLIA- 
 MENT. 
 
 I. Mootiu}.' of Parliament. — IT. Procoodinjrs in the Senate. — III. Election 
 of 8iK>.akcr of the Commons. — IV^. Consideration of the Sjieoch, — 
 V. ProceedinfTS in Sessions nubsecjuent to the first. — VI. Prorogation. — 
 VII. Efl'ei't of Prorogation. — VIII. Dissolution. 
 
 I. Meeting of Parliament.— The summoning, prorogation, 
 and dissolution of Parliament in Canada are governed by 
 English constitutional usage. Parliament can only be 
 legally summoned by authority of the Crown ;' but the 
 British North America Act of 18(3Y provides, with respect 
 to the dominion of Canada, that there shall be a session 
 "once at least in every year, so that twelve months shall 
 not intervene between the last sitting of the Parliament 
 in one session, and its last sitting in the next session.''' 
 A subsequent section also provides that " every House of 
 Commons shall continue for five years from the day of 
 the return of the writs for choosing the house, — (subject 
 to be sooner dissolved by the governor-general), — and no 
 longer."^ Apart, indeed, from statutory enactments, the 
 practice of granting sujiplies annually renders a meet- 
 ing of Parliament every year absolutely necessary.^ Par- 
 liament is summoned by the' Queen's proclamation, by 
 
 ' 2 Hatsell, 206. 
 2 Sec. 20, B. X. A. Act, 1867. 
 
 ^ Sec. 50, lb. See supra, p. 00 for statement showing average duration 
 of each Parliament since 18(37. 
 * May, 44. 
 
I'UOi KEDISdS IS THE SESATE. 221 
 
 and with tlic iidvicc of the privy council.' It i.s th»' prac- 
 tice to proroi^uc Parliament I'or intervals ol' forty days, and 
 when it is the intention to assemble the two houses, de 
 facto, the proclamation will require senators and members 
 of thc! House of Commons to appear personally : 
 
 " For thc despatch of business, to trout, do, and act, ami conchido 
 upon those tliin/^s which in our said Parliament of Cana(hi, by 
 thc common eovnicil of our saiil dominion, may by the favour of 
 God be ordained." ^ 
 
 The Parliament of Canada meets as a rule in tht; winter 
 mouths. The first session was held in November, 1867, 
 and adjourned to March, 1868. In 1869 and 1872 the 
 houses assembled in April ; in 1873 and 1874, in March ; 
 in 1873 there was a special session in October, on account 
 of ministerial difficulties. In 1880 the houses assembled 
 in February, and again in December, to consider the 
 Canada Pacific Railway contract. The practice in other 
 years has been to assemble in February,* but in view of 
 the general sentiment of the house, it is now arranged that 
 Parliam.ent will be summoned hereafter as soon as possible 
 after the commencement of the year. 
 
 II. Proceedings in the Senate.— At the opening of a new 
 Parliament, the senators will assemble in their chamber, 
 at the hour appointed ; and after prayers, if there is then 
 a speaker, it will be his duty to present to the house the 
 usual communication from the governor-general, inform- 
 ing them of the hour when he will proceed to open the 
 session. New members will, on this occasion, be admit- 
 
 ^ Jour. [1879], v-x. 
 
 ^ Infra, p. 236. See different proclamations which appear at commence- 
 ment of .Journals of Senate and House of Commons. Also, ai)i)endix at 
 end of this work for text of proclamation for a meeting for business. 
 
 ^ See address moved by Mr. Brown in the legislative assembly of 
 Canada, in 1853, declaring that the month of February was the most con- 
 venient period for the assembling of ParUament. Jour. [1852-3], 660, 691,. 
 750. 
 
222 MijrrrxG of pauliamicxz 
 
 ted and introduced. The house will then tidjouru durini^ 
 pleasure, and resume as soon as his Excellency or the 
 deputy i^overnor presents himself in the chamber/ 
 
 In case there is a new speak<?r, as soon as the Senate has 
 met, the clerk will read the commission appointing him ; 
 and then he will be conducted to the chair at the foot of 
 the thrcme ])y two prominent members — one of them 
 generally the leader of the government in the house — the 
 gentleman u>sher preceding.' 
 
 Th(; mace which lay before under the talde, will then 
 be placed thereon,' and prayers will be read by the chap- 
 lain. It is usual then to present certificates of the 
 appointment of new members, and to have them formally 
 introduced. The house will next be informed of the hour 
 when his Excellency or the deputy governor will come 
 down ; and the house will then adjourn during pleasure 
 or until that time. As soon as his Excellency or the 
 deputy governor is seated in the chair on the throne, the 
 speaker will command the gentleman usher of the black 
 rod to proceed to the House of Commons and ask their 
 attendance in the Senate chamber.* The proceedings when 
 the Commons present themselves at the opening of a new 
 
 1 Son. J. [1878] 15-17. lb. [1883] 1-23. The. proooedings at the oi)enin.-r, 
 when there is a speaker, are the same as in the old legislative council of 
 Canada, when the sjxsaker was also nominated by the Crown. Leg. Coun. 
 J. [1852] 25-27. The proceedings in 1878 wore similar to those at o|)ening 
 of a new Parliament as the Commons had to elect a speaker. 
 
 2 Sen. Jour. [1879] 16 ; lb. [1880] 12. 
 
 •'' The late Mr. Fennings Taylor, for many years deputy clerk, informed 
 the writer that the mace used in the senate belonged to the old legislative 
 council of Canada. On the night of the 25th April, 1849, when the Par- 
 liament building at INIontreal was burned by the rioter-;, it was saved by 
 Edward Botterell, at that time a messenger, and subsequently a door- 
 keeper of the legislative council and senate. It was placed by him for 
 security in a neighbouring warehouse, and Avas found, when required, 
 quite uninjured. 
 
 * Sen. J. [1874] 11-17; lb. [1879] 15-19; lb. [ISSO] 12-14. For proceed- 
 ngs in the Lords when a new chancellor is appointed before the opening 
 of a new Parliament, see 194 E. Hans. (3) 2-3. 
 
PROCEEDiyOS IS THE SESATE. 223 
 
 Parliameut — or ot'ii subsoqueut session — will be described 
 in a later page, where explanations are given of the Com- 
 mons' proceedings. 
 
 When the speaker is a new member, the elerk must first 
 present the usual return from the clerk of the crown in 
 chancery, and the former will then take the prescribed 
 oath with other new members who may be present. His 
 appointment as speaker will then be formally notified in 
 the manner just stated.' 
 
 In case of the appointment of a new clerk, it is the 
 duty of the speaker to announce it to the ^Senate. The 
 commission will be read forthwith, and the clerk sworn 
 at the table. The appointment of other crown officers 
 may also be announced at the same time.- Whenever a 
 new speaker and a new clerk have been appointed, as in 
 1867, the commission of the former will be first read, and 
 he will take his seat in due form. The speaker will then 
 announce the appointment of the clerk, so that his com- 
 mission may go on the journals.' 
 
 We may now take up the proceedings at the stage 
 where the speech has been duly delivered by the gov- 
 ernor-general, and the Commons have returned to their 
 chamber. The speaker of the Senate, after the retirement 
 of his Excellency, and the introduction of a bill pro forma 
 will report the speech which will be ordered to be taken 
 into consideration immediately, or on a future day, the day 
 following, should it be a sitting day, being generally 
 chosen. All the members present will then be apx^ointed 
 a committee " to consider the orders and customs of the 
 house and privileges of Parliament." * When the order of 
 
 1 Sen. J., 1867-8, Mr. Cauchon ; lb., 1873, ]Mr. Chauveau. 
 ^ Ih. [1883] 1-20 appointment of clerk and masters in chancery. Also, 
 Supra, p. 
 » lb. [1867-8] 55 
 
 *E. 1; Jour. [1879] 22-23; Lords' J. [1877] 11. To this committee is 
 referred every matter affecting the privileges of the house and its mem- 
 bers. In 1880, a senator made a charge against the official reporters, 
 
224 MEETING OF PARLIAMENT. 
 
 the day lor the consideration of his Excellency's speech has 
 been reached, two members will formally propose and 
 second the address in answer to the same. Grenerally, 
 two new members, whose political symx)athies are in 
 accord with the policy of the government of the day, are 
 chosen lor this purpose. The practice in the two houses 
 with resi^ect to the address w^as similar up to 1870,' when 
 it was simplified in the Senate in conformity with the 
 latest practice of the House of Lords. It is now only 
 necessary to move the address directly, without going 
 through the formality of proj^osing a prior resolution as in 
 the House of Commons. "When the address has been 
 agreed to, it is ordered that it be presented to his Excel- 
 lency by members of the privy council who have seats in 
 the Senate.- 
 
 m. Election of Speaker.— When a new Parliament meets, for 
 the despatch of business, on the day appointed by procla- 
 mation, the members of the Commons assemble in their 
 chamber at an hour of which they have been previously 
 notified by the clerk, for the purpose of taking the oath 
 and signing the roll containing the same. The clerk of 
 the crown in chancery is required to be in attendance on 
 this occasion at the table of the house and to deliver to 
 the clerk a roll containing a list of the names of such 
 members as have been returned to serve in the Pa -liament, 
 then about to meet for the transaction of business.^ The 
 following oath will then be administered at the table by 
 certain commissioners (generally the clerk, the clerk- 
 
 and it was referred to the committee, on a motion made not by him, but 
 by two other members. This was a new precedent, but nothing came of 
 the reference as the senator in question had not asked for it and had 
 consequently nothing to submit. Sen. J. [1880] 139, 158 ; Hans, pp- 243- 
 46, 267, 280. 
 
 ^ Sen. J. [1867-8] 69-72. 
 
 2 lb. [1877] 24, 34; lb. [1878] 24 ; lb. [1879] 25-30; lb. [1883] 35-36. 
 Lords' J. [1877] 10, 11. 
 
 ^ Can. Com. J. 1867-8, 1873, 1874, 1879, 1883, p. 1. 
 
ELECTION OF SPEAKER. 225 
 
 assistant, serj aut-at-arms and law-clerk) appointed by 
 dedimus pofesfatem, as provided by the British North 
 America Act, 1867 : 
 
 " I do swear that I will be faithful and bear 
 
 true allegiance to her Majesty Queen Victoria.'" 
 
 "When all the members present have been duly sworn, 
 they will repair to their seats and await a message from 
 the governor-general. It is generally customary, how- 
 ever, to swear in the members at a convenient time in the 
 morning, and then the members re-assemble a few 
 minutes previous to the hour at which his Excellency is 
 to come down to open Parliament. The members being 
 all in their seats, and the clerk, with one or two assistants, 
 being in his place at the head of the table, the usher of the 
 black rod presents himself at the door of the Commons 
 and strikes it three times with his rod. He is at once 
 admitted by the serjeant-at-arms, and advances up the 
 middle of the house, where he makes three obeisances, 
 and says in English and French : 
 
 " Gentlemen, (or Mr.Speaker, in subsequent sessions)his Excel- 
 lency the CTOvernor-General (or the deputy governor) desires the 
 immediate attendance of this honourable house in the Senate 
 chamber." - 
 
 The gentleman usher then retires, without turning his 
 back upon the house, and still making the customary 
 obeisances. The house will then at once proceed to the 
 Senate chamber,^ where the members of the Commons will 
 be informed by the speaker of the Senate : 
 
 ^ B. N. A. Act, s. 128 and 5th schedule. In the English Commons, the 
 speaker first takes the oath, and then the members. Consequently the 
 ceremony is attended with the proper solemnity. May, 204. In the 
 Canadian house, the ceremony is attended with some confusion throtigh 
 the eagerness of members to be sworn immediately. Pari. Deb., 1873, p. 1. 
 
 ■ Can. Com. J., 1874, 1875, 1878, 1879, 1883, p. 1. Pari. Dob. [1874]. The 
 procedure in such cases is similar to that of the English Parliament. 
 
 •* Previous to the session of 1880 members generally preceded Mr. 
 Speaker and officers, but at the commencement of that session arrange- 
 15 
 
226 MEETING OF PARLIAMENT. 
 
 " His Excellency the Governor-General (or deputy governor 
 as in I878 and subsequent sessions) does not see fit to declare 
 the causes of his summoning the present Parliament of the 
 dominion of Canada, until a speaker of the House of Commons 
 shall have been chosen according to law, but to-morj-ow, at the 
 
 hour his Excellency will declare the causes of his calling 
 
 this Parliament 1 (or '' the causes of calling this Parliament 
 will be declared," in case a deputy governor is present.) 
 
 The Commons having returned to their chamber, will 
 proceed at once to the choice of a speaker. The clerk 
 presides at these preliminary proceedings, and will stand 
 up and point to a member when he rises to speak. A 
 member will propose the name of some other member 
 then present in these words : " That do take the 
 
 chair of this house as speaker." This motion must be 
 duly seconded, and put by the clerk, and in case there is 
 no opposition, it will be resolved Nemine contradicente 
 "That do take the chair of this house as speaker." 
 
 The clerk having declared the member in question duly 
 elected, his proposer and seconder will conduct him from 
 his seat to the chair, where standing on the upper step he 
 will " return his humble acknowledgments to the house 
 
 ments were made to give precedence to Mr. Speaker and prevent, if pos- 
 sible, confusion and ditliculty in entering the Senate chamber. Precedence 
 of members in the English house in going up to the Lords is determined 
 by ballot. Eng. J., 1851, p. 439, 443, 445. May, 220. Also, 118. Eng. 
 Hans. (3) 1940-2, 1946. Mirror of P., 1828, vol. i., p. 13. These references 
 will show how difficult it has also boon found in England to arrange an 
 orderly j)rocedure on such occasions. 
 
 1 Can. Com. J. [1873] 1, 2; Ih. [1878] 1 ; Ih. [1879] 1. Sen. J. [1874] 
 15 ; Ih. [1878] 17 ; Ih. [1879] 19. Until the cause of summons has been 
 formally declared by the queen or her representative, neither house can 
 proceed upon any business whatever. The speaker's election is the only 
 business which can be done and that is no exception to the rule, since the. 
 Commons receive express authority for performing this act, without which 
 the House of Commons is not completely organized. 2 Hatsell, 307, 327. 
 1 Todds' Pari. Gov., 248. The speaker of the Senate, however, is sworn 
 and takes his seat, and new senators are admitted as soon as the 
 Senate meet. Sen. Jour. [1879]. 15-19. 
 
ELECTION OF SPEAKER. 22'J 
 
 for the great honour they had been pleased to confer upon 
 him by unanimously choosing him to be their speaker."' 
 
 In case there is opposition, and two or more candidates 
 are proposed, the clerk will continue to point to each 
 member as he rises, and then sit down ; and when the 
 debate is closed he will put the question first proposed ; 
 and if the majority decide in favour of that motion, the 
 speaker elect will be immediately conducted to the chair ; 
 but if it be otherwise, the second motion will be sub- 
 mitted to the house ; and if it be resolved in the aflirma- 
 tive, the miember so chosen will be conducted to the chair 
 in the customary way.^ It is very unusual to divide the 
 house when only one member has been i^roposed, as was 
 the case in 1878, but still some instances can be found in 
 the parliamentary history of England and Canada.'* It has 
 never been the practice in the Canadian or English Parlia- 
 ments for a member proposed as speaker to vote for his 
 own election.* 
 
 In the Canadian House of Commons, the leader of the 
 
 1 Can. Com. J. [1867-8] ; Ih. [1873] ; Ih. [1874] ; Ih. [1883] 2. The 
 jxirson proposed should ahvays be present, and should be properly a 
 member upon whose seat there is no probability of a question. 2 Hatsell, 
 217. For remarks of s^jeaker on such occasions, see 218 E. Hansard 10. 
 Can. Pari. Deb. [1874] 1. Can. Hans. [1878] 12; lb. [1883] 2. The English 
 practice is a little diflerent ; no question is put by the clerk. 129 E. Com. 
 J. 5. ]May, 200. 
 
 ■-' May, 200. 90 E. Com, J. 5 ; 94 Ih. 274. There are no cases since 1867 
 of more than one candidate being proposed for the chair, but many in- 
 stances can be found in the journals of the old legislative assembly. Leg. 
 Ass. J. [1848] 1, 2; lb. [1854], three candidates, Messrs. Cartier, Sicotte 
 and J. S. Macdonald ; lb. [1863] 2nd. session. 
 
 •' INIr. Speaker Wallbridge, 18()3, 2nd session. Leg. Ass. See also Jour, of 
 1852 and 1858. Hatsell, vol. ii., 218 n., gives some old cases from English 
 parliamentary records. 
 
 * See for illustrations of Canadian practice : Low. Can. J. 1797, 1809, 
 1825, 1835. Can. Leg. Ass. J. 1844, 1848, 1852, 1854, 1858, 1862, 1863 (2 
 sess.). Can. Com. J. 1878. In 1854 a candidate voted, but only after the 
 house had refused to accept him, and on a division for another member 
 proposed as speaker. Mr. Turcotte voted himself into the chair of the 
 Quebec Leg. Ass. in 1878. 
 
228 MEETING OF PARLIAMENT. 
 
 govornment generally proposes the first candidate for 
 speaker, and another member of the cabinet seconds the 
 motion/ In the English house, a private member is now 
 always chosen to make the motion, so that it may not 
 appear that the speaker is the " friend of the minister 
 rather than the choice of the house. "^ 
 
 It is usual for leading members on both sides of the house, 
 in England as in Canada, to congratulate the speaker elect 
 in appropriate terms;^ Mention is always made of this fact 
 in the English, but not in the Canadian journals/ 
 
 When the speaker has made his acknowledgments to 
 the house, the mace will be laid on the table, where it 
 always remains during the sitting of the house, while the 
 speaker is in the chair .^ Then the house ad ^ourns until the 
 following day, or to such time as the vernor-general 
 
 ^ Can. Com. J., 1867-8, 1873, 1874, 1878, 1879 and 1883. See Can. Hans. 
 [1878] 2. Ih. [1883] 1. 
 
 2 May, 199-200 ; Opinion of Mr. Hatsell. See 129 E. Com. J. 5 ; 218 E. 
 
 Hans. (3) 6-14, 1874 ; when Mr. Brand was chosen speaker on motion of 
 
 Chaplin and Lord H. Cavendish. Also, remarks of Sir J. A. Mac- 
 
 donald as to advantages of adopting the same practice in Canada. Can. 
 
 Hans. [1878], 2. 
 
 » 218 E. Hans. (3) 10, &c. Can. Pari. Deb. [1874] 1. 
 
 * 129 E. Com. J. 5. 
 
 ^ Hatsell says : When the mace lies upon the table it is a house; Avhen 
 under, ic is a committee. When it is out of the hoilse, no business' can be 
 done ; when from the table and upon the Serjeant's shoulder, the speaker 
 alone manages. Before the election of speaker, it should be under the 
 table, and the house cannot proceed to the election of a new speaker 
 without the mace. 2 Hatsell, 218. The mace remains in the custody of 
 the speaker until he resigns his office. It accompanies him on all state 
 occasions, see supra, p. 166. The mace now in use belonged to the old legis- 
 lative assembly of Canada, and was carried away by the rioters on the 
 2oth April, 1849, when the Parliament House was burned down at Mont- 
 real, after the assent of the governor-general. Lord Elgin, to the Rebellion 
 Losses Bill. It was subsequently recovered, however, and was lying on 
 the floor of the hall when the assembly met on the 26th in the Bonsecours 
 market. Two of the gilt beavers were missing, having been wrenched 
 oflF by the rioters. The legislatures of Nova Scotia, New Brunswick, and 
 Prince Edward Island have never used a mace. See Canadian Monthly 
 for August, 1881, article, by Mr. Speaker Clarke on the mace. 
 
ELECTION OF SPEAKER. 229 
 
 ■will formally open Parliament. At the hour fixed for this 
 purpose the speaker will take the chair, and read prayers 
 before the doors are opened/ After which he will aw^ait 
 the arrival of the " black rod " who presents himself in the 
 manner previously described. When that functionary has 
 delivered his message desiring the attendance of the Com- 
 mons, the speaker elect, with the house, will proceed to 
 the Senate chamber, where he will acquaint his Excellency 
 that the house had " elected him to be their speaker, and 
 will humbly claim all their undoubted rights and privi- 
 leges." On behalf of his Excellency, the speaker of the 
 Senate will reply that " he freely confides in the duty and 
 attachment of the House of Commons to her Majesty's 
 person and government, and upon all occasions w^ill 
 recognize and allow their constitutional privileges, etc."^ 
 
 The choice of speaker by the Canadian Commons, it will 
 1)6 seen by the foregoing form, is not " confirmed " and 
 *' approved " as in the English house."^ In the old legis- 
 latures of Canada previous to 1841 the speakers always pre- 
 sented themselves for, and received, the approval of the gov- 
 ernors ;* but a difficulty arose in 1827 in the legislature of 
 Lower Canada in consequence of the refusal of Lord Dal- 
 housie, then governor-general, to accept Mr. Papine^u as 
 speaker, i The assembly passed resolutions declaring that 
 the course followed by the governor-general was unconsti- 
 tutional inasmuch as the act of Parliament under which the 
 legislature was constituted " did not require the approval of 
 the person chosen as speaker by the person administering 
 the government of the province in the name of his Ma- 
 jesty." The assembly also expunged the proceedings from, 
 their journals, as had been done by the English Commons 
 
 ^ See chapter vii., s. 10. 
 
 2 Sen. and Com. J. 1867-8, 1873, 1874, 1879, 1883. For the formula when 
 a speaker is elected during a ParUament and no reference to privileges is 
 made, see Journals of 1878, and Supra, p. 187. 
 
 ^ 129 E. Com. J. 5 ; May, 201. 
 
 * Low. Can. Ass. J. [1792] 20 ; Upp. Can. Ass. J. [1792] 5. 
 
230 MEETING OF PARLIAMENT. 
 
 in 16t8 in the famons cas(^ of Sir E. Seymour.^ No compro- 
 mise being possible under the circumstances, the governor- 
 general prorogued Parliament. In a subsequent session, 
 the choice of Mr. Papineau, as speaker, was " approved " 
 by Sir James Kempt, who had succeeded Lord Dalhousie 
 as governor-general.^' The form of approval continued to 
 be observed in the legislatures of Upper and Lower Canada 
 until the union of the two provinces 'in 1811, when it was 
 discontinued in the first session of the Parliament of 
 Canada as the act of union was silent on ihe point.^ In 
 the legislatures of Nova Scotia, New Brunswick and Prince 
 Edward Island the lieutenant-governors continue as for- 
 merly to ratify the choice of the assembly f but in the 
 legislatures of Ontario, Quebec, British Columbia and 
 Manitoba, no " approval " is given, the same form being 
 used in those bodies as in the Parliament of the dominion.*^ 
 
 » 4 Pari. Hist. 1092; May, 203. 
 
 * III. Christie, 142, 218. It appears that Mr. Papineau had reflected 
 very strongly in his addresses and manifestoes upon the governor-general. 
 lb. 140. 
 
 ^ The speaker, on these occasions, generally said : " It has pleased the 
 house of assembly to elect me as their speaker. In their name I there- 
 fore pray that your Excellency may approve of their choice." To which 
 the speaker of the legislative council replied : " I am comma-ided by H. 
 E. the goveinor-in-i^iief to inform you that he allows and confirms the 
 choice that the assembly have made of you as their speaker." Low. Can. 
 Ass. J. [1835] 21. It is interesting to note, however, that this formal 
 mode of confirming and approving the choice of speaker was not followed 
 in the first session of the first parliament of Lower Canada. On this 
 occasion the representative of the Crown simply stated that he had "no 
 doubt that the house had made a good choice." Low. Can. Ass. J. [1792] 20- 
 
 * 3 and 4 Vict., c. 35, s. 33. Leg. Ass. J. [1841] 2, 3. 
 
 5 N. S. Ass. J. [1883] 5, 6- N. B. Ass. J. [1879] 11, 12. P. E. L Ass. J 
 [1877] 5. As far back as 1806, Sir John Wentworth, governor of Nova 
 Scotia, refused to ratify the choice of W. Cottnam Tonge as sj)eaker by the 
 assembly, which body, while expressing regret at the use of a prerogative 
 long disused in Great Britain, acquiesced and elected Mr. AVilkins. See 
 " Lower Canada Watchman " which gives a list of precedents of refusal of 
 the Crown to accept speakers in England and her dependencies. 
 
 « Ont. Ass. J. [1880] 4; Quebec Ass. J. [1882] 3; B. C. Ass. J. [1872] 2 ; 
 Man. Ass. J, [1880] (i. 
 
CONSIDERATION OF THE SPEECH 231 
 
 IV. Consideration of the Speech.— On returiiinii: from the Senate 
 chamber the speaker will resume the chair and — the 
 members of the Commons being- all assembled in their 
 respective places — will inform the house that the usual 
 privileges had been granted to the house by the governor- 
 general.^ 
 
 One of the first proceedings will be the presentation by 
 the speaker of reports of judges and returns of the clerk 
 of the crown in chancery respecting elections. It is then 
 the invariable practice in the Commons, as in the Senate, 
 before the speaker reports the speech to the house, to 
 introduce a bill, and to move that it be read a first time 
 only pro forma. This practice is observed in assertion of 
 the right of Parliament to consider immediately other 
 business before proceeding to the consideration of the 
 matters expressed in the speech." 
 
 It is then the practice for the speaker, standing on the 
 upper step of the chair, to report that " when the house 
 did attend his Excellency the Grovernor-G-eneral this day, 
 his Excellency was pleased to make a speech to both 
 houses of Parliament, of w^hich he had, to prevent mis- 
 takes, obtained a copy." The house rarely calls upon the 
 speaker to read the speech, as printed copies ar^ always 
 distributed immediately among the members ; but it is 
 entered on the journals as read.^ The premier, or other 
 member of government in his absence, will move that the 
 speech be taken into consideration on a future day, 
 generally on the following day, if the house should meet 
 at that time.^ On some occasions, to suit the convenience 
 
 1 Can. Com. J. 18G7-8, 1873, 1874, 1879, 1883, p. 3. 
 
 ^ Low. Can. J., vol. 9, p. 30. Can. Com. J. (18G7-8) 3, and all subsequent 
 sessions. 129 E. Com. J. 12. Sen. S. O. I. ; Sen. J. (18G7-8) 60, &c. May, 
 47, 222. 2 Hatsell, 82. The resolution of the 22nd March, 1603, orders 
 this procedure : " That the first day of every sitting, in every Parliament, 
 some one bill, and no more, receiveth a first reading for form's sake." 
 
 '^ Can. Com. J. (1877) 10 ; Ih. (1883) 15. 
 
 * J 6. (1877)10; 76.(1883)15. 
 
232 MEETING OF PARLIAMEXT. 
 
 of the house, when important matters are to come up for 
 debate, and time is required for the consideration of certain 
 papers, the speech is not taken up for several days.' It 
 may, however, be immediately considered — and this is in 
 accordance with the English practice — after it has been 
 reported to the house." 
 
 When the speech has been ordered to be taken into con- 
 sideration on a future day, it is the practice to move the 
 formal resolution providing for the appointment of the 
 select standing committees of the house, and to lay before 
 the house the report of the librarian, or other papers.^ I: 
 is not deemed courteous to the Crown in the Canadian 
 houses to discuss any matter of public policy before con- 
 sidering the speech. In 1878, Mr, Barthe introduced 
 a bill in reference to insolvency, but withdrew it in 
 deference to the wishes of the house until the address was 
 adopted.* Of course circumstances may arise when the 
 house may consider it necessary to act otherwise.'' It is 
 the usual practice in the English Commons to ask ques- 
 tions, move addresses for papers, and to present petitions 
 while the address is under consideration,** and in the ses- 
 sion of 1882, when the debate was prolonged, public bills 
 were introduced and discussed on the motion for leave 
 before the address was agreed to.^ 
 
 When the clerk has read the order of the day for taking 
 into consideration the speech of the governor-general — or 
 
 ^ Can. Com. J. 1873. October sess., p. 119 ; matters relative to the 
 Canada Pacific Railway were then considered, and Sir J. A. Macdonald, 
 premier, resigned. 
 
 2 129 E. Com. J. 13 ; 237 E. Hans. (3) 7, 59. The practice in the English 
 Parliament is invariable. In 1822 an attempt was made to defer the 
 consideration of the speech for two days, but without success. II. Todd, 
 295. 6 E. Hans. N. S. 27, 47 ; 72 lb, 60. 
 
 =* Can. Com. J. (1867-8) 5 ; lb. (1873) Oct. sess. 119 ; lb. (1878) 14. 
 
 * Can. Hans. (1878) 18-19. 
 
 5 2 Hatsell, 308. 
 
 « 137 E. Hans. (3) 156-158 ; E. Com. J. 1876. 2 Hatsell, 309 ; May, 48-9. 
 
 ' 266 E. Hans. 326, 342; 137 E. Com. J. 11, 16, &c. 
 
CONSIDERATIOS OF THE SPEECH. 233 
 
 as soon as the spoe(-h has been reported by the speaker, in 
 case it is immediately considered — a resolution will be 
 proposed for an address in answer. The jjovernment 
 choose two members to move and second the address, gen- 
 erally two ofthe junior members.' In the Eni^lish Commons 
 these members appear in uniform or full dress ; but in the 
 Canadian house this formality is very rarely observed. 
 This resolution is read and agreed to like other r<'solu- 
 tions." As a rule the question is put separately upon 
 each paragraph of the resolution.' When a paragraph has 
 been again read and the question proposed by the. chair, a 
 general debate may take place on such paragraph ;' or 
 amendments may be proposed thereto.^ Members who 
 have spoken on one paragraph may speak again on the 
 question being proposed on a subsequent paragraph, 
 which is obviously a distinct question.'' 
 
 When the house has agreed to the resolution, it is 
 referred to a select committee to prepare and report the 
 draft of an address.^ This is simply a formal proceed- 
 ing — the address having been previously drafted by the 
 law clerk. When it is reported by the chairman, the 
 members of the committee will rise and stand uncovered, 
 whilst the clerk reads the first paragraph pro forma — the 
 
 ^ Can. Hans. (1878) 39, Mr. Masson's remarks. 
 
 2 Can. Com. J. (1S7(J) 54 ; Ih. (1877) 15 ; lb. (1883) 18. 
 
 3 Ih. (18()7-8) 11 ; Ih. (1873) October session, 126 ; Ih. (1875) 56. 
 * lb. (1867-8) 11 ; Ih. (1870) 16 ; lb. (1878). 
 
 ^ lb. (1873) October session, 126, 128. The procedure in the English 
 Commons appears to be different ; the resolution is not read twice, but 
 amendments may be proposed to any paragraph in the same form as 
 amendments to other questions, when the speaker has pro|X)sed the 
 question for agreement in the resohition. May, 223. 105 E. Com. J. 6 ; 
 129 lb. 13. 
 
 ^ Pari. Deb. 1867-8. Remarks of Sir J. A. Macdonald as to the right of 
 Mr. Howe to address the house a second time. Also, Can. Hans. (1878) 
 Dr. Tupper, 95, 306. In the English house a general debate may take 
 place on every amendment moved to a particular paragraph. 102 E. 
 Hans. (3) 74-219. 
 
 ^ Can. Com. J. (1883) 15. 
 
234 MEETING OF PARLIAMENT. 
 
 reading of tho wholo juMross boing- unnocossary. Tho ad- 
 dross is Toad a stsoud timo .and ac^rood to, and amend- 
 ments may he ag;ain proposed to any paragraph, on the 
 second reading of the address ; but none may be moved 
 after th(^ question has been put from the chair for agree- 
 incT with the committee in the addn^ss.' But under 
 Canadian practii^e no amendments are ever proposed at 
 this stage ; they are always proposed on the resolution 
 for the address. As soon as the address has been agreed 
 to, it is ordered to be engrossed and presented to his 
 Excellency by such members of the house as are of the 
 queen's privy council.^ The next proceeding will be to 
 move immediately that the house resolve itself on some 
 future day into a committee to consider of supply and 
 ways and means.* 
 
 It may not be inappropriate to observe here that of late 
 years there has been a disposition shown in the Canadian 
 as well as in the British Parliament to limit the debate 
 on the address as far as possible. The address is now 
 framed in such terms as may avoid the necessity on the 
 part of the opposition of moving any amendment or 
 opening up a prolonged debate.^ It is felt that the ques- 
 tions mentioned in the speech can be more conveniently 
 discussed when the house is in full possession of all the 
 information necessary to the consideration of any important 
 subject. Sometimes, however, the house may be called upon 
 to express its opinions at length, and to vote on an amend- 
 ment to the address, which involves the fate of the gov- 
 ernment of the day.^ But under ordinary circumstances 
 
 ^ May, 200; 129 E. Com. J. 29. Can. Com. J. (1867-8) 15 ; Ih. (1877) 17. 
 
 •' lb. (1876) 54, 55; lb. (1883) 18, 20. The practice of "engrossing" is 
 no longer followed in the English Parliament nor in the Senate. Sen. J. 
 (1883) 36. 137 E. Com. J. (1S82) 46, 47, 54-2. 
 
 =* Can. Com. J. (1877) 18 ; lb. (1883) 20. 
 
 * Can. Hans. (1875) Sir J. A. Macdonald, p. 12 ; Can. Hans. (1878) 
 remarks of the premier, Mr. Mackenzie, p. 36. lb. (1879) 16. 232 E. 
 Hans. (3) 73, Marquess of Hartington. 
 
 ^ Can. Ck)m. J. (1873 October session), 126. In 1878 a very lengthy 
 
PROCEKDISns IX SUBSEQUENT SESSIOXS. 285 
 
 tho dosire is to puss the address with as littk^ delay as 
 possible, and to eontiuo the debate to a general review of 
 the policy of the government, without taking up those 
 specifu' subjects on which the necessary intorniation is 
 not yet before the houses.' It is felt desirable to allow the 
 address to pass without a division and " be in point of 
 fact the unanimous and respectful expression of the 
 deference with which the houses receive the first commu- 
 nication of the session " from the sovereign or her repre- 
 sentative.^ 
 
 But of course whilst there is a growing disposition on 
 the part of the houses in Canada and England to limit 
 debate on the address, yet it is always open to any number 
 of members to avail themselves of the great latitude that 
 they have at this stage of discussing public matters. In 
 the session of 1882, the address was debated in the English 
 House of Commons for several days, in fact even to an inor- 
 dinate extent ; ^ but the sense of the house is obviously 
 opposed to these prolonged discussions, which are not 
 likely to occur except under such exceptional circum- 
 stances as have existed for some time past to complicate 
 the debates of the English Parliament. 
 
 V. Proceedings in Subsequent Sessions.— In sessions, subse- 
 quent to the first, the two houses assemble at the time 
 appointed, with the speaker in the chair of each. Prayers 
 will be read in each house, and new members may be 
 introduced in the Senate in the manner described in chap- 
 ter two. The Senate wall then adjourn during pleasure^ 
 
 debate took place on the address. The tariflF was one of the principal 
 topics of discussion, and the inconvenience of chscussing it at that stage 
 was evident from the fact that the same subject came up again on the 
 budget. In 1879 the address was agreed to in tlie afternoon of one day. 
 In 1883 the debate did not continue beyond one sitting. 
 
 ^ 11. Todd 295-7 ; 232 E. Hans (3) 45, 54, 56, 73. 
 
 2 144 E. Hans. (3) 22-44. Lord Derby, and Earl of Clarendon. 
 
 * The debate commenced on the 7th Feb. and did not close until the 18th. 
 
236 riiOROGATION OF PARLIAMENT. 
 
 and, on rosumin*];', the Commons will bo summonod with 
 tho usual lbnnaliti«?s as soon as his Ex<'olleu<'y, the Gover- 
 nor-Cr(>n»»ral, has taken his soat on the throne. The Com- 
 mons being present at the bar, the jj^overnor-i^eneral will 
 open Parliament with the usual speech, and the Commons 
 will then return to their house.' Before the speaker has 
 announced the speech, it will be his duty to inform the 
 house immediately of any notifications of vacancies in the 
 representation, and to lay before it any returns, reports, 
 or papers relative to the seats of members — all of which 
 must be entered on the journals.^ The speech will then 
 be taken up as in the manner previously described. 
 
 VI. Prorogation.— The proceedings at the prorogation of 
 Parliament may now be briefly described. As soon as 
 the business of the two houses is concluded, or so nearly 
 concluded that there can be no doubt as to the time of 
 prorogation, it is customary for the governor-general, 
 through his secretary, to inform the speaker of each house 
 that he will proceed to the Senate chamber at a certain 
 hour to close the session.'' On the day, and at the hour 
 appointed, the t\7o iioi'se- assem.ble, and as soon as his 
 Excellency has taken his place on the throne the speaker 
 of the Senate will command the gentleman usher of the 
 black rod to proceed to the House of Commons and 
 acquaint that house : — " It is his i^xcellency's pleasure 
 they attend him immediately in this house." The ser- 
 jeant-at-arms in the Commons will announce the message 
 in the usual words : " A message from his Excellency, the 
 GrovernoT-General ;" and the speaker will reply : "Admit 
 the messenger." The black rod presents himself in the 
 way already described, and informs the house : " I am 
 coip.mauded by his Excellency the Grovernor-G-eneral, to 
 
 » Sen. J. (1877) 13-18 ; Com. J. 1871, 1877, &c. 
 
 2 Can. Coiii. J. (1875) 1-52 ; Ih. (1877) 1-9, &c. 
 
 3 Sen. J. (1878) 291 ; Ih. (1883) 282. Com. J. (1870) 352; Ih. ^883) 435. 
 
pnocFEVT.yas ix Tin: sesate. 237 
 
 ;i(quaint this hoiiour:i})K' house that it is tlic idmsuro of 
 his Exct'lleiioy tli;it iho incmlx'rs then of do l"orth\vith 
 uttoiul him ill the Senate chamhor." "When the messenuer 
 from the Senate has retired, the speaker \vill proi-eed ^vilh 
 the Commons to the Senate (•liam]);'r. and lake his i>roper 
 phuv at the bar. Th«' ( lerk of the crown in ehaneery will 
 then pro<'eed to read the titles of the ])ills, and when these 
 have been assented to, or r«»served in the manner hereafter 
 described,' the speaker will make the usmil speeeh in prc;- 
 senting" the supply bill, to which the royal assent will be 
 sriven in the prescribed words.^ Then his Excellency the 
 Grovernor-General, will proceed to deliver the speech cus- 
 tomary at the close of the session. When his Excellency 
 has concluded reading the speech in the two languages, 
 the speaker of the Senate will say : " It is his Excellency 
 the Governor-Greneral's, will and pleasure that thi^; Parlia- 
 ment be prorogued until , to be th«'n here 
 
 holden ; and this Parliament is accordingly i)rorogued 
 until .'' The Commons then retire, and tho ses- 
 sion is at an end according to law.* 
 
 At the end of a session, as we have just seen the 
 speaker of the Senate announces his Excellent y's will and 
 pleasure that Parliament be prorogued, but subsecjueiitly 
 this is done in the " Canada Gazette," through the clerk 
 of the crown in chancery.^ The goveinor-general may, 
 however, wath the advice of his council, summon Parlia- 
 ment for the transaction of business at any time after the 
 issue of the proclamation of prorogation.'* When Parlia- 
 ment has been dissolved and summoned for a certain day, 
 it meets on that day for the despatch of business, if not 
 prtrviously prorogued, without any proclamation for that 
 
 ^ Chap, on r>ills. 
 - lb. on Supply. 
 
 ■' Sen. J. (1883) 292-98. Can. Com. J. (1883) 438-41. 
 * See proclair.ations at commencement of Journals. Also, " Canada 
 Gazette," Aug. 18, 1883. 
 '" Journals (1879) ix-x. 
 
238 PROROGATION OF PARLIAMENT. 
 
 purpost% the notice of such meeting being comprised iu 
 the prochimation of dissolution and the writs then issued/ 
 The governor-general will be always guided by British 
 constitutional i^ractice with respect to the prorogation 
 and dissolution of Parliament, and when he declines the 
 advice of his responsible ministers in such matters he 
 intimates that he has no longer confidence in them and 
 virtually dismisses them from his counsels." 
 
 In old times of English parliamentary history, it was 
 not unusual for the Crown to signify its pleasure that 
 Parliament should be adjourned till a certain day ; but 
 <?.ven then it appears that the house did not think itself 
 bound to obey the sovereign's commands.' But no case 
 of this kind has occurred in England since 1814;' and 
 none can now ever arise under the constitutional system 
 whii'h makes the ministry responsible for the acts of the 
 Crown. In Canada, such cases have never occurred. 
 "When it is sometimes found necessary, as in 1873, to have 
 a long adjournment, ministers must assume the responsi- 
 bility, and persiiade the house as to the necessity of such 
 a course.' 
 
 VII. Effect of Prorogation.— A prorogation necessarily puts 
 an end, for the time being, to the functions of the legisla- 
 tive body, as an adjournment is a continuation from day 
 to day of the functions of each of its branches." The legal 
 effect of a prorogation is to conclude a session ; by which 
 all bills and other proceedings of a legislative character 
 -depending in either branch, in whatever state they are at 
 
 ^ May, 51. 
 
 ^ See reply of Lord Diifferin in 1S73 to a deputation of members of Par- 
 liament who called on him to prorogue tlie houses contrary to the advice 
 of his privy council. Com. J. (1873, 2nd. session) 31-32. 
 
 ^ 2 Hatsell, 317-321. May, 51. 
 
 * 49 Lord's J. 747 ; 69 E. Com. J. 132. 
 
 ^ Despatch of Lord DuflFerin ; Com. Jour. 1873, 2nd. sess., p. 16. 
 
 * Gushing, 519. 
 
niSjOLuriON. 239 
 
 the time, are entirely teriniuated, aud must be commenced 
 anew, in the next session, precisely as if they had never 
 been begun/ In like manner a prorogation has the effect 
 of dissolving all committees, whether standing or S(4ect." 
 In the case of private bills, however, relief has been fre- 
 quently granted to the parties concerned in promoting or 
 opposing such measures, when a session of Parliament 
 has been brought to a premature close on account of the 
 exigencies of political conflict. This has been done by 
 the adoi)tion of resolutions, permitting such bills to be re- 
 introduced in the following session, and by means of jrro 
 forma and unopposed motions advanced to the stages at 
 which they severally stood when the x:)rorogation took 
 place;' But such a procedure is only justifiable under cir- 
 cumstances of grave urgency, and in view of an abrupt 
 and premature termination of the session.' The House of 
 Commons in England has never agreed to proposals that 
 have been sometimes made to give the statutory power 
 to either house of suspending a public bill, and resuming 
 it in the ensuing session at the precise stage where it had 
 been dropped.^ 
 
 Vm. Dissolution.— Parliament was formerly terminated on 
 the demise of the Crown in Canada as in England.*' The 
 legislature of Canada, in 1843, passed an act providing 
 
 1 2 Hatsell, 335. May, 49. 1 Blackst., ISO. 
 
 - 5 Grey, 374 ; 9 lb., 350. Can. Com. J. [1873, 2nd. sess.] 16. 
 
 •■' 1 Todd's Pari. Gov. in England, 247 /;. 86 E. Com. .T. (1831) part 2, p. 
 525. Mirror of P. (1841) 2303, 2346 ; 144 E. Hans. (3) 2209 ; 153 Ih. 1528, 
 1607. Leg. App. J., August sess. of 1863, pp. 91, 93, 282, 288; 1865, Jan. 
 sesB., pp. 226, 246. Todd's Private Bills 62, 63. 
 
 * 180 E. Hans. (3) 692, 851. 
 
 ^ 1 Todd's Pari. Gov. in England, 247 n. Com. Pap. 1861, vol. xi, p. 439- 
 
 * The Leg. Ass. of Lower Canada, on 24th April, 1820, on death of Geo. 
 Ill ; on August 30, 1830, on death of Geo. IV. In Queen Anne's reign the 
 rule that Parliament was ?/^so facto dissolved by the death of the sovereign 
 was relaxed, and it was permitted to sit for 6 months afterwards ; and 
 this restriction was swept away by the Eeform Act of 1867, so that the 
 
240 MANNER OF DISSOLVING PARLIAMENT. 
 
 that " no Parliament of this province, summoned or called 
 by our Sovereign Lady the Queen, or her heirs and succ^es- 
 sors, shall determine or be dissolved by the demise of the 
 Crown, but shall continue to meet, notwithstanding such 
 demise." ^ This act was re-enacted in the first session of 
 the Parliament of the dominion of Canada." 
 
 Parliament may be dissolved at any time by the Crown, 
 under the advice and consent of the privy council. It is 
 the rule in Canada as in England, when it is intended to 
 dissolve Parliament, first to prorogue it to a certain day ; and 
 then, at some intermediate period, to issue a proclamation 
 discharging the members of both houses from their attend- 
 ance on that day, and formally dissolving Parliament.^ 
 
 demise of the Crown will in future have no effect whatever on the con- 
 tinuance of the Parliament then in being (30 and 31 Vict., c. 102, s. 51). 
 Taswell-Langmead, 735-6. 
 
 ^ 7 Vict., c. 3, s- 1. Cons. Stat, of Canada, c. 3. 
 
 2 31 Vict, c. 22, s. 1. 
 
 ' See Journals for 1873, 1874, 1879, 1883, at beginning of vols. The 
 reasons of this old English usage, according to Hatsell, (II, 383) are pro- 
 bably those suggested by Charles I in his speech, in 1628 : — " That it 
 should be a general maxim with kings, themselves only to execute 
 pleasing things, and to avoid apixjaring personally in matters that may 
 seem harsh and disagreeable." 
 
CHAPTER VII. 
 
 ORDER OF BUSINESS. 
 
 I. Days and Hours of Meeting. — II. Adjournment over Holidays and 
 Festivals. — III. Long adjournments. — IV. Decease of Senators and 
 Members. — Y. Meeting at an earlier hour — Two sittings in one day. — 
 VI. Protracted Sittings. — VII. Proceedings at six o'clock and half-past 
 seven p.m. — VIII. Adjournment during pleasure. — IX. Quorum in both 
 Houses. — X. Prayers. — XL Order of Daily Business. — XIL Calling of 
 Questions and Orders. — XIII. Arrangement of Orders. 
 
 I. Days and Hours of Meeting.— The Senate and House of 
 Commons meet every day at three o'clock in the afternoon, 
 except on Saturdays.^ The houses sometimes meet on 
 Saturdays, or at an earlier hour, towards the close of 
 the session, when the work of the committees is nearly 
 concluded, and there is a general desire to facilitate the 
 progress of public business. The leader of the ministry 
 in either house should always give notice of his intention 
 to ask the members to sit on Saturdays ; and the motion 
 should also state the order of business ; that is to say, 
 whether government or private measures are to have pre- 
 cedence." 
 
 n. Adjournment over Holidays.— The houses generally adjourn 
 over certain statutory holidays and festivals, or holy days 
 observed by religious bodies. These days are : Ash- Wed- 
 nesday f Ascension Day ;^ Corpus Christi f Annunciation f 
 
 ^ Sen. R., 3, and Com., R. 1. 
 
 ^ Can. Com. J. (1877), 227 ; Ih. (1878), 186, 220 (earlier hour). 
 
 Ub. (1870), 31 ; lb. 1871, 1875, 1876, 1877, 1878, 1879, 1881. 
 
 * lb. 1869 ; lb. 1873 ; lb. 1878 ; lb. 1883. 
 
 =* 16. (1869), 137. 
 
 « lb. (1870), 107; lb. 1873 ; lb. 1878 ; lb. 1879 ; lb, 1880. 
 
 16 
 
242 ORDER OF BUSINESS. 
 
 Good Friday ;^ Easter Monday ;- Queen's Birthday.'' The 
 House of Commons has sat on Easter Monday, when it has 
 been necessary to close the business of the session expedi- 
 tiously/ It is the practice to make the following formal 
 motion, in case of a proposed adjournment, some time in the 
 course of the day before the speaker leaves the chair : 
 "That when this house adjourns this day, it do stand 
 
 adjourned till next."' In 1872 the houses adjourned 
 
 over the day appointed to give thanks for the recovery 
 of the Prince of Wales.'' 
 
 m. Long Adjournments.— During the first session of the Par- 
 liament of the dominion, the houses adjourned from the 
 21st of December to the 12th of March, in order to give full 
 opportunity to the government to consider and complete 
 all the measures necessary to the inauguration of a new 
 constitutional system. In such a case, it is usual for the 
 governor-general to come down on or before the day of 
 adjournment, for the purpose of assenting to all the bills 
 that have passed the two houses." In 1873 the houses 
 adjourned from the 12th of May to the 13th of August iu 
 order to receive the report of a committee appointed by 
 the Commons to inquire into certain matters connected 
 with the construction of the Canadian Pacific Railway.^ 
 
 ^ Can. Com. J. (1870), 181, invariable every session. 
 
 2 lb. (1870), 19(i ; lb. (1883), 147. 
 
 =» lb. (1867-8), 122 ; lb. (1872), 1G3 ; lb. (1883), 435. The Senate in ISSS 
 met on the Queen's Birthday on acc'ount of the urgent state of the pubhc 
 business. The house adjourned during pleasure on the previous day and 
 met on the Queen's Birthday by general consent. Sen. Hans., pp. 657, 
 658. No entry consequently is made of the meeting on that day. Jour. 
 p. 288. 
 
 * The house sat on Easter Monday in 1877 and 1878. 
 
 s Can. Com. J. (1867-8), 122 ; lb. (1877), 25. In case it is decided not to 
 sit in the evening for some special reason, it is usual to make a formal 
 motion to that effect before the speaker leaves the chair at 6 o'clock. 
 Can. Com. J. (1880-1), 92 ; Gov.-Gen's levee, Hans. p. 485. 
 
 « Sen. J. (1872), 24 ; Com. J., p. 8. 
 
 ' Can. Com. J. 1867, Dec. 21. 
 
 8 Ih. (1873), 423, 436, 437. 
 
DECEASE OF MEMBERS. 243 
 
 There was a second session of Parliament during the 
 autumn of the same year. Again in December, 1880, the 
 houses met for the purpose of considering the contract for 
 the construction of the Canadian Pacific Railway, and 
 adjourned from the 24th of the month to the 4th of January, 
 1881. The houses did not sit on the Epiphany when 
 they resumed business. 
 
 IV. Decease of Members.— It was the practice in the Senate 
 up to a very recent date to adjourn the house out of respect 
 to a deceased senator ;' but this is now done only in very 
 exceptional cases. The house ad.journed, for instance, on 
 ths death of Mr. Christie, formerly speaker, and two 
 senators were named to attend the funeral.- The Senate 
 has also more than once adjourned to show respect to the 
 memory of a distinguished member of the House oi" 
 Commons.* But though the Senate does not now adjourn 
 under ordinary circumstances, a member may refer in 
 appropriate terms to a deceased senator.* 
 
 It was formerly also the usage for the House of Com- 
 mons to adjourn when it was informed of the decease of 
 a member.'* In 18G8, the house adjourned on the news of 
 the assassination of Mr. McGree, whilst on his way home 
 from the Commons.*' The house has also adjourned to 
 give an opportunity to members to attend the funeral of 
 some distinguished person, who was not at the time a 
 member." The old practice of adjourning the House of 
 Commons on the death of a member has been discontinued 
 
 "' Sen. Deb. (1871), 6-8 ; //;. (1872), 14 ; Ih. (1873), 233-235, &c. Jour. 
 (1S72), 29, &c. 
 
 - Sen. Hans. (1S80-81), 44-45 ; Jour. pp. 39, 40. On this occasion Mr. 
 Scott referred to the practice of the Senate. 
 
 '^ D'Arcy McGee, 1807-8. Sen. J. p. 213 ; Sir George E. Cartier, 1873, 
 Debates, p. 284 ; Jour., p. 300. 
 
 * Sen. Hans. ''1880), 211 (death of Sen. Seymour.) 
 
 * Can. Com. J. (1870), 114, 175 ; Pari. Deb., p. 718. 
 ^ Can. Com. J. (1807-8), 180. 
 
 ^ lb. (1809), 100 ; H. J. Friel, Mayor of Ottawa. 
 
244 ORDER 01 BCSIXESS. 
 
 since 18*71,' and has b^en only revived in a A'ery excep- 
 tional case — that of Mr. Holton, a very prominent and 
 respected men'ber, who died suddenly during the session 
 of 1880." In a subsequent session the expediency of 
 adhering to the practice of the English Parliament except 
 under extraordinary circumstances was strongly urged by 
 leading members on both sides of the house.^ 
 
 V. Two Sitting^ on one Day.— If it is intended to meet earlier 
 next day, a formal motion should be made previous to 
 the adjournment of the house, as in the case of holidays or 
 church festivals.* Sometimes the house adjourns at six 
 until half-past seven o'clock, in order to have two sittings 
 on the same day f in some cases, three distinct sittings 
 have been had on one day.*^ When election committees 
 met before the passage of the act providing for the trial 
 of controverted elections by the judges, the house was 
 frequently adjourned for a few minutes in order to enable 
 those committees to assemble in accordance with law.'^ 
 
 VI. Protracted Sittings.— The House of Commons sits very 
 frequently after midnight, and when it does so the fact 
 must be recorded in the journals.'^ It has been attempted 
 several times to limit the sitting of the house to a certain 
 hour every night, but the motion has been withdrawn 
 
 ^ Pari. Deb. 1872, p. 181 ; remarks of Sir J. A. Macdonald, on the occa- 
 sion of the death of Mr. J. Sanuneld ^Macdonald who liad himself urged a 
 change of practice in this particular. 
 
 '' Can. Com. J. (1880), 137 ; Hans. p. 649. 
 
 ^ Can. Hans. (1880-1), 223-4. For recent cases of adjournment of the 
 English house ( death of Mr. Wykeham Martin in the library, in 1878, 
 &c.,) see May, 241-2. Both houses adjourned after the assassination of 
 Lord Cavendish and Mr. Burke ; 269 E. Hans. (3), 315, 319. 
 
 * Can. Com. J. (1870), 226 ; lb. (1871), 221, 256, 275, 298; lb. (1878), 220. 
 
 ^ lb. (1867-8) 59, 80, '315 ; lb. (1878), 292. The same course has been 
 followed in the Senate. Jour. (1880), 234. 
 
 « Leg. Ass. J. (1866), 355. 
 
 ^ Can. Com. J. (1867-8), 207, 218, 301. Cons. Stat. c. 7, s. 79. 
 
 8 Can. Com. J. (1877), 98. lb. (1878), 283, etc. 
 
PROTRACTED SITTINGS. 245 
 
 when leading members ou both sides have shown that it is 
 practically impossible to carry it out on all occasions.' In 
 187 Y, a sort of understanding was arrived at that the house 
 should adjourn at or near midnight, whenever it could be 
 done without interfering with the progress of business be- 
 fore the house ; but even this understanding could never 
 be carried out." In the old Canadian legislature the house 
 sat in 1858 from 3 o'clock on the afternoon of May 25 till 6 
 o'clock in the evening of the following day. On this occa- 
 sion Mr. Speaker decided that the orders of the 25th of 
 May must be proceeded with after 3 o'clock p.m. on the 
 26th of May, as there had been no adjournment since 
 the previous day, and no new meeting of the house 
 under the first rule.^ In the following year, the house 
 sat still longer, for nearly 39 hours, with two intermissions 
 at six o'clock p.m, on each day.* The House of Commons 
 also sat from three o'clock on Friday to six p.m. on 
 Saturday evening, on the occasion of an exciting debate 
 with respect to the constitutionality of the action taken 
 by Lieutenant-Grovernor Letellier de St. Just in the winter 
 of 18Y8, when he dismissed the de Boucherville ministry 
 in the province of Quebec' 
 
 The English Parliament has occasionally met on Sun- 
 days, but only in cases of grave necessity.^ On one 
 
 1 Can. Hans. (1877), Feb. 19 ; lb. (1878), 393-5. 
 
 ^ lb. (1878), 393. 
 
 ^ Speak. D. 28. Journals, pp. 506-515. 
 
 * Seigniorial Tenure Resolutions, April 14 and 15, 1859. 
 
 ^ April 12th and 13tli, 1878. On this occasion the house was a scene of 
 great disorder ; the opposition being determined to debate the question 
 at length despite the wish of the ministerial supporters to bring it to a 
 close. The sittings of 1858 and 1859 were also characterized by much 
 confusion and irrelevant debate. 
 
 « On the demise of the Crown, 13 E. Com. J. 782; 18 lb. 13 ; 28 lb. 929, 
 933; 75 lb. 82, 89. Commonwealth period, 1G41. The plot, 1078. 
 Reform bill, 18th December, 1831. Habeas corpus suspension act (Ireland), 
 Feb. 18th, 1866. The house sat into Sunday, on 3rd July, 1880, and on 
 several occasions since then. 
 
246 ORDER OF BUSINESS. 
 
 occasion since 18Ct the Commons of Canada sat over 
 Saturday until nearly om; o'('lo<k on Sunday morning/ 
 
 Vn. Proceedings at 6 o'clock and half-past 7 p.m.— As soon as 
 six o'clock arrives during a sitting, and it is intended 
 to continue business in the evening, the speaker leaves 
 the chair, and resumes it at half-past seven o'clock. The 
 rules of the tvro houses on this point are the same : ' 
 
 "If at the hour of six o'clock p.m., the business of the house 
 be not concluded, the speaker shall leave the chair until half-past 
 seven " 
 
 No rec^ord is made of the fact in the journals, for the 
 mace is left on the table, and the house is considered still 
 in session. If the house is in committee of the whole, the 
 speaker takes the chair at six and makes the usual 
 announcement : " It being six o'clock, I leave the chair." 
 The speaker will take the chair at half-past seven o'clock, 
 and call on the chairman to resume. In case private bills 
 are fixed for the first hour after half-past seven (R. 19) 
 they must be first disposed of, and then the committee 
 resumes. ^ 
 
 Vm. Adjournment during Pleasure.— The Senate and Com- 
 mons also sometimes suspend a sitting during pleasure, 
 or with an understanding that they resume at a cer- 
 tain hour. This is done constanth/ it the close of a 
 session, whilst one house is waiting Vor messages from the 
 other.^ As the house is technicu-lly in session — the mace 
 being on the table as at six o'clock — no entry is made of 
 the fact in the Commons' journals f but it is always 
 recorded in the Senate minutes.*^ But every formal motion 
 
 1 Can. Com. J. (1870), 237 ; interest bill. 
 
 2 Sen. R. 4 ; Com., 2. 
 
 =• Can. Com. J. (1874), 113 ; lb. (1878), 118-121; lb. (1883), 153, 223. 
 * Sen. J. (1867-8), 100, &c. See mpra, 242 n. (Queen's Birthday), 
 s May, 241. 
 « Sen. J. (1877), 309. 
 
QUORUM. 247 
 
 for adjournment — oA'on for half iin hour' — must bo entered 
 as well as the time at which the House of Commons ad- 
 journs every sitting after midnight." 
 
 IX. Quorum— By the 35th and 48th sections of the British 
 North America Act, 1807, it is provided that the presence 
 of at least 15 Senators and 20 members of the House of 
 Commons, including the speaker, shall be necessary to 
 constitute a meeting of either house, for the exercise of its 
 powers. Both houses have standing orders on this 
 matter. Under the orders of the Senate, it is provided : 
 
 "5. If thirty minutes after tho time of meeting, 15 scnutors, 
 including the speaker, are not present, tho speaker takes the 
 chair, and adjourns the house till the next sitting day ; the names 
 of the senators present Leing taken down by tho clerk." ^ 
 
 " 6. When it appears, during the sitting of the Senate on notico 
 being taken that fifteen senators, including the speaker, are not 
 present, the senators who may be in the adjoining rooms being 
 previously stimmoned, the speaker adjourns tho house as above, 
 without a question first put." 
 
 The standing orders of the House of Commons are as 
 follows : 
 
 "■o 
 
 " 1. The time for the ordinary meeting of the house is at three 
 o'clock in the afternoon of each sitting day ; and if at that hour 
 there be not a quorum, Mr. Speaker may take the chair and 
 adjourn." 
 
 " 4. Whenever tho speaker shall adjourn the house for want of 
 a quorum, the time of the adjournment and the names of the 
 members then present, shall be inserted in the journal." 
 
 Accordingly when the attention of the speaker has been 
 called to the fact that there is no quorum present, he will 
 proceed at once to count the house, and if there are not 
 
 ^ Can. Com. J. (1870), 13. 
 
 2 lb. (1877), 237 ; Ih. (1878), 224 ; lb. (1883), 317. 137 E. Com. J. 440. 
 ■ In the House of Lords, only three lords may constitute a quorum^ 
 May, 235. 
 
248 ORDER OF BUSINESS. 
 
 twenty mombers present, ineludinj^ himself, the clerk 
 will take down the names, and the speaker will thon 
 adjourn the house without a question first put until the 
 usual hour on the next sitting day.' If it should appear, 
 after a division, that a quorum is not present, the house 
 should be adjourned immediately ;" but when it is found 
 in committee of the whole that twenty members are not 
 in the house, the committee must rise, and the chairman 
 report the fact to the speaker, who will again count the 
 house, and when there is not a quorum, he must adjourn 
 the house forthwith ; while the house is being counted the 
 doors remain open and members can come in during the 
 whole time occupied by the counting.* A " count out " 
 will always supersede any question that is before the 
 house ; and if an order of the day for supply, or for the 
 reading or committal of a bill be under consideration at the 
 time, and there is no quorum present, the house must be 
 asked at a subsequent sitting to reviA^e the question that 
 may have lapsed in this way.^ A " count out " is of con- 
 stant occurrence in the English House of Commons \' but 
 only one case has happened in the Canadian Commons 
 since 1867." 
 
 X. Prayers.— Like ihe old legislative councils of Canada, 
 the Senate have always opened their proceedings with 
 prayers, and a chaplain is appointed by the governor- 
 general for that purpose.' He reads the prayers as soon 
 
 1 Can. Com. J. (1869), 243. 
 
 2 23 E. Com. J. 700 ; Ih. 845. 
 . 3 May, 237. 
 
 * 131 E. Com. J. 391, 329 ; forfeiture relief bill, ordered to be considered 
 on a future day. 235 E. Hans. (3), 203 ; 131 E. Com. J. 282-3, Com. of 
 supply. 137 Ih. 18, 297, 300, 483. 
 
 * On Tuesdays and Fridays, sess. of 1873, 14 times ; Pari. P. 1873, vol. 
 53, p. 1. In 1882, 20 times ; Jour. vol. 137. 
 
 ^ In 1869, Jour. p. 243. Several cases can be found in the journals of 
 the legislative assembly of Canada (1858), 231 ; (1861), 342 ; (1865, Aug. 
 Sess.), 110. 
 
 ^ Supra, p. 160. 
 
i'AM Yicns. 249 
 
 as th«» spoakor tak(»s the chair, and Ix'ibrc his I'lxrollcncy 
 prestMits himself in the chamber at thf openiui^' of Parlia- 
 ment/ 
 
 The old Ico-islativc assembly of Canada never eom- 
 menced its proceedings with prayer ; ■ and it was not 
 until the session of 1877 that steps were taken in the 
 Canadian Ilouise of Commons to follow the example of the 
 British house in this particular. On motion of Mr. ^lac- 
 donald of Toronto a committt^e was appointed to consider 
 the subject, and it reported a form of prayer which 
 appears in the appendices to this volume and is read by 
 the speaker every day, before the opening' of the doors. 
 The report ' which was adopted nem. con. recommends that 
 " the aforesaid form of prayer be read by ]Mr. Speaker in 
 the language most familiar to him." ' Mr. Speaker Blan- 
 chet read the prayers iu English and French on alternate 
 days. 
 
 In accordance wath English practice, at the commence- 
 ment of a new Parliament, the speak«^r reads prayers on 
 the day following his election, and before the causes of 
 summons are announced. '' In subsequent sessions the 
 prayers are said as soon as the Commons meet in their 
 chamber, before going up to the Senate in obedience 
 
 1 S()n. J. (1874), 13 ; Ih. (1878), 14 ; Ih. (1879), 16 ; Ih. (1SS3), 13. Tho 
 clerk assistant has read tho prayers in the absence of the chaplain. 
 
 '■' But the legislative assembly of Upper Canada had a chaplain who 
 read prayers daily, Upp. Can. J. (1792), 8. The P. E. Island, New Bruns- 
 wick, and Nova Scotia legislatures have also had a chaplain for many 
 years. But in 1881 the s|)eaker was authorized in the Nova Scotia as- 
 sembly to discharge the duties of chaplain and a form of prayer was 
 adopted, N. S. Jour. (1881), 5. In the New Brunswick asseml)ly, prayers 
 are read by the speaker in the absence of the chaplain. K. 38. 
 
 3 Can. Com. J. [1877], 26,42. 
 
 * This was added at the instance of the French-sjxjaking members of 
 the house. Hans. [1877], 95. 
 
 '" May, 204, 219; 121 E. Com. J., 9; 129 Ih,, 5. Can. Cora. J. [1879], 2; 
 Ih. [1883], 2. Mr. Anglin read prayers after his return from the Senate 
 Chamber in 1878, when he was re-elected speaker. 
 
260 oRDEn OF nrsTNESS. 
 
 to tho commniid of hor Majesty's rcpresontative.' In raso of 
 a vacancy in tlio ollicc of speaker during a session of Parlia- 
 ment, prayers ar«'! only read after th(; election of a new 
 speak«'r and before the house proceeds to the upper chamber.^ 
 
 XI. Order of Business. — It will now be found most conve- 
 nient to give some explanations of the manner in which the 
 business of the houses is transacted every day. The order 
 of daily business after prayer in the Senate is as follows, 
 under rule 12 : 
 
 Presentation of petitions, 
 
 Reading of petitions. 
 
 Presenting reports of committees (not included in rule.) 
 
 Notices of motions (this includes questions). 
 
 Motions (of which notice has been given). 
 
 Orders of the tlay. 
 
 Orders of the day for the third reading (rule 45), take 
 precedence of all others, except orders to which the Senate 
 may have previously given priority. The orders (rule 1?\ 
 which, at the adjournment, have not been proceeded with, 
 are considered as postponed until the next sitting day, to 
 take precedence of the orders of the day, unless otherwit-f^ 
 ordered. The orders are taken in their regular orde/ 
 though government orders, by consent, are generally 
 allowed the precedence. 
 
 Motions and orders are generally allowed to stand iii 
 the Senate when not taken up after being called. They are 
 rarely dropped in the absence, or without the consent, of 
 the member who has them in charge. 
 
 In the House of Commons, as soon as the speaker takes 
 the chair, he calls the house to order, and then standing 
 up, proceeds to read the authorized form of prayer,* all 
 
 1 May, 219; 137 E. Com. .)., 1 ; Can. Com. .1. [1882], 1. In 1880-1 it was 
 necessary to follow the precedent of 1878, on account of the early arrival 
 of the governor-general. 
 
 n27 E. Com. J., 23, 24 ; election of Mr. Speaker Brand. 
 
 ^ See appendix. 
 
ORDER OF liVSISESS, 251 
 
 the mr'mbm'K risinuc and r»'mainin^* with thoir hoads un- 
 covered, until the i)rayers are conrluded. Then the 
 speaker orders that the doors ])e opened, unh'ss it is pro- 
 posed to discuss some matter of privilege or of internal 
 economy with closed doors. The routine business is next 
 taken up in the order prescri])«'d by rule 10 : 
 
 Presenting petitions. 
 
 Reading and receivin<^ petitionH. 
 
 Presenting reports l»y ."standing and select committees. 
 
 Motions. 
 
 The same rule also arranges the order of business, after 
 daily routine, on the following days : 
 
 Monday. 
 
 Private bills. 
 
 Questions put by members. 
 
 Notices of motions. 
 
 Public bills and orders. 
 
 Government notices of motion. 
 
 Government orders. 
 
 Tuesday. 
 
 Government notices of motions. 
 Government orders. 
 Public bills and orders. 
 Questions put by members. 
 Other notices of motions. 
 Private bills. 
 
 Wednesday. 
 
 Questions put by members. 
 Notices of motions. 
 Public bills and orders. 
 
 {From half-past seven o'clock, jj.m.) 
 
 Private bills for the first hour. 
 Public bills and orders. 
 Government notices of motions. 
 Government orders. 
 
252 ORDER OF BUSINESS. 
 
 Thursday. 
 
 Questions put by mcri'bers. 
 Public bills and or(lei>. 
 Notices of motions. 
 Government notices of motions. 
 Government ordei's. 
 
 Friday. 
 
 Government notices of motions. 
 Government orders. 
 Public bills and orders. 
 Questions put by members. 
 Other notices of motions. 
 
 ( From half -past seven o'clock, p.m.) 
 
 Private bills for the first hour. 
 
 Each member of the Senate and House of Commons is 
 provided every day with a printed sheet, in which the 
 business of the day is arranged in accordance with the 
 rules and orders. In the Commons a special order paper 
 is provided ; in the Senate the business of the day is stated 
 at the end of the minutes of proceedings, 
 
 Xn. Calling of questions and orders.— Up to the session of 
 1876, when the rules were amended, questions and notices 
 of motion were constantly allowed to stand in case mem- 
 bers were absent or were not prepared at the moment to 
 proceed with them ; but great inconvenience and loss of 
 time resulted from so irregular a procedure,^ and the con- 
 sequence was the adoption of the following rule : 
 
 " Questions put l)y members, notices of motions, and orders 
 (other than government notices of motions and orders), not 
 taken up when called, shall be dropped. Dropped orders shall be 
 set down in tlie Order Book, after the orders of the day for the 
 next day on which the house shall sit." 
 
 ^ Can. Hans. [1875], 1088. 
 
AliliAXGEMEXT OF ORDERS. 253 
 
 This rule is now rigidly enloiccd. If a m«'mber is 
 absent when the speaker calls the question or notice of 
 motion which the former has put on the paper, it disap- 
 pears, and he must again give notict; if he wishes to pro- 
 ceed with the matter/ In case, however, of an order of 
 the day, it will go downi to the foot of the orders of the 
 next sitting day, in accordance with the foregoing rule. 
 
 Xin. Arrangement of Orders.— The orders of the day are 
 divided into " government orders " and " public bills and 
 orders." All government measures appear in the former ; 
 all motions and bills in the hands of private members 
 appear in the latter. The 24th rule regulates the order 
 in which such questions are to be taken up : 
 
 " All items standing on the orders of the day, shall be taken 
 up according to the precedence assigned to each on the Order 
 Book ; the right being reserved to the administration of placing 
 government orders at the head of the list, in the rotation in which 
 they are to be taken on the days on which government bills have 
 precedence."- 
 
 Publ bills and orders are always taken up in their 
 regular order ; but it has generally been the practice to 
 call government orders according to the convenience of 
 ministers. It is, of course, open to any member to object 
 and enforce the above rule."* 
 
 As soon as an order of the day has been called by the 
 speaker, and read by a clerk at the table, the memiber 
 having charge of the bill or question, will make the 
 motion he proposes in reference thereto ; and no other 
 
 ^ Can. Hans. [1876], 907. Ih. [1878], 393. It is usual, nowever, to per- 
 mit motions to remain on the paper, when the government desire it. 
 This understanding was arrived at by the committee who revised the 
 rules in 1876. Remarks of Sir J. A. Macdonald on Mr. Dowdney's motion, 
 Hans. [1878], 1878. Mr. Christie's motion in respect to the observance of 
 the Sabbath, February 24, 1879. Also, Can. Hans. [1879], 1762-3. 
 
 ^ This is identical with the English S.O., No. xlii. 
 
 => Can. Hans. [1875], 1088. lb. [1877], 842 ; Sir J. A. Macdonald. 
 
254 ORDER OF BUSINESS. 
 
 member has the right to interpose unless with his consent.' 
 When an order has been read, however, a petition may be 
 presented in connection with the subje(^t under consider- 
 ation ; but not after a motion in rehxtion thereto has been 
 proposed in due form." 
 
 The following are the standing orders of the Commons 
 with respect to the arranf,ement of bills on the order paper : 
 
 " 20. Ordei'H of the day for the third reading of bills shall take 
 precedence of all other orders for the same day except orders to 
 which the house has previously given priority." ^ 
 
 "21. Bills reported from committees of the whole house, with 
 amendments, shall be placed on the orders of the day, for con- 
 sideration by the house, next after third readings." 
 
 " 22. Bills rcpoi-ted after second reading from any standing or 
 select committee, shall be placed on the ordei-s of the day following 
 the reception of the report, for reference to a committee of the 
 whole house, in their proper order, next after bills reported from 
 committees of the whole house. And bills ordered by the house, 
 for reference to a committee of the whole house, shall be placed, 
 for such reference, on the orders of the day following the order 
 of reference, in their proper order, next after bills i-eported from 
 any standing or select committee." 
 
 "23. Amendments made by the Senate to bills originating in 
 this house, shall be placed on the ordej's of the day, next atter 
 bills reported on by standing or select committees." 
 
 If a bill on the order paper is take up and the debate 
 thereon adjourned, it does not go to ti^e foot of the list of 
 the next day, but keex:)s the proper i)lace to which it is 
 entitled under the rules just cited, with respect to the 
 precedence of bills at different stages.^ In this resj^ect 
 
 1 May, 285. 159 E. Hans. (3), 26. 
 
 M8o /?>., 1091-93. 
 
 3 Also, Sen. E., 45. 
 
 * Orders of the day, Mr. Charlton's Bill (No. 13), respecting adultery, 
 <&c., 20th and 21st March, 1883. The debate was adjourned on the ques- 
 tion for the consideration of the bill as amended ; and it was kept at the 
 head of the list, two bills for the third reading alone having precedence 
 under the 20th rule. Hans., p. 287. 
 
PRECEDENCE GIVEN TO ORDEllS. 255 
 
 bills occupy a more favourable position than ordinary 
 motions, which, when the debate is adjourned, go to the 
 foot of the order paper.^ 
 
 Sometimes towards the close of the session, bills reported 
 from select or standing committees are placed immediately 
 (by general consent only) on the order paper for considera- 
 tion in committee of the whole." 
 
 The houses frequently agree to give precedence to an 
 important question, and in that case a special order will be 
 made. For instance, the order for the second reading of 
 an insolvency bill on a particular day has been discharged, 
 and made the first order on a subsequent day." Sometimes 
 the house will give precedence to several orders at the same 
 time, when they refer to the one question.' Or it may 
 consent to suspend rule 19 in order to take up a question.' 
 Motions in the hands of private members are sometimes 
 taken out of their regular place and placed on the govern- 
 ment orders for consideration. This was done in 1873, 
 in the case of a motion for the adoption of a report rela- 
 tive to parliamentary printing.'' In 1879, a notice of 
 motion was given precedence on the order paper.' Public 
 bills and orders are also sometimes given precedence over 
 notices.^ It may sometimes happen that a public bill will 
 be considered of sufficient importance to cause it to be 
 
 ^ Orders of the day, Mr. Casey's motion resi)ectiiig a claim for gravel, 
 30th April and 1st May, 1883- Rule 27 regulates motions {bifm p. 257) 
 and gives jirecedence to certain etages of bills. 
 
 '' Can. Com. J. [1877], 188. 
 
 ^ Can. Com. J. (1877), 39 ; Ih.. 233. In the latter case a day set apart by 
 the rule, and generally devoted in its entirety to notices of motions, was 
 given up to the consideration of an important question. Also, Sen. J. 
 (1867-8), 179, 280. Ih. (1880), 85-6. A question respecting an election 
 l^etition has been given precedence as a matter of privilege. Com. Jour. 
 (1880-1), 164-5. 
 
 * Can. Com. J. (1874), 26 ; re Louis Riel, expelled. 
 
 ^ Ih. (1867-8), 247. 
 
 « Ih. (1873), 370. 
 
 ^ Mr. Fortin's motion respecting fisheries ; Can. Com. J. (1879), 337. 
 
 ^ Can. Com. J. (1879), 311-2, 337. 
 
256 OIWER OF BUSINESS. 
 
 placed on tho government orders, in the name of a minister. 
 This was done in the session of 1878, on the recommen- 
 dation of the committee on banking and commerce, in the 
 case of a bill, introduced by Mr. Blake, to make provision 
 for the winding np of insolvent incorporated fire or 
 marine insurance companies/ The same course was taken 
 with reference to two other equally important measures — 
 one to amend the act respecting the adulteration of food 
 and drugs ;" the other respecting crimes of violence.^ 
 Such motions, however, can only be made with the 
 general assent of the house.' As a rule, the public bills 
 and orders must be moved in their proper order, though 
 the house may sometimes consent tow^ards the close of the 
 session, when there is little prospect of going through all 
 the private business, to take a bill out of its order and 
 advance it a stage, but this is only done when there is no 
 intention to debate the bill.^ If it is wished to transfer a 
 uill from the public bills and orders, the regular course is 
 to give two days' notice of a motion to that effect." The rule 
 which requires a strict adherence to the order paper is 
 absolutely necessary to prevent surprises. So rigorously 
 is it enforced in the Imperial Parliament that even when 
 it has been admitted that a day has been named by 
 mistake, and no one has objected to the appointment of 
 an earlier day, the change has not been permitted.*^ It is 
 quite irregular, even if a member proposes to conclude 
 
 ' Can. Com. J. (187S), 148. 
 
 ' lb., IdS. 
 
 3 lb., 232. Also, Insolvency Bill, 1879. p. 271. 
 
 * See chapter xi., s, 3. 
 
 ^ Building Societies' Bill, April 24, 1878. 
 
 6 Railway Passenger Tickets Bill. Votes and P. (1882), 374 ; Jour., p. 
 334. In this case the government took charge of the bill. In an ordinary 
 case the motion goes on the list of private business, and towards the end 
 of a session a member may never reach it. 
 
 ' May, 281-2 ; 118 E. Com. J., 237 ; 172 E. Hans. (3), 246 ; Can. Com. J. 
 (1875), 177. 
 
ORDEnS XOT DISPOSED OF. 25 T 
 
 with a motiou, to introduce and attempt to debate a subject 
 which stands on the orders for another day.^ 
 Under a rule of the house : 
 
 " 26. All orders undisposed of at the adjournment of the house 
 shall be postponed until the next sitting day, without a motion 
 to that effect." 
 
 But if the house be adjourned before an order of the 
 day under consideration is disposed of, or a motion has 
 been made for the adjournment of the debate thereon, " it 
 is not treated as a dropped order, but being superseded 
 must be revived before it takes its place again on the order 
 book." " If a motion is not made for the second reading 
 or other stage of a bill, it does not go on the orders, and it 
 will be consequently necessary for the member in charge 
 to take the first opportunity he has for placing it on the 
 paper. The house will always give its consent to this 
 formal motion which is not unfrequently necessary in the 
 Senate, in the case of Commons' bills coming up in the 
 absence of the member who is to promote its passage.^ 
 
 If a member rises to propose a motion of which he has 
 given notice, and the speaker leaves the chair at six o'clock 
 before he has concluded his speech, and proposed his 
 motion, it will remain in the same place on the order paper.^ 
 But it is more usual when the member cannot conclude his 
 speech in time, to hand it to the speaker at once, so that 
 it may be formally proposed and entered on the public 
 bills and orders under the 27th rule. 
 
 " If at the hour of 6 j).m., on a Wednesday or Thursday', or at 
 
 ' 219 E. Hans. (3), 1002, 1053-4 ; 225 lb., 182-i. 
 
 - May, 284. 119 E. Com. J., 131, 250 ; 120 Ih., 225, 352 ; 121 lb., 78 ; 122 
 lb., 377, 404. 
 
 ■'' Sen. Hans. (1883), 179, 226 ; Jour-, pp. 134, 146. 
 
 * Reciprocity Treaty ; Order Paper, March 15, 1875. On May 13, 1874, 
 Mr. Bowell rose to move a motion respecting dismissals from office, but 
 before he had coi^cluded and handed his motion to the speaker six 
 o'clock was announced. The motion remained in the same place. Pari.. 
 I)eb., 97, 105. 
 
 11 
 
258 ORDER OF BUSINESS. 
 
 the time of the adjournment of the house, a motion on the notice 
 paper 1)0 under consideration, that question MJiall stand first on 
 the order of the following day next after orders to which a special 
 precedence has been assigned by rule or order of the house." ^ 
 
 Towards the close of the session, with the view of 
 advaucing the most important business, the government 
 usually appropriate to themselves one or more of the days 
 devoted to notices of motions, public bills and orders, and 
 other matters in the hands of private members. They 
 must, however, give formal notice, and obtain the consent 
 of the house to a motion, the effect of which is to suspend 
 the nineteenth rule, cited on a previous page." 
 
 'Can. Com. J. (1S7(>); Financial Depression Committeo, (55, 66. Soo 
 Orders of the Day, Chinese question, 2Uth and 30th March, 18S3. jVIonday 
 (a notice of motion day) is not included in this standing order. When on 
 that day a motion has been under consideration, it has been the practice 
 to move an adjournment of the debate })revious to the adjournment of the 
 house. Can. Com. J. (1871), 51 ; lb. (1872), 135. 
 
 ^ Can. Com. J. (1877), 111, 227, 258 ; lb. (1878), 59, 118, 186, 226, 202 ; Jh. 
 (1879), 156, 252, 380, 413 ; lb. (1883), 387. See Sen. J. [1882] 318 for an 
 instance of " urgency " being given to government measures in the Senate. 
 
CHAPTER VIII. 
 
 PETITIONS. 
 
 I. Prosentation and reception. — II. Form. — III. Irre<.Milaritios. — IV. Peti- 
 tions for ixjcuniary aid. — V. For taxes or duties. — VI. Urgency in 
 certain cases. — VIT. Printing. — VIII. Reflections on House or mem- 
 bers. — IX. Petitions to Imperial authorities. 
 
 I. Presentation and Reception.— The ordinary daily business 
 iu the two houses commences with the presentation and 
 reading of petitions/ of which a great number on various 
 questions of public policy or individual concern are pre- 
 sented in the course of every session. The subjects em- 
 braced in these petitions are of very varied interest. 
 "Whenever there is a great question agitating the public 
 mind, the table of the House of Commons especially is 
 immediately covered w4th petitions on that subject," No 
 doubt the privilege is often abused and unsc;rupulous or 
 energetic agents labour to deceive Parliament ; but not- 
 withstanding such abuses of a highly prized privilege, 
 Parliament affords every opportunity to individuals to 
 bring before it in this wcy their opinions and grievances, 
 and is often able to obtain from such expressions valuable 
 information which enables it to remedy personal wrongs, 
 or mature useful legislation on some great question of 
 general import. 
 
 ' Supra p. 251. Sen. R., 12 ; Com. R., 19. 
 
 ■^ See index to Sen. and Com. J. for 1874, Prohibitory Liquor Law ; and 
 Protection to Native Manufactures in 187(3. Also, Can. Hans. (1877), 1128, 
 .showing number of petitioners from each province in favour of prohibi- 
 tion ; a total of 500,000 names in 1874. 
 
260 rETiTioss. 
 
 The ruloK in the two lious('s with rcspoct to jiclitioiis 
 are virtuallv the same, and wlionever there is a difrcrcnce 
 in practice it will bi^ point«^d out in the course of the fol- 
 lowing remarks on the Commons' procedures which is 
 strictly carried out. 
 
 Koutine business in the Senate and Commons com- 
 mences with the presentation of petitions.' AVhen the 
 speaker has called the house to order, after the doors have 
 been opened, he will proceed to ask for the presentation 
 of petitions. Then the members who have any such to 
 present will rise, and after briefly stating the purport of 
 the document in accordance with the rule, they will send 
 it to the table, where it is taken charge of by one of the 
 clerks. Every member should be careful to endorse his 
 name on the back, as confusion sometimes arises when 
 many petitions are presented at the same sitting. The 
 rules of the House of Commons are as follows : 
 
 "84. Petitions to the house shall be presented by a member in 
 his place, who shall be answerable that they do not contain im- 
 pertinent or improper matter."^ 
 
 " 85. Every member oftcring to present a petition to the house 
 shall endorse his name thereupon, and confine himself to a state- 
 ment of the parties from whom it comes, the number of signa- 
 tures attached to it, and the material allegations it contains. 
 Petitions may be either written or printed ; pi-ovided alwa3-s 
 that the signattires of at least three petitioners are subscribed on 
 the sheet containing the prayer of the petition." 
 
 " 86. Evejy petition not containing matter in bi-each of the 
 privileges of the house, ana which, according to the rules' or 
 practice of this house, can be received, is brought to the table l)y 
 direction of the speaker, who cannot allow any debate, or any 
 member to speak upon, or in relation to, such petition ; but it 
 may be read by the clerk, at the table, if required ; or if it com- 
 plain of some present personal grievance, requiring an immediate 
 
 ^Sen. R., 12; Com., 19. 
 2 228 E. Hans. (3), 1320 : 229 lb., 580. 
 
 => These are substantially the S. 0. adopted in 1842 in the English Com- 
 mons ; May, 618. 
 
rUESESTATIOS AND RECEPTION. 
 
 2G1 
 
 remedy, the matter contained therein may be broutjht into imme- 
 diate discussion. 
 
 A senator, in presenting a petition, may briefly explain 
 its g(»neral purport, but other members may not proeeed 
 to discuss its contents. ' The practice of the House of 
 Lords app(^ars different. A member may not only make 
 a long speech on the presentation, but a debate may 
 follow on the subject-matter." 
 
 In the House of Commons every petition is deposited in 
 the journal's ofiice, in charge of an officer, whose duty it 
 is to see that it is properly endorsed and in accordance 
 with the rules of the house.' It is brought to the 
 table to be read and received two days after the pre- 
 sentation. A list is made up of the petitions that have 
 to be received every day, and given to the speaker, with a 
 memorandum of any infringem«^nt of the ruler? govern- 
 ing the reception of such doc'uments. The clerk assistant 
 reads the brief endorsation and the speaker puts the ques- 
 tion — " Is it the pleasure of the house to receive these 
 petitions " — w^hen the reading of the list is completed. In 
 case of any irregularity, he will state it to the house, and 
 rule that the petition cannot be received.' It is the duty 
 of every member presenting a petition to make himself, in 
 the first instance, acquainted with its terms, and see that 
 it is, in its language and expressions, consistent with the 
 rules and orders of the house.^ 
 
 ' Sen. Deb. (1876), 93, 96. Ih. (18S0), 293. 
 
 2 140 E. Hans. (3), 70()-15 ; 808-14. In the Enprlish Commons all debate 
 on the presentation of petitions was first forbidden in 1839 ; May's Const. 
 Hist., II., 69 ; 94 E. Com. J., 16 ; 45 E. Hans. (3), 156, 197. The Lords did 
 not, however^ change their practice. 
 
 ^ In the Enghsh Commons all petitions " after they shall have been 
 ordered to lie on the table, are referred to the rommittee on public peti- 
 xions, withovit any question being put." S. O. 79 ; May, 618, 620 ; 132 E. 
 Com. J., 41, t^cc. 
 
 *Can. Com. J. (1877), 27; Ih. (1879), 21, 32, &c. See "petitions" in 
 index to journals. 
 
 ^ 228 E. Hans. (3), 1320. 
 
2G2 PET moss. 
 
 In case of opposition to the reception of a petition, a 
 debute may take place as soon as the speaker has formally 
 proi~)ose(l the motion that it be rectdved. In such a (;ase 
 it is usual for the m«;mber who has charge of the petition 
 to move its reception.' This procedun? has its inconve- 
 niences since members may be ignorant of the nature of 
 the petition, until the motion is made for its reception ; 
 and it has, therefore, been found advisable under special 
 circumstances to adjourn the debate on the question until 
 a future day." Petitions which have bc^en duly read and 
 received frequently form the basis for a reference of a 
 question to a committee. In such cases, notice is given 
 of a motion on the question.* 
 
 If a member has a notice of motion on the paper with 
 respect to a petition he cannot move in the matter until 
 the notice is reached in due order.^ Nor on a motion for 
 the adjournment of the house can he debate a petition 
 which he would be restrained from discussing by the 
 rules of the house.'' If he wishes to present a petition 
 signed by himself, he must give it to another member to 
 bring up." The speaker of the Commons cannot present a 
 petition, but must avail himself of the services of a mem- 
 ber on the floor.^ But it is quite competent for the 
 speaker of the Senate to do so, since he may speak in the 
 debates.'* 
 
 1 Can. Com. J. (1867-8), 339-40. 
 
 2 Ih. (1880-81), 89. 
 
 3 V. and P. (1882), 216, 442 ; Jour., pp. 354-5. 
 * Can. Com. J. (1875), 177. 
 
 ^ 59 E. Hans. (3), 476. Cushing, p. 462. This rule is always enforced, 
 though no decisions appear in the Canadian journals. The clerk com- 
 municates Mith the member and has the error rectified. 
 
 6 109 E. Hans. (3), 233. 
 
 ^ Mr. Speaker Addington pointed out that if this were permitted the 
 speaker would be compelled to make motions and take such part in the 
 proceedings as would not be competent for him in other cases. 32 Pari. 
 Eeg. 2 ; Cushing, p, 462. Mr. Speaker Blanchet, Can. Hans. (1879), 1453-4. 
 
 « Sen. J. (1880-81), 95. 
 
FOIiM OF VETiriOSS. 203 
 
 n. Form.— Every petition to the two houses should com- 
 meuce with the superscription: 
 
 To th«^ Honourable the (Senate or House of Commons) 
 in rarliament assembled : 
 
 Then should follow the formula. " Tlie petition of the 
 
 undersiii-ned hum})ly sheweth." The petitioner or 
 
 petitioners will next proceed to state the subject-matter 
 of the petition, in the third person throuiihout, and <'om- 
 mencino: each paragraph with the word " that." The con- 
 clusion should ))e tht^ " prayer " — without which no peti- 
 tion is in order. This prayer should tersely and clearly 
 express the particular object which the petitioner has in 
 A'iew in coming before Parliament. And th(^ petition 
 shou.ld then close with the formal words : " And your pe- 
 titioners as in duty bound will ever pray." The signa- 
 tures of the parties interested should be written on the 
 sheet containing the prayer. 
 
 in. Irregularities.— A large number of petitions are not 
 received every session on various grounds of irregularity. 
 The house will refuse to receive a memorial containing no 
 prayer.' Every petition should have the signatures of 
 "at least three petitioners on the sheet containing the 
 prayer."" But this rule is never interpreted as precluding 
 a single petitioner from approaching the house ; it simply 
 
 1 Can. Com. J. (187G), 180. Can. Hans. (1879), 1453-4. But a docu- 
 ment, although termed a memorial, if it is substantially a petition pro- 
 Ijerly worded and concludes with a prayer, may bo received as a jxitition 
 according as the house may think pro|^r. 240 E. Hans. (3), 1081-2 ; 
 Blackmore's Sp. D. (1882), 158. 
 
 '' Can. Com. J. (1873), 131, 243, &c. ; Ih. (1877), 70, 88, &c. The reason 
 of this rule may be understood by reference to a statement of Lord Claren- 
 don (Hist, of Rebellion, II., 357) that, in 1040, " when a multitude of 
 hands was procured, the petition itself was cut off, and a new one framed 
 suitable to the design in hand, and annexed to the long list of names 
 Avhich were subscribed to the former. By this means many men found 
 their hands subscribed to petitions of which before they had never 
 heard." 
 
264 PETITIOXS. 
 
 refers to petitious signed by a number of individuals. 
 Petitions from one person are constantly received in ac- 
 cordance with the English rules which are more definite 
 on this point.' The Senate rule is quite explicit : 
 
 3G. " Every petition is to be fairly written or pi-'ntcd, and 
 signed on the nheet containing the prayer of the petition; and if 
 there be more than three petitioners the additional signatures 
 may be affixed to the sheets attached to the petition," 
 
 A petition may be written in French or English.- It 
 may be printed,* but it must be free from erasures or 
 interlineations,' and the signatures must be written,'' not 
 printed, pasted upon, or otherwise transferred." It must 
 not have appendices attached thereto, whether in the shape 
 of letters, affidavits, certificates, statistical statements, or 
 documents of any character." A member may, however, 
 receive permission from the house to withdraw the appen- 
 dix, when it is desirable that the petition, especially if it 
 be one for a private bill, should be received with as little 
 •delay as possible.'^ But in case the appendix is objected 
 1:0, the member has no alternative except to present a new 
 petition.' 
 
 A petition forwarded by telegraph cannot be received 
 inasmuch as " it has no real signatures attached to it." "' 
 Petitions of corporations aggregate must be under their 
 common seal ; and if the chairman of a public meeting 
 
 ^ 100 E. Com. J., 335 ; 109 //)., 293 ; ()6 E. Hans. (3), 1032 ; Can. Com. .T. 
 <187G), 294 ; lb. (1877), 20, 61 ; May, 618. 
 
 ^ Petition from Jndize Loranger, and others relative to weights and 
 measures in 1877, &c. 
 
 ' Prohibitory Liquor Law, 1875 ; "Welland Canal, 1877, <kc. Sen. R., 36. 
 
 * 82 E. Com. J., 262 ; S6 lb., 748. 
 
 ^ Chenal Ecarte Petitions, IMarch 1, 1877, all printed. 
 
 « 104 E. Com. J., 283 ; 105 lb., 79. 
 
 T Can. Com. J. (1876), 212 ; lb. (1877), 113. 81 E. ■ -n. J., 41, 82 ; 111 
 lb., 102. 14 Pari. Deb., N.S., 569. Sen. Hans. (1880), 294 (Mr. Penny). 
 
 8 Can. Com. J. (1879), 18. 
 
 3 27 E. Hans. (1), 395 ; 38 lb., 662. Can. Com. J. (1876), .. .-, 213. 
 
 1" Can. Sp. D., 192. Can. Com. J. (1872), 80. 
 
iRRKa [ 'LA R PErrrroxs. 265 
 
 sign a petition in behalf of those so assemWed, it is only 
 received " as the petition of the individual, and is so entered 
 in the minutes, because the signature of one party for others 
 cannot be recognized.'" Aliens, not resident in this coun- 
 try, have no right to petition Parliament.- In the case of 
 applications for private bills, however, this rule is not 
 rigidly enforced. It was agreed in 187<S, at the suggestion 
 of Mr. Speak(»r Anglin, to n^ceive a petition from the 
 Hartford directors of the Connecticut Mutual Insurance 
 ■Company on the ground that it was a mutual company, 
 partly composed of Canadians, and that it was the subject 
 of parliamentary legislation, the company bi'ing required 
 to make a certain deposit before doing business in the 
 country.' In 1883 a petition from certain persons in the 
 city of Portland in the state of ]Maine, asking for an act of 
 incorporation, was received on the ground that the subject- 
 matter came within the jurisdiction of the house, as in 
 the case already cited.' The reception of such petitions 
 may be ( onsidered an act of grace.' 
 
 All petitions should be respectfully and temperately 
 worded. The house will refuse to receive them if they 
 contain any reflections on the cpieen or her representative 
 in Canada,'' or on the action of parliament," or on any of its 
 €ommittees,^ or on the courts of justice,'* or atiect " the 
 
 » Sen. R., 37-38. May, 610; 10 E. Com. .T., 2S5. 
 
 - Can. Com. J. (1S77), 41 ; Ih. (1880), Kw. See Enclish report on 
 Bonlogno-sur-mer petition in 1S7(), Pari. I'. 232. But aliens resident in 
 Great Britain and her dependencies have the right to petition. ^Ir. Sp. 
 Brand, 228 E. Hans. (3), 1411-117; BUu-kmore's Sp. D. (1882). 158. 
 
 * Can. Hans. (1878), 950. See also {xjtition from American Association 
 of Breeders of Short Horns, F(^b. 18, 1878, 
 
 * Can. Hans. (1883), 138. The necessity of otferint: every invluceraent 
 to capital was referred to in the debate by the premier as a reason for 
 allowing the reception of such petitions. 
 
 ^ Mr. Sp. Brand. Friday, April 7, 1870, Eng. Hans. 
 
 « 122 E. Hans. (3), 8»)3.' 
 
 ^ 84 E. Com. .T., 273. 
 
 8 129 lb., 209. 
 
 » 7G lb., 105 ; 129 lb., 27o. 
 
266 TETITIOXS. 
 
 leg-jil and social position of individuals." ^ A document 
 distinctly headed as a " remonstrance," even though it 
 conclude with a prayer, cannot be received." Neither can 
 any papier in the shape of a declaration be presented as a 
 petition.' Any forgery or fraud in the preparation of 
 petitions w'^ill be considered a serious breach of privilege 
 and severely punished.' 
 
 IV. Petitions for pecuniary aid.— In the ..xst session of the 
 Parliament of Canada the House of Commons initiated the 
 practice of refusing to receive any petition for a grant of 
 money out of the public revenues unless it has been first 
 recommended by the Crown."^ This practice is in con- 
 formity with the following standing order of the English 
 House of Commons : 
 
 " That this house will receive do petition for any sum relating 
 to public service, or proceed upon any motion for a grant or 
 charge upon the public revenue, whether payable out of the 
 consolidated fund or out of moneys to be provided by Parliament, 
 unless recommended from the crown." *• 
 
 Since then a large number of petitions have been re- 
 jected every session, when they have asked for remunera- 
 tion for services performed;'' for arrears of salaries and 
 pensions f for aid to construct or repair public works f 
 
 1 129 E. Com. J., 276. 
 
 ^ May, {)09 ; 70 E. Hans. (3), 745. But when headed as a petition and 
 concluding with a prayer, j^etitions have been received. (55 E. Hans. 1225. 
 
 3 Can. Hans. (1879), 1453-4; 60 E. Hans. (3), 640. 
 
 * May, p. 611, gives numerous casj^. 106 E. Com. J., 193, 289 ; 120 lb., 
 157, 336 ; Res. of 2nd June, 1 774. 
 
 s Can. Com. J. [1S67-S], 297. 245 E. Hans. (3), 1724. 
 
 6 20th March, 1866. E. Com. J., 1874, British Museum ; 136 1 6., 99. The 
 Enghsh rule applies to petitions "distinctly praying for compensation, or 
 indemnity for losses, out of tlie [mblic revenues." May, 613 ; 90 E. Com. J., 
 487; 104}/>., 223. 
 
 ■ Can. Com. J. (1871), 65, 2?9; Ih. (1883), 57. 
 
 « lb. (1870), 67, 110; lb. (1871), 18 ; lb. (1878), 70. 
 
 "76. (1870), 40, 56, 191, 233; lb. (1871), 44, 135, &c. lb. (1877), 79. 
 92, &c. 
 
PETITIONS FOR AID. 267 
 
 for subsidies to koep them in an efficient condition ;' for 
 any remission of moneys due to the Dominion ;- for com- 
 pensation for losses incurred from public works ;' for 
 subsidies to steamers owned by private individuals or 
 companies;^ for grants of public lands to aid certain 
 works ;^ for compensation on account of losses alleged to 
 have been sustained through the operation of an act of 
 Parliament/' 
 
 But whilst petitions that directly ask for any public aid 
 or for any measures directly involving an appropriation of 
 public money, are now never received, the house does not 
 reject those which ask simply for legislation, or for " such 
 measures as the house may think it expedient to 
 take " with respect to public works. In the session of 
 1869, Mr. Speaker Cockburn decided that petitions of such 
 a character ought to be received, as they did not come 
 within the express language of the English rule just 
 quoted. On this occasion the speaker suggested that " if 
 it were the pleasure of the house to exclude petitions of 
 that class in future, the proper way would be to adopt a 
 substantive rule which would clearly shut out such peti- 
 tions."'^ But no such rule has ever been adopted, and it 
 is now the invariable practice to receive petitions which 
 are expressed in general terms and do not directly ask for 
 pecuniary aid for public works.^ Such petitions are re- 
 
 1 Can. Com. J. (1870), 167. 
 
 2 J6. (1871), 159. 
 ^ Ih. (1873), 66. 
 
 * Jfc. (1878), 56. 
 s J6. (1882), 75. 
 
 * Can. Com. J. (1883), 47 ; Canada Temperance Act. 
 
 ^ Can. Com. J. (1869), 22-3, He made these remarks on a petition 
 " humbly praying the house to take such measures as will cause the 
 obstructions to the navigation of the Ottawa River to be removed, etc." 
 
 *^ Can. Com. J. [1877], 100, &c., Welland Canal ; St. Peter's Canal.. Ih. 
 [1877], 27, 147, ex-serjeants of Volunteers; first petition not received ; 
 second received, as it asked the house simply to take the facts into its 
 favourable consideration. 
 
2G8 PETITIONS. 
 
 ceivod on tho same principle which allows the moving of 
 resolutions expressive of the abstract opinions of the house 
 on matters of expenditure/ 
 
 No petition asking directly for an appropriation from 
 the publi(; treasury can be properly received in the Senate. 
 There is no rule or usage of the Lords or Senate, however, 
 to prevent th(4:)resentation anddis(;ussion of a petition for 
 pecuniary aid or redress, i)rovided it be framed in general 
 terms and does not ask for a specific sum of money." 
 
 V. Petitions for Taxes or Duties.— Up to the middle of the 
 session of 18t6, it was not the practice to receive petitions 
 praying for the imposition of duties, on the principle 
 which prevents private members from initiating and 
 carrying out measures for taxation.^ On more mature 
 consideration, however, it was seen that this practice 
 tended to prevent an unequivocal expression of public 
 opinion on questions of taxation, especially as there was 
 no express rule against the reception of such petitions. 
 Consequently it is now the invariable practice to receive 
 petitions asking for the imposition of customs and excise 
 •duties.^ It has also been decided that when a number of 
 persons ask for a bounty to aparticular industry on public 
 grounds, it is regular to receive their petition. The 
 objection to the reception of petitions for a bounty pro- 
 
 ^ Hatsell [III., 241], says the prayer should be general, and not prosi^ribe 
 the quantum of aid. 
 
 2 See remarks of Mr. Speaker Christie, Jour. [1874], 93-4 ; Doli. (1S74), 
 134-8; I. Todd's Pari. Gov., 433 ; 173 E. Hans. (3), 1022; 174 /"?>., 0(L\ The 
 petitions should conclude simply with asking tho house to take tlu'. matter 
 into its favourable consideration, or vith some such general prayer. Sen. 
 J. (1879), 108 (York Pioneers) ; / h. , ls2^), (53. 
 
 ^ Can. Com. J. (1873), 146 ; Ih. (1875), 205, 241, 260, &c. ; Ih. (lS7'i), 58, 
 76, 80, &c. 
 
 * This decision was arrived at in 1876, when the rules were revised, but 
 no record was made on the journals. Mr. Speaker i^nglin stated it to the 
 house on the pi-esentation of a petition asking for the levying of certain 
 duties. Can. Com. .T. (1870) 107, 130, &c., Ih. (1877) 37, 54, 58, e^c. ; Ih. 
 <1878; 150 ; Ih. (1879) 57, 65, 140, &c. 
 
CAsr':s OF uRGJJXcv. 269 
 
 perly applies only to cases where au individual or indivi- 
 duals personally interested, ask for such a bounty as will 
 be profitable and confined to themselves.' It is also usual 
 to receive petitions from individuals for an exemption of 
 a tax or duly on public grounds;- but ix'titions from 
 parties immediately interested in a remission of duties or 
 other charges payable by any company or person, will be 
 ruled out.'* Neither will the house receive a petition, 
 praying for the compounding or releasing any debt due 
 to the Crown ;' but petitions may be considered when 
 they pray for provision for compensation for losses contin- 
 gent on proposed legislation." Petitions against measures 
 for the imposition of any tax or duty for the current service 
 of the year, are always in order.*^ 
 
 VI. Urgency.— A member presenting a petition, has no right 
 himself to read it at length, but he may have it done by a 
 clerk at the table." Petitions may be at once read and 
 received by common consent, chiefly in order to refer 
 them to a committee ; if a member objects, it cannot be 
 done,** In case of urgency, however, a petition may be 
 immediately considered,^ but the grievance must be such 
 
 ^ Mr. Speaker Angliii on Coal Bounty, Can. Com. J. (1877) 27, 37. Such 
 a petition, lie showed, stood precisely in the same position as one asking 
 for the imposition of taxes for general purposes. 
 
 2 Can Com. J. (1876) 70 ; lb. (1879) 300, Paper Machine. 
 
 3 Can. Com. J. (1875) 260; 92 E. Com. J. 372; 223 E. Hans. (3) 879. 
 
 * 81 E. Com. J. 66 ; 83 J 6. 212. 
 
 5 May, 613 ; 92 E. Com. J. 469. 
 
 « Eng. S. 0. 80 ; 97 E. Com. J. 191. 
 
 ' Rule 86, tSuj^ra p. 260. No motion is necessary, and no mention of the 
 fact is made in the journals. 
 
 ''Sp. Dec. 25; Can: Com. J. (1875) 152; Hans. 450-1. lb. (1876) 171, 
 204. In one case, the i>etition was received and printed forthwith, because 
 it referred to the bill respecting marriage wdth a sister of a deceased wife, 
 then under discussion ; lb. (1880) 130. 
 
 » Rule 86. Also Eng. S. 0. 78. 
 
270 PETITIONS. 
 
 as to require a speedy and urgeut remedy.' Petitious 
 affecting the privileges of the house will at once be taken 
 into (consideration in accordance with parliamentary usage 
 in all cases of privilege." 
 
 Vn. Printing.— Petitions are often ordered to be printed 
 for the information of members by the committee on print- 
 ing.^ It is frequently found convenient to print them in 
 the votes and proceedings — a motion to that effect being 
 dul jT- made and agreed to.* Petitions of a previous session 
 have also been so printed.' 
 
 VIII. Reflections on House or Members.— If it shall be found 
 on inquiry that the house has inadvertently received a 
 petition which contains unbecoming and unparliamen- 
 tary language, the order for its reception will be read and 
 discharged.'' In the Lords, when a petition has been pre- 
 sented and afterwards found to be out of order, on account 
 of a reflection on the debates of the house, or on one of its 
 members, the Lords, on being informed of the fact, have 
 " vacated " the proceeding, and the member has been given 
 leave to withdraw the petition." It has also been ruled in 
 the English House of Commons that it is competent for a 
 member to move, without notice, that the order for a peti- 
 tion to lie on the table be discharged, if an irregularity 
 has been committed with respect to such petition.'^ If a 
 petition contain a prayer which may be construed into a 
 reflection on the action of the house, a member will be 
 justified in declining to present it.^ 
 
 ' 139 E. Hans. (3) 453-5. Any previous notice will preclude its being a 
 once considered ; 75 E. Hans. (3) 894, 1264. 
 
 '' Infra, p.; 1(54 E. Hans. (3) 1178 ; 114 E. Com. T. 357. 
 
 '^ Can. Com. J. (1867-8), 400 ; Ih. (1880) 130 ; Ih. (1882) 192, 261. 
 
 * V. and P., March 19, 1875 ; Can. Com. J. (1877), 25. 
 
 5 Ih. (1877) 25 ; 112 E. Com. J. 155. 
 
 « 131 E. Com. J., 200. 
 
 ^ 220 E. Hans. (3), 600. 
 
 » 228 76. 1395-1400 ; Blackmore's Sp. D. [1882], 155-6. 
 
 » 262 E. Hans. 859-60. 
 
PETITIOXS TO THE IMPERIAL GOVEIiXMEXT. 271 
 
 IX. Petitions to Imperial Authorities.— As a g«meral rule the 
 Parliament of England receives petitions from British 
 subjects in all parts of the world.' In the times previous 
 to the introduction of responsible government into Canada, 
 the right of petitioning the House of Commons was very 
 frequently exercised by the people of the several provinces 
 in order to obtain remedies for certain grievances ; but 
 there are iiow in these days of self-government very few 
 occasions when it is necessary to make such appeals to 
 the Imperial Parliament. It may also sometime be 
 thought expedient to petition the sovereign, and in such 
 a case the constitutional procedure is to forward th(* peti- 
 tion through the governor-general. The rules of the colo- 
 nial service require that persons in a colony, whether 
 public functionaries or private individuals, who have any 
 representations of a public or private nature to make to 
 the British government " should address them to the gov- 
 ernor w^hose duty it is to receive and act upon such repre- 
 sentations as public expediency or justice to the individ- 
 ual may appear to require, with the assistance in certain 
 cases of his executive council ; and if he doubts what steps 
 to take thereupon, or if public advantage may appear to 
 require it, to consult or report to the secretary of state." 
 Every individual has, however, the right to address the 
 secretary of state, if he thinks proper. But in this case " he 
 must transmit such communication, unsealed and in tri- 
 plicate, to the governor or administrator, applying to him 
 to forward it in due course to the secretary of state." 
 Every letter, memorial or other document, " which may be 
 received by the secretary of state from a colony otherwise 
 than through the governc ', will, unless a very pressing- 
 urgency justifies a departure from the rule, be refeiTed 
 back to the governor for his report." This rule " is based 
 on the strongest grounds of the public convenience, in 
 order that all communications may be duly verified, as 
 
 1 Mr. Sp. Brand, April 7, 1876. Blackmore's Sp. D. [1882], 158. 
 
212 I'ETITIOSS. 
 
 well as rcportod upon, before they reach the seerotary of 
 state." IVtitions addressed to the queen, or the queen in 
 council, memorials to public oHic<»rs or boards in her Ma- 
 jesty's governm«int, " must in like manner be sent to the 
 governor-general for transmission home/" In 1878 a laro-e 
 body of Koman Catholics in Ontario, petitioned the queen 
 with respect to a provincial act giving special privileo-(>s 
 to the Orange society in the province of New Brunswick. 
 This petition was forwarded through Mr. Isaac Butt, M.P. 
 to the secretary of state for the colonies, who replied that 
 in accordance with the rules just cited, all such communi- 
 cations should be transmitted to the colonial office throuo-h 
 the governor of the colony whence they proceed. Accord- 
 ingly the petition was duly sent back to the governor- 
 general of Canada, for the information of the dominion 
 and provincial authorities. - 
 
 1 Col. Off. Reg., 217, 218, 219, 220, 221, 222, 223. See C. 0. List for 1883, 
 p. 268. 
 
 -' E. Com. P., 1878, No. 389 ; Todd's P. G. in the Colonies, pp. 356-7. 
 
CHAPTER IX. 
 
 ORDERS AND ADDRESSES FOR ACCOUNTS AXD PAPERS. 
 
 I. Presentation of papers. — II. Their character. — III. Form of motions. — 
 IV. Distinction between addresses and orders. — V, Returns in answer. — 
 VI. Carefuhies.'-' in preparation. — VII. Motions for pai)ers refused. — 
 VIII. Printing of documents. — IX. Joint committee on printing. 
 
 I. Presentation of Papers.— By reference to the index to the 
 journals of the Canadian as well as English House of 
 Commons, it will be seen that there are several pages ex- 
 clusively devoted to entries under the general head of 
 " accounts and papers." Here will be found an alphabet- 
 ical list of all the accounts, papers, and documents rela- 
 ting to the public service that may be ordered or laid be- 
 fore the house in the course of a session. By rule 19, parts 
 of Monday, Wednesday and Thursday are devoted to the 
 consideration of notices of motions, which comprise mo- 
 tions for such papers and returns as members require for 
 their information on public matters. The number of pub- 
 lic documents, asked for and ordered every session, vary 
 from three to four hundred — the number having been 
 steadily on the increase since 1867-8.^ 
 
 The documents laid annually before Parliament are pre- 
 sented either by message or by command of his Excellency 
 the Grovernor-Greneral, or in answer to an address or order 
 
 ^ The number asked for in 1877 was 293, and in 1882 it reached 411 — a 
 number very considerably in excess of that of previous years. The 
 figures by no means represent the actual number asked for ; at the end 
 of the session of 1879 some 40 motions still remained to be proposed, and 
 the same is the case every year. 
 
 18 
 
274 OnDlUlS AXD ADDRESSES. 
 
 of tho houso, or in pnrsuanoo of an iict of Parliiimont. By 
 rule 100 " it i,s the duty of th(? <lork to cause to be printed 
 and delivered to every member, at the commencement of 
 every session of rarliament, a list of the reports or other 
 i:)eriodical statements which it is the duty of any officer 
 or departmcMit of the 2'overnment, or any bank or other 
 corporati* ])ody to make to tin house, referring* to the act 
 or resolution and page of the volume of the laws or jour- 
 nals wherein the same may be ordered, and placing under 
 the name of each ollicer or corporation a list of reports or 
 returns required of him, or it, to be made, and the time 
 when tlic report or periodical statement may be expected." 
 
 II. Character of Papers.— The returns laid on the tables ol' 
 the houses every session by command of his Excellency, 
 comprise the rei^orts of the ministers of the several depart- 
 ments of the government, public works, militia, post- 
 olfice, marine and fisheries, etc., which are printed in thi^ 
 two languages in the shape of " blue books." Among the 
 papers required by law are : lists of stockholders of banks, 
 general statements and returns of baptisms, marriages and 
 burials in Quebec, reports of judges relative to the trial of 
 controverted elections, and various other matters regulated 
 by statute.' The reports of the several departments of the 
 government are laid annually before Parliament in ac- 
 cordance with the statutes organizing such departments. - 
 
 Certain papers are also i^eriodically laid before Parlia- 
 ment by message from his Excellency the governor-gene- 
 ral. The estimates of the sums required for the service of 
 the dominion must always be brought down in this way, 
 in accordance with constitutional usage.'* Despatches from 
 
 ^ See index to journals of Commons (accounts and papers), where an 
 entry is made of the authority under which e\'ery return is laid before 
 Parliament. 
 
 ^ See mpra pp. 54-6, where different statutes, organizing departments?, 
 are cited. 
 
 '•^ See chap, on Supply. 
 
CITA TiA CTF.n OF PA PFRS. -JTo 
 
 the secretary of state tor the ('oh)iiies are always s«Mit down 
 by the governor-g'eneral,' and so are all papers relative to 
 royal commissions and other matters atfeetini;^ imperial in- 
 terests or th(! royal j^rerog'ative.- No documents can he re- 
 gularly laid before the house unless in i>ursuan(M! of some 
 parliam«Mitary authority. In the session of ISTO, the 
 speaker called the attention of the house to the fact that 
 he had received a communication from the Reciprocity 
 and Free Trade Association of England, with respect to 
 the Canadian tariff, then the su])ject of discussion in Par- 
 liament. He decided that individuals outside of the house 
 could only approach it properly by petition, and that the do- 
 cument iu question was a mere dei^laration, and could not 
 be presented by a mem])er. He took this occasion of stating 
 that no documents can b(^ regularly laid before Parliamenl . 
 unless by message from the governor-general, or in 
 answ^er to an order or address, or iu pursuan«;e of a statute 
 requiring their production.' Every session papers are re- 
 ceived by the speaker from municipal councils, foreign 
 associations, and individuals, with respect to public mat- 
 ters, but their receipt is simply acknowledged by officers 
 of the house, since there is no authority to lay them be- 
 fore Parliament. If it were i)ermitted to lay suci docu- 
 ments indiscriminately on the table, much confusion and 
 inconvenience would naturally follow, and the rules and 
 usages that have long properly governed the production 
 of public papers would be eA'aded. 
 
 III. Form of Motions.— Returns and papers are moved for 
 in the form either of an address to the governor-general, 
 
 1 X. A. Boundary Com., 1S77 ; Irish lloliof Grant, 1880. 
 
 -' Northern R.K. Com., 1S77. 
 
 ^ Can. Hans. (1879), 145:5. In 1879, a communication from the senate 
 of the legislature of the state of Michigan on the suhject of proposed legis- 
 lation was laid on the table of the upi^er house of the dominion Parlia- 
 ment on the ground that it was only courteous to receive such a document 
 from a cognate legislative body. Deb. 371 ; Jour. 170. This was a most 
 unusual proceeding. 
 
276 ORDERS AND ADDRESSES. 
 
 or of an order of the hous(.\ A motion for an address shonld 
 always commence with the prescribed words : 
 
 "Mr. moves that a humble address be presented to Ins 
 
 Excellency, the Governoi--General, praying that his Excellency 
 will cause to be laid before this house," etc. 
 
 In the case of an order of the house, it is simply neces- 
 sary to make this motion : 
 
 "Mr. moves that an order of the house do issue for," 
 
 etc." 
 
 IV. ristinction between Addresses and Orders.— Previous to 
 the session of 1876, it was customary to move for all 
 papers by address to the governor-general, but since that 
 time the more regular practice of the English houses has 
 been followed. It is now the usage to move for addresses 
 only with respect to matters affecting imperial interests, 
 the royal prerogative, or the governor in council. On the 
 other hand, it is the constitutional right of either house to 
 ask for such information as it can directly obtain by its 
 own order from any department or officer of the govern- 
 ment. It is sometimes difficult to make a correct applica- 
 tion of this general principle ;' but the following illustra- 
 tions of recent practice will show the distinction that 
 should be drawn between addresses and orders : 
 
 Addresses are moved for papers and despatches from the 
 imperial government ; " for orders in council f for corres- 
 pondence between the dominion, British, and foreign 
 governments,* or between the d minion and provincial 
 governments,'' or between the dc union government and 
 
 1 May (623) states that the same ( iculty exists in the English 
 Commons. 
 
 ■' Can. Com. J. (1877), 151 ; Ih. (1878), 124. 
 
 ■' lb. (1877), 36, 56 ; lb. (1878), 63-4. 
 
 * 76. (1877), 21, 22, 35, 109 ; lb. (1878), 44. 
 
 » lb. (1877), 204 ; lb. (1878), 65 ; lb. (1882), 166 (for a copy of a resolu- 
 tion passed by a provincial legislature, and transmitted to his Excellency). 
 
DISTINCTION BETWEEN ORDERS AND ADDRESSES. 211 
 
 any companies, corporations, or individuals ;' for informa- 
 tion respecting a royal commission;" for instructions to 
 the governor-general;^ 
 
 On the other hand, papers may be directly ordered 
 when they relate to canals and railways, post-office, cus- 
 toms, militia, fisheries, dismissal of public officers, har- 
 bours and public works, and other matters under the 
 immediate control and direction of the different depart- 
 ments of the government.^ Correspondence with persons 
 in the employ of the government, and in the possession of 
 a department are ordered.'' Petitions and memorials not 
 in the possession of the house, but addressed to the gov- 
 ernor in council, and including memorials for public aid, 
 must be asked for by address f but petitions addressed to 
 £b particular department are directly ordered.'' lleturns of 
 petitions of right and cases before supreme and exchequer 
 courts are brought down on an address.'* Returns relative 
 to the trial of election cases before judges,'' and the 
 expenses of returning officers and candidates at elections"^ 
 are by address ; but the clerk of the crown in chancery 
 will lay on the table, in obedience to an order, returns 
 showing number of votes polled in electoral districts and 
 other facts as to a general election.^^ Returns relative to 
 
 1 lb. (1877), 21, 22, 45, 191. But this is not done invariably. 
 
 ■' lb. (1878), 65. " 
 
 =* lb (1882), 326. 
 
 * See index to journals for 1883 (" accounts and papers "). 
 
 5 Can. Com. J. (1878), 120 (Serj. Hart) ; 125 (Mr. Perley). 
 
 « lb. (1877), 93; lb. (1878), 124 ; lb. (1879), 59. On the same principle 
 memorials to tlie secretary of state for the home department in England 
 have been asked for by address ; 129 E. Com. J. 95. 
 
 ' Can. Com. J. (1882), 357. 
 
 '^ lb. (1878), 125 ; lb. (1880), 80. 
 
 « 129 E. Com, J. 157. 
 
 10 129 E. Com. J. 50, 64, 147 ; 137 lb. 258 ; Can. Com. J. (1879), 30. But 
 the house has sometimes ordered them, though the strict English practice 
 appears to be as above ; Can. Com. J. (1883), 168. 
 
 " Can. Com. J. 1883, April 9. 
 
278 ORDERS AND ADDRESSES. 
 
 th(3 administration of justice' and the judicial conduct of 
 a judge" are properly asked for by address. Papers in the 
 possession of harljour commissioners — a body not directly 
 under the control of the government — are also moved for 
 by address.' Keturns respecting confidential printing are 
 by address, as such printing is done by order in council/ 
 Papers relative to the exercis(; of the prerogative of pardon 
 must be sought in the same mode. ' Memorials to heads 
 of departments or bodies immediately under the control 
 of a dei:)artment are ordered by the house." The house 
 directly orders returns (and the clerk may lay them on 
 the table) relative to business of the house ; for instance, 
 return of number of divisions, of public and private bills, 
 of select committees, etc." The Senate does not observe the 
 distinction dravv^n in the Commons between orders and 
 addresses.^ 
 
 V. Returns in Answer.— As soon as these addresses and 
 orders have been passed by the house, they are engrossed 
 and forwarded immediately by the clerk of the house to 
 the secretary of state, who will send them to the proj^er 
 department or officer for the necessary answer. When 
 the department or person, whose duty it is to furnish the 
 information, has prepared it, he will return it to the sec- 
 retary of state, who will take the earliest opportunity of 
 
 1 129 E. Com. J. 79, 98, 203 ; 132 76. 392. 
 
 ^ Can. Com. J. (1882), 25. 
 
 ^ Ih. (1878), 90. 
 
 * lb. (1882), 25 ; infra, p. 288, n. 
 
 5 Jb. (1882), 157. 
 
 « 129 E. Com. J. 72, 80, 241, 366. 
 
 " 129 lb. 336, 369 ; C.aii. Com. J. (1878), 40, 54 ; 199, 208. 
 
 » Sen. J. (1880-81), 188 (silver coin) ; 199 (public service) ; 285 (eel fish- 
 ery) ; lb. (1882), 126 (P. E. Island) ; Ih. (1883), 257 (Militia). But the 
 distinction is evidently observed in the Lords. For orders, see 114 Lords' 
 J. 48, 53, 82, 88, 93, 109. For addresses, lb. 61 (Corresp. with gov. -gen. of 
 India) ; 113 (Corresp. with United States Govt.); 129 (international com- 
 mission) ; 158 (judicial proceedings). 
 
AXSWEBS TO ORDERS AXD ADDRESSES. 279 
 
 laying" it before rarliameiit throiig'h the nii'dinin of a 
 minister of the Crown. It is the practice for each minister 
 in the House of Commons to present the returns relative 
 to his own department.' 
 
 These returns are furnished by the departments of the 
 government with as mueh speed as is practicable, but it 
 often happens that a large number cannot be prepared in 
 time to be laid before the house during- the same session 
 in which they are ordered. In such a case, returns are 
 often presented during the following session," and papers 
 have even been brought down several years after having 
 been ordered.' A prorogation, however, nullifies the 
 effect of an order, and the strict practice is to make a 
 motion in the next session,' or read the order of the pre- 
 vious session, and order the return immediately. ' But it 
 is now frequently found most convenient to bring dovv^n in 
 the following session all papers of general importance 
 without a renewal of the order.*' 
 
 All papers laid on the table are kept in the custody of 
 the officers of the house, and may be consulted at any 
 time in the journals' office. All the important papers are 
 generally ordered to be printed, as it will be presently 
 shown." When returns have once been presented to the 
 house, it is in order to refer them to a standing or select 
 committee.^ 
 
 VI. Carefuhiess m Preparation.— Every motion for a return 
 should be very carefully prepared so that the member 
 may obtain the exact information he requires. In case a 
 motion is vaguely expressed, or asks for more information 
 
 1 Can. Com. J. (1877), 12, 50, 354, 356 ; lb. (1883), 328. 
 
 '' lb. (1877), 38, 55, 62 ; lb. (1879), 39. 
 
 3 J6. (1877),'284. 
 
 * May, 627. 
 
 ^114E. Com. J. 371. 
 
 « Can. Com. J. (1882), 104, 142. 
 
 ' Infra, p. 289. 
 
 « Can. Com. J. (1874), 103 ; lb. (1870), 98 ; lb. (1877), 59. 
 
•280 ORDERS AND ADDRESSES. 
 
 than it is in the power of the government to give, or 
 otherwise requires amendment, the member who makes 
 it will generally be allowed to amend it with the unani- 
 mous consent of the house ; and in such a case the 
 speaker will always again read the motion so amended. 
 In this way the convenience of members, in exceptional 
 oases, is consulted ; but it is necessary, in order to save 
 the time of the house, that each motion should be care- 
 fully framed at the outset, as it cannot be changed (except 
 by general consent) when it is once proposed by the chair 
 in accordance v:ith the noti(3e. Returns are frequently 
 laid on the table by a minister without a motion having 
 been formally made for their production. This is gene- 
 rally done in cases where an important debate is at 
 hand, or in progress, and as there is no time to make a 
 formal motion, the government will give every informa- 
 tion in their power to the house. This, however, is a 
 matter of courtesy and not obligatory on the part of a 
 iminister.* 
 
 Every care should be taken by the department or officer 
 "whose duty it is to furnish the return, to have it strictly 
 in accordance w^ith the terms of the address or order. If 
 a person neglect to furnish a return or frames it so as to 
 mislead the house, it w^ll be considered a breach of privi- 
 lege, and he will be reprimanded or more severely pun- 
 ished according to the circumstances of the case.^ 
 
 Vn. Motions for Papers Refused.— Whilst members have 
 •every facility afforded them to obtain all the information 
 they require on matters of public concern, occasions may 
 arise when the government will feel constrained to refuse 
 certain papers on the ground that their production would 
 be inconvenient or injurious to the public interests. A 
 
 ^ Can. Com. J. (1874), consolidated fund exjjenditure, 76. 
 - 90 E. Com. J. 575 ; 96 lb. 363, Mirror of P. 18-41, vol. 23, pp. 2014-5 ; 
 81 Lords' J. 89 ; 82 Ih. 89 ; May, 626. 
 
REFUSAL OF PAPERS. 281 
 
 hi^h authority writes on this point : " Considerations of 
 public policy, and a due regard to the interests of the 
 state, occasionally demand that information sought for by 
 members of the legislature should be withheld, at the 
 discretion and upon the general responsil)ility of mini- 
 sters. This principle is systematically recognised in all 
 parliamentary transactions ; were it otherwise, it would 
 be impossible to carry on the government with safety and 
 honour." ' Consequently there are frequent cases in 
 which the ministers refuse information, especially at some 
 delicate stage of an investigation or negotiation ;" and in 
 such instances the house will always acquiesce when 
 sufficient reasons are ' giA'en for the refusal. On this 
 account, members will sometimes consent to withdraw 
 their motions ; or in case only a part of the information 
 sought for can be brought down they will agree to such 
 alterations as the minister may show to be advisable in 
 the public interests. Sometimes the government may be 
 obliged to withhold all information at the time, or they 
 may be able to put the house in possession of only a part 
 of the correspondence.'* But it must be remembered that 
 under all circumstances it is for the house to consider 
 whether the reasons given for refusing the information 
 are sufficient. The right of Parliament to obtain every 
 possible information on public questions is undoubted, 
 and the circumstances must be exceptional, and the 
 reasons very cogent, when it cannot be at once laid before 
 the houses. 
 
 Papers have been refused on the ground that it would 
 be wholly without precedent|to produce them.^ Estimates 
 and reports of the engineers of the public works, in many 
 
 1 1 Todd's Pari. Gov. in England, 278-85 ; 173 E. Hans. (3), 1055 ; Mirr. 
 of Pari. 1837-8, p. 658 ; Can. Hans. (1878), 1053. 
 
 - Sen. Hans. (1880), 77, 4()9 (Sir A. Campbell); Mirror of P., 1841, p. 
 1032 ; 157 E. Hans. (3), 1177. 
 
 ^ Can. Hans. (1877), 58-9. 
 
 * 211 E. Hans. (3), 1725. 
 
282 ORDERS AND ADDRESSES. 
 
 cases, are considered confidential.' As a rule, the opinions 
 of the law officers of the crown are held to be "private 
 conimnnications"' when given for the guidance of ministers, 
 and may be properly refused by the government." But 
 there are occasions when it may be convenient to lay 
 them before Parliament ; and that is a matter within the 
 discretion of the government. If such a do(niment is read 
 in the house, it becomes a public paper, and may be called 
 for.' The practice of asking for reports from officers, 
 addressed to particular departments of the executive gov- 
 ernment, has also been considered most objectionable.' 
 
 Certain papers have also been refused in the Canadian 
 Commons on the ground that the " governor-general, act- 
 ing as an executive officer of the imperial government, 
 reserves to himself the right of withholding from Parlia- 
 ment any documents, the publication of which might, in 
 his judgment, be prejudicial to the public service. That 
 with respect to communications from the secretary of 
 
 ' Can. Hans. (1878), 510, Lachine canal. Tb. [1879], 45, Carillon works. 
 Also p. 1080. Remarks of Sir C. Tuiiper, minister of public works, on 
 the subject of presenting a report of the engineers on tenders submitted 
 for the construction of the Canada Pacific R. R. — this report being to a 
 certain extent confidential. It will be seen from the debate on this occa- 
 sion that leading members like ]\Ir. Holton and 3Ir. ISIackenzio acknow- 
 ledged that ministers could, in particular cases, with propriety refuse 
 making public certain official papers. !Mr. Mackenzie expressed his 
 opinion that everything that referred to the giving out of contracts, of a 
 technical and public nature ; everything except the moral and personal 
 reasons why any persons had been j^assed over, should be laid before the 
 house; p. 1083. 
 
 '' Mirror of P. 1830, pp. 387, 1877-1 879 ; 1840, p. 2120 ; 74 E. Hans. [3], 568. 
 See reply of Lord Gosford to an aiUlress of the assembly. Lower Canada, 
 Dec 11, 1835 ; Jour. 1835-G, p. 2()3. The same rule applies to communica- 
 tions between law officers of the Crown respecting particular trials ; or 
 the judge's notes taken at a trial ; Mirror of P. 1830, pp. 527, 1067-1688 ; 1 
 Todd, 357. Or to coroner's notes, which, as they partake of a judicial 
 character, can be produced only with the consent of the officer himself; 
 Mirror of P., 1841, p. 2207. 
 
 '* 187 E. Hans. (3), 219, &c. ; also, 149 lb. 178. 
 
 * 177 lb. 961, 1402, 1455 ; 178 lb. 154. 
 
GOVERNOR-GENERALS DESPATCHES. 283 
 
 state, markod ' privato and confidential,' it is not com- 
 p.'tent for the governor-general to givt» copies of such cor- 
 respondence without the express sau(^tion of the secretary 
 of state. That this rule equally applies to lett^'rs Avriicen 
 by the governor-general to third parties, commuiucating 
 confidentially +o them, or referring to the contents of private 
 and confidential letters from the secretary of sate, and to 
 answers received by the governor-general to such letters." ^ 
 
 Before leaving this point, it is useful to note here that 
 the colonial office has laid down certain rules for the 
 n-uidance of governors in their communications with the 
 imperial authorities. Where responsible government is 
 established the governor is generally at liberty to com- 
 municate to his advisers all despatches not "confidential." 
 By a circular of 10th of July, 18*71, despatches are reclassi- 
 fied : 1. Numbered, which a governor may j)ublish unless 
 directed not to do so. 2. Secret, which he may, if he 
 thinks fit, communicate, under the obligation of secrecy, 
 to his executive council, and may make public if he deems 
 it necessary, 3. Confidential, which are addressed to a 
 governor personally, and which he is forbidden to make 
 known without the express authority of the secretary of 
 state." " Numbered" despatches are always laid before 
 Parliament on the responsibility of ministers.' But it is 
 " a general and reasonable rule that despatches and other 
 documents forwarded to the imperial government should 
 not be published until they shall have been received and 
 acknowledged by the secretary of state, and that no con- 
 fidential memorandums passing between ministers and 
 the governor should be laid before the colonial parliament 
 except on the advice of the ministers concerned." ^ 
 
 In 1878, Mr, Lanthier asked that the house pass an ad- 
 
 ' Can. Com, J. [lS(J7-8], 275, 
 - Col, Kejr, 1()5-188 ; C. O, List, 1883, pp. 2G5-G. 
 
 •' New Zealand II. of E, Jour., 1871, app. vol, I., p. 14 ; Pari. Deb. viii, 140. 
 * See Todd's Pari. Gov. in the colonies [pp. 93-99] where this question is- 
 fully reviewed. 
 
284 ORDERS AND ADDRESSES. 
 
 dress for certain plans and papers relative to the division 
 line between Upper and Lower Canada. The premier 
 (Mr. Mackenzie) obj(M^ted to th(> adoption of the address, 
 on tht; ground that the document., asked for were not in 
 the possession of the dominion jiovernment, and that thcy 
 were wanted, according- to t' . statement of the mover, for 
 purposes of private litiofation. The motion was then with- 
 drawn in view of the strong o})i('ction taken by the gov- 
 ernment to the production of the plans.' 
 
 In the same session the premier refused to bring down 
 a statement in detail of the expenses of the governor-gene- 
 ral during his visit to the Pacific coast, and contended 
 that the house could find all the necessary information in 
 the public accounts, and that it would be disrespectful to 
 his Excellency to demand more than was given in these 
 accounts. Prominent members did not doubt the risrhtof 
 .a member to make such a motion, but only regretted that 
 he had thought proper to press it. After considerable* de- 
 bate on the subject, an amendment was accepted to me(*t 
 the difficailty in w^hich the house was obviously placed.' 
 
 In the session of 1879, Mr. Williams moved for a <opy 
 ■of all papers and corn^spondence that might have passed 
 between Lord DufFerin (governor-general) and the mem- 
 bers of the late Ma<'kenzie administration on certain dis- 
 missals from office. The premier (Sir John Macdoiiald) 
 informed " the hon. member that the official correspond- 
 ence between the 2:overnor-o;eneral and his advisers for 
 the time beino could not be brought to the house. If 
 there was any such official correspondence on record, and 
 his Excellency would allow its production, and the public 
 interests would not be injured thereby, there could be no 
 objection to laying it before the house, but not otherwise."^ 
 
 • Can. Hans. [1878], 389-1)2. 
 
 ^ Can. Hans. [1878], 510-25 ; see Sir Charles Dilkes's motion with res- 
 pect to the civil list ; only two voted for his motion ; 27G against ; 210 E. 
 Hans. (3), 251-318. 
 
 ^ Can. Hans. [1879], 492. 
 
GROrXD.S FOR DJLMAM'IXG I'APKIiS. 28S 
 
 From discussions in the Eni>-lish ravliamont it appears 
 that the dociuneiit, oi" which it is proposed to order a copy,, 
 must be ollieiai in its character, and not a mere private 
 letter or paper.' The papers asked ibr must rehite to a sub- 
 ject or matter within the legitimate powers and functions 
 of Parliament. "Where the production of papers was ob- 
 jected to on the ground that the sulrject to which th(^y 
 related was one which belonged to the jurisdiction of the 
 ordinary tribunals, and with which Parliament had no 
 authority to interfere, and that the only use which could 
 be made of the documents would be as evidence against 
 the claims of the party called upon to produce them, the 
 motion was refused. " Neither is it a proper ground for 
 the production of papers that they will either prove or 
 disprove an assertion made by a member on some former 
 occasion f or that they will enable the mover to proceed 
 individually upon a charge against a party, whom he de- 
 sires to bring before some other body or tribunal.* It has, 
 however, been distinctly laid down by eminent English 
 authorities that the inquisitorial jurisdiction of Parliament 
 could not be limited to such " public institutions " only as 
 were the recipients of public money ; but " that when an 
 institution is established to assist in promoting the culti- 
 vation of the arts, or other strictly public object, it could 
 not be denied that the house had a right to inquire into 
 its affairs, even though it did not receive public aid."' And 
 on a later occasion it was declared by Sir Kobert Peel that 
 '■ where Parliament has given peculiar privileges to any 
 body of men (as for example, banks or railway companies) 
 it has a right to ask that body for information upon points 
 
 ' 11 E. Hans. (1),271 ; Gushing, pp. 3G4-5 ; 11 Pari. Reg. 128 ; 74 E. Hans. 
 (3), 865. 
 
 - 15 E. Hans. (X. S.), 194-202. 
 
 ■■ 22 lb. (1), 120. 
 
 ne J 6. (3), 194-5. 
 
 '" Sir Robert Peel and Lord John Russell, in case of Royal Academy, 
 Mirror ot P. 1839, pp. 4238, 4503 ; 1 Todd, 281-2. 
 
280 OliDKIiS AM) ADDRESSES. 
 
 Avhii'h it deoms necessary for th( public advaiitai:^(^ to 
 have gt'iiorally understood." The i^reat point to be aimed 
 at in sut'h iiiquiri«'S h»^ considered to be "that while you 
 extract all the information the public requir*' to have, you 
 should, at the same time, avoid all vexatious interference in 
 the details of the ])usin«\ss of the respective undertaking's." ' 
 All the departments of the public service are kei)t 
 most laboriously employed every session in furnishing" in- 
 formation required by members of the two houses. The 
 expinise entailed in this way is necessarily very largv. 
 The right of a memlx^r to obtain every information from 
 the government within the limits previously described, is 
 so undoubted that it seems almost beyond the power of a 
 minister to keep the practice within narrower bounds and 
 thereby save much public money. It is quite obvious, 
 however, that no member should move for papers except 
 on suffi<ient grounds. It is clearly laid down by the most 
 eminent of English parliamentarians that it is ini^imbent 
 upon the mover to state the reasons upon which his mo- 
 tion is founded that the house may judge of the necessity, 
 importamx^, and expediency of calling for the papers 
 which are the subject of that motion. - 
 
 VIII. Printing of Documents.— All the papers and returns 
 laid on the table of the house in the course of a session 
 give a vast amount of information relative to questions of 
 public interest. It is consequently usual to have all doc- 
 uments of an important nature printed as soon as possible. 
 The practice of the Senate with respect to the printing of 
 public documents is the same as that of the Commons. 
 Rule 84 of that house simply provides : 
 
 " All papoi-s laid on the table stand referred to the joint com- 
 mittee on printing, wlio decide and report whether they are to lie 
 printed." 
 
 1 Mirror of P. 1840, p. 4840 ; also, lb. 1828, p. 825. 
 ' Lord IMelbourue, Mirror of P. 1838, p. 5387. Also, 11 Pari. Reg. 132, 
 133 ; 2 Cav. Deb. 237. Can. Hans. (1879), 1265-7. 
 
rnixTjya. 287 
 
 But it is not unusual in the Senate for the rhiiirmnn of 
 a committee to move that certain papers be printed with- 
 out reference to the print inq; committee, and the house 
 has so ordered accordingly ; but this is only done for the 
 immediate information of members.' As a rule the print- 
 iu"" of all documents is left to the spei ial supervision of 
 the printing committee which regulates the num])er of 
 documents and the mode of printing for both houses. 
 
 IX. Joint Committee on Printing.— The joint «'ommittee on 
 printing which is composed of members of both houses, 
 is appointed at the commencement of every session 
 like the other standing committees." In the old lei»-isla- 
 ture of Canada the expenses of the public printing be- 
 came so enormous under an exceedingly loose system, that 
 it was at last found necessary to take measures to intro- 
 duce greater economy into this service. In the session of 
 1858, an inquiry was instituted wi^h this object in view, 
 and a report was presented by a committee of the legisla- 
 tive council, reviewing the whole subject, and very clearly 
 showing the economical advantages that would result 
 from certain proposed improvements. The report speci- 
 ally recommended that, at the commencement of each ses- 
 sion, a joint committee should be appointed, composed 
 equally of members of both houses, whose duty it should 
 be to determine what matter should be printed, as well as 
 the manner of printing it. ' This plan was favourably en- 
 tertained by the legislative assembly, and in the session 
 of 1859 the first joint committee on printing commenced 
 its labours.* Under its authority the former practice of 
 printing indiscriminately almost every document was 
 abandoned, and a more economical system of printing only 
 such documents and returns as are necessary for public 
 
 1 Sen. J. (1875), 176, 190 ; lb. (1878), 99, 129. 
 '^ See chapter on select committees. 
 ' Leg. Com. J. (1858), 215-222. 
 * Ug. Ass. J. (1861), 146. 
 
2H8 ()i:i>i:iis AXD JiUfi:i:ssi:s. 
 
 inforrnaiion was inaiii^uratt'd. St<'p by stepall tho public 
 print iui,'- of the country has been ))rouifht under porl'cct 
 parlijinifutary control;' and the rcfsult has been certainly 
 Katislactory troni an economic point of view. The joint 
 committee has always had th*' management of the print- 
 ing service of Parliament, as well as of all theollicers and 
 servants connected therewith. The salaries of the em- 
 ployees are Uxed by the committi^e, and any increases or 
 diminutions are recommended to the houses for their sanc- 
 tion." The printing service is performed by tender and 
 contract under the direction of the committee, w^hich re- 
 ports its recommendations to the houses,' which may or 
 may not concur with the committee.' The accounts are 
 
 * The latest cliango was in connoction with the Canada Gazette, and 
 (lopartmental printing'. For very many years in old Canada tlio pnltlic 
 printinji was a monopoly ; but by Uiv, death of Mr. Stnart Derbishirc. in 
 1SG3, the ((uoen's printorshipwhicli was held by him under a royal pat«'nt 
 became vacant. Mr. Malcom Cameron was api>ointed in his place, and 
 carried on the departmental printnif:: and the Canada Gazette in conjunc- 
 tion with Mr. Dosbarats, the survivin.L' partner of Mr. Derbishirc (Pari. l)eb. 
 1863, p. 121 ; ISfi."), p. 10). Thi'! feelintr, however, on both sides was to have 
 a chan;«'e also with res})ect to the Gazette and departmental printing (Leg. 
 Ass. J. 1802, p. ol()) ; and the dominion government, in 1801), at last took 
 the question up, and the result was the passage of an act res{)ecting the 
 otlice of queen's printer, and the public printing (chap. 7, 32 and 33 Yict. 
 Dom. Stat.), which established a iiueen's printer for Canada, under whose 
 superintendence the Canada Gazette, the statutes, and departmental print- 
 ing must now be performed. All printing is done by public contract, 
 except certain confidential printing which the government may by orders 
 in council authorize to be done without tender — such orders and expendi- 
 tures to be laid before I'arliament at the next session. 
 
 '' Leg. Ass. J. (1800), 395, 402 ; Com. J. (1809), 150 ; lb. (1870), 243, 288 ; 
 Can. Hans. (1878), 2253-4 ; Jour. pp. 131, 220. Sen. J. 142, 153. 
 
 3 Can. Com. J. (1807-8), 30, 38. lb. (1879), 303, 428 ; Sen. J. 177, 194. 
 The contract is with the queen. 
 
 * Can Com. J. (1809), 199, 224, 247, 205. In this case the committee re- 
 ported in favour of certain tenders from Hunter, Rose & Co. ; bat tlie 
 hoiise did not concur in the report, and referred it back with an instruction 
 that the committee should accept the lowest tender, L B. Taylor's. The 
 committee then simply reported the lowest tender, and left the house to 
 decide finallv. 
 
mrxTrxa. 280 
 
 ki'pt st'piinitt' IVoiii those of th«^ other services, and iire 
 cheeked ])y the ch-rk of the committee and paid only on 
 his certificate.' These accounts, with the report of an 
 auditing sub-committee, and th»^ certificate of the auditor- 
 s^eneral, are duly hiid every session hciore the houses." In 
 the session of 1878, objection was taken to a report of the 
 committee, recommending^ an increast^ of salary, on the 
 ground that a committee (;ould not make su<li a recom- 
 mendation. It was shown, however, to the satisfaction of 
 the house that the committee had always exercised the 
 power to nominate, and fix the salaries of, its employees, 
 subject, of course, to the approval of tht; houses. The act 
 respecting the internal economy of the house (31 Vic, c. 27) 
 provides that a certain sum shall be yearly voted by Par- 
 liament and placed at the disposal of the committee for 
 printing services. The committee simply distributes the 
 moneys set apart by Parliament for this purpose.' 
 
 The committee sits very frequently during the session, 
 and the clerk lays before it all the returns according 
 as these are placed on the table of the house, and then it 
 decides what documents ought to be printed, and reports 
 the result of its deliberations, so that members may 
 know what has been done with the papers in which they 
 are interested. All the important papers and returns are 
 printed in the sessional papers — the reports of committees 
 always in the appendix to the journals. ^ A certain num- 
 ber of printed copies of papers are distributed to each 
 member. The committee has allotted to it " a joint room 
 for the distribution of printed papers for both houses," 
 and arranges the number of documents that are to be 
 
 'Leg. Ass. J. (18(./), 265. 
 
 -Can. Com. J. (lS7S),-131-4 ; lb. (\S79), 73,109; 76. (1883), 135-13!) ; 
 Sen. J. (1883), 101-104. 
 
 ^'Can. Hans. (1878), 2201-2203 : 2253-2254. Also, for new appointments. 
 by committee, see Jour- [1880], 54, 62 ; lb. [1883], 79, 80. 
 
 * Can. Com. J. [1S76], 135, &c. 
 
 19 
 
290 ORDERS AND ADDRESSES. 
 
 annually given to members of Parliament and others.^ 
 It is usual to let the reports lie on the table for a day or 
 two, and then to move for their adoption when " motions" 
 are called during the progress of routine business. The 
 motion for concurrence is generally allowed to be proposed 
 without notice when the report only refers to the printing 
 of documents, but objections may be taken on that ground 
 at any time ; and it is the practice to give the necessary 
 notice in all cases which are likely to provoke controversy 
 and debate.^ 
 
 When a member wishes to direct the special attention 
 of the printing committee to a paper, he may give notice 
 of a motion that it be printed ; and this motion must go 
 to the committee under the following rule : 
 
 "94. On a motion for printing any paper being offered, the 
 Bame shall be first submitted to the joint committee on printing 
 for report, before the question is put thereon." 
 
 This rule was not strictly enforced for some sessions after 
 186*7. Motions for the immediate printing of documents 
 have been proposed and adopted, without reference to 
 the committee, or the suspension of the standing order.^ 
 Sometimes the rule has been suspended, and the order given 
 immediately for printing — a regular proceeding in case of 
 urgency.^ Members have also moved " to refer " certain 
 papers to the committee, or to instruct it to consider the 
 propriety of printing certain documents ; and such 
 motions have been put from the chair.^ No motions, 
 however, for the printing of papers are now put from the 
 chair, but are simply entered on the journals as referred 
 
 1 Can. Com. J. [1867-8], App. No. 2 (3rd and 13th Reports) ; lb. [1869], 
 App. No. 2 ; lb. [1874], 271 ; 76. [1875], 118. The distribution of docu- 
 ments was rearranged in 1878, pp. 220, 254, App. No. 3 ; Sen. J. pp. 
 218-230, 265. Number of votes and bills was increased in 1879, pp. 56, 78. 
 
 ^ See Com. J. [1880], 364. Also, chapter on select committees. 
 
 3 Can. Com. J. [1867-8], 43 ; lb. [1870], 30 ; lb. [1873], 20, 49. 
 
 * Can. Com. J. [1871], 20 ; lb. [1880], 160. Can. Hans. [1877], 686. 
 
 * lb. [1876], 71 ; i6. [1867-8], 157 ; lb. [1882], 192. 
 
PRINTING. 291 
 
 in accordance with the rule/ If a member is not satisfied 
 with the report of the committee at any time, he can move 
 affainst it on the motion for concurrence." Sometimes re- 
 ports are only agreed to in part.^ The committee has 
 frequently reconsidered previous decisions without a mo- 
 tion formally proposed in the house to refer the matter 
 back for further deliberation.' At other times, the report 
 has been amended on a motion first made in the house for 
 reconsideration,^ the more regular proceeding, since it 
 gives power to the committee to revise its former judg- 
 ment on a question.^ 
 
 • Ih. [1877], 47, 124, 132, &c. ; Ih. [1879], 353 ; Ih. [1883], 391. Mr. Sp. 
 Anglin questioned the propriety of any debate on such a motion. Can. 
 Hans. 1877, Feb. 19 ; also, Ih. p. 086. 
 
 -Can. Com. J. [1874], 304. 
 
 •' lb. [1867-8], 224 ; Ih. [1879], 326. 
 
 ' Ih. [1873], 415. 
 
 5 Can. Com. J. [1883], 236. 
 
 " See chapter on select committees for remarks on this point. 
 
CHAPTER X. 
 
 ADDRESSEES, MESSAGES AND VOTES OF THANKS. 
 
 I. Subject-matter of Addresses. — II. Addresses founded on resolutions. — 
 III. Joint Addresses. — IV. Addresses of Condolence and Congratula- 
 tion. — V. On retirement of the Governor-General. — VI. Presentation. — 
 VII. Messages from the Governor-General. — VIII. Addresses to Prince 
 of Wales in 1860. — IX. Thanks to distinguished Persons. 
 
 I. Subject-Matter of Addresses.— The procedure in the case 
 of the address in answer to the speech at the commence- 
 ment of the session has already been fully explained in a 
 previous chapter of this work/ and it is now only neces- 
 sary to refer to the subject of addresses generally, and to 
 the mode of transmitting them to the sovereign or pre- 
 senting them to the governor-general." 
 
 The subjects on which the two houses may address the 
 sovereign or her representative in this country are too 
 numerous to be detailed at any length. They may relate 
 to every matter of Canadian interest, to the administration 
 of justice, to the commercial relations, or to the political 
 state of the country, and in short to all subjects connected 
 with the government and welfare of the dominion. They 
 may also contain expressions of congratulation or regri^t 
 in reference to matters aflfecting the royal family or the 
 governor-general . 
 
 1 Chap. VI. 
 
 - But no address may be presented in relation to a bill or matter 
 under the consideration of the house. 12 Lords' J. 72, 81, 88 ; 8 E. Com. 
 J. 670 ; 1 Grey, 5 ; May, 515. 
 
ADDRESSES ON GENERAL SUBJECTS. - 293 
 
 n. Addresses founded on Resolutions.— "When an address to 
 her Majesty originates in the House of Commons, it is 
 generally the practice to pass a resolution in the first 
 place. This resolution may, or may not, be first considered 
 in committee of the whole, as the circumstances oi" the 
 case may demand. For instance, in 18*77, the Commons 
 passed a resolution in committee of the whole with refer- 
 ence to the extradition from Canada of fugitive criminals.^ 
 In 18*75 the house passed a resolution respecting the New 
 Brunswick School Act, without a committee of the whole, 
 as is done in the case of the answer to the speech at the 
 opening of the session.^ Again in 186t-8 an address was 
 founded on a report from a select committee.'^ The prin- 
 ciple that should guide the house with reference to 
 addresses of a general character appears to be this : 
 Whenever the question is one involving legislation, or 
 affecting commerce, and requires considerable discussion 
 of details, it is advisable, and certainly convenient, to ask 
 the house to go into committee of the whole to consider a 
 resolution on which to base an address.^ But in the case 
 of all addresses which are passed nemine contradicente, it is 
 only necessary to propose a resolution in the house itself, 
 without going into committee.^ In the Senate, however, 
 it is not the usual practice to go into committee on resolu- 
 tions for an address on a special subject.*^ The practice of 
 the Senate wdth respect to addresses generally has more 
 closely followed the practice of the English Parliament, 
 where it has been much simplified of late years. In the 
 Commons the old practice continues to be followed to a 
 large extent. 
 
 ^ Can. Com. J. (1877), 237-9 ; also, Leg. Ass. (1859), 509. 
 ^ Can. Com. J. (1875), 197-203. 
 ' Ih. (1867-8), 376, 377. 
 
 * i fe. (1873), 187, naturalization ; lb. (1878), 255, Canadian boundaries. 
 
 * Can. Com. J. C1872), 292-3. Retirement of Lord Lisgar from the gov- 
 ernor-generalship. 
 
 •* Sen. J. (1869), 184. 
 
294 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 "When the resolution for an address has been agreed to 
 by the house, "a select committee will be appointed to 
 draft an address to her Majesty founded on the said re- 
 solutions." The committee having reported the address, 
 it will be read twice and agreed to, and ordered to be 
 engrossed. The next step is to pass an address to the 
 governor-general, requesting his Excellency to transmit 
 the same to her Majesty — which address will be engros- 
 sed and presented with the address to her Majesty by 
 such members of the house as are of the queen's privy 
 council of Canada.^ 
 
 In the session of 1882 the House of Commons agreed to 
 a joint address to her Majesty on the subject of the diffi- 
 culties in Ireland as an amendment to the motion for the 
 house to go into committee of supply." The address to 
 her Majesty embodying the Quebec resolutions of con- 
 federation were also passed without the formality of a 
 previous committee.^ In the Senate, in 1882, an amend- 
 ment was moved to the Irish address — an unusual pro- 
 ceeding.^ 
 
 in. Joint Addresses.— "When it is agreed in the Commons 
 to transmit an address of the two houses to the queen, a 
 message will be sent to the Senate requesting their 
 Honours to unite with the house in the same. This mes- 
 sage will be proposed as soon as the address has been passed 
 by the house and ordered to be engrossed. When the 
 
 1 Can. Com. J. (1875), 201, 203. 
 
 2 Can. Com. J. (1882), 307, 334 ; Sen. J. 245-6, 270, 271. See 109 E. Com. 
 J. (1854) 169 ; address on war with Russia, agreed to without reference to 
 a committee. Also, 132 E. Hans. (^3), 307 ; Burke's Speakers D., p. 3. Dr. 
 A. Todd wrote me on this point : " Modern usage tends more and more 
 to simphfy and abbreviate procedure which is an additional reason for 
 dispensing with a committee to draft an address, when it can be reason- 
 ably done by the house itself." 
 
 ^ Leg. Ass. J. [1865], vol. 24, p. 67. The speaker decided that a com- 
 mittee was not necessary, p. 74. 
 * Sen. J. (1882), 262. 
 
JOI}iT ADDRESSES. 295 
 
 Senate has recoived the message the address will be read 
 by the clerk, and ordered to be taken into consideration, 
 sometimes immediately, but more frequently on a future 
 day. The address from the Commons always contains a 
 blank : " "VVe, your Majesty's most dutiful and loyal sub- 
 jects, the Commons of Canada." This blank 
 
 will be filled up by the Senate with the words " Senate 
 and," so that the address will read " the Senate and Com- 
 mons of Canada in Parliament assembled," etc. It will 
 then be ordered that the speaker do sign the address on 
 the part of the Senate. The next step will be for the 
 Senate to order an address to the governor-general, re- 
 questing him to transmit the same to the sovereign. Then 
 this address will be agreed to, signed by the speaker, and 
 ordered to be communicated to the Commons by one of 
 the masters in chancery for their concurrence. In this 
 address there is also a blank to be filled up by the house, 
 with the words, " and Commons," and a message will be 
 sent to the Senate informing them that the Commons 
 have agreed to the said address. When the message has 
 been received by the Senate, they will order that " the 
 joint address to her Majesty, and also the joint address to 
 his Excellency, the G-overnor-Greneral, be presented to his 
 Excellency by such members of this house as are members 
 of the privy council." ' 
 
 In case the address originates in the Senate, it will be 
 read at length at the table as soon as it is taken into con- 
 sideration by the Commons. The blank after the words 
 
 " the Senate " in the address, will then be filled up 
 
 with the words, " and Commons " ; and the address con- 
 curred in. An address will next be passed to the gover- 
 
 1 Can. Com. J. (1867-8), 225, 236 ; Ih. 66, 67, 68, 98, 108, 367 ; Ih. (1869), 
 152, 153, 156, 168, 169 ; Ih. (1871), 292, 293, 300. Can. Com. J. (1877), 237- 
 
 239, 240 ; Sen. J. 214, 215, 216, 221, 229, 230 ; Com. J. 268 ; Sen. J. 239, 
 
 240. In Can. Com. J. [1880], 57 ; Sen. J. 47, 48, will be seen the procedure 
 in the case of the joint address to the governor-general on the subject of 
 granting relief to Ireland. 
 
296 ADDRESSES, MESSAGES AXD VOTES OF THAXKS. 
 
 nor-genoral roquesting- him to transmit the joint address 
 to th(^ qiK'on. The Senate will then proceed to fill np the 
 blank in this address in the usual way, and communicate 
 the fact to the Commons. The addresses will be presented 
 to his Ex<ellency by such members of the Senate as are 
 members of the privy council.' 
 
 IV. Addresses of Condolence and Congratulation.— Addresses of 
 congratulation or condolence to the sovereign are always 
 passed nemine contraiHcente. Such addresses are moved im- 
 mediately in the English houses without reference to a 
 committee, and the same usage now obtains in the Sen- 
 ate, but in the Canadian Commons the old practice, in 
 reference to addresses, still continues." Again, if the houses 
 wish to congratulate any members of the royal family on 
 their marriage, or to condole with them on some sad be- 
 reavement, they may do so in the form^ of a message.^ In 
 
 1 Sen. J. (1872), 28, 29 ; Com. J. 16, 24 ; Sen. J. 36 ; Com. J. 29 ; Com. 
 J. 1879, Fob. 21 ; Com. J. (1880), 78, 79, 82, 101 ; Ih. (1882), 330, 490. 
 In the English houses such addresses are presented either by both houses 
 in a body [74 E. Com. J. 279] ; or by two peers and four members of the 
 House of Commons (114 E. Com. J. 373) ; or by committees [1 Ih. 877 ; 2 
 Ih. 462] ; or by the lord chancellor and speaker of the Commons (16 I h. 
 •54) ; or by the lord chamberlain, or lord steward, and four members of 
 the Commons (130 Ih. 190, 326) ; but the Lords always learn her Majesty's 
 pleasure, and communicate to the Commons by message, the time at 
 ■which she has appointed to be attended (137 E. Com. J. 94). The same 
 practice obtained in the old legislative council of Canada. Can. Leg. Ass. 
 J. (1859), 145, 539, 587. 
 
 ■^ 113 E. Com. J. 31, marriage of the Princess Eoyal ; 116 Ih. 112, death 
 •of Duchess of Kent ; 123 Ih., attempted assassination of Duke of Edin- 
 burgh, 142; birth of a princess, 309. Death of Princess Alice, Dec. 16 
 and 17, 1878, Lords' and Com. J. ; Leg. Coun. J. [1862], 57, 88, death of 
 Prince Consort (joint address). Leg. Coun. J. [1863], 135 ; Leg. Ass. J. 167, 
 marriage of Prince of Wales. Can. Com. J. (1867-8), 225, attempted 
 assassination of Duke of Edinburgh. Can. Com. J. (1872), 16, 24, 29, 
 restoration to health of Prince of Wales. Can. Com. J. 1879, Feb. 21, 
 death of Princess Alice (joint address). Joint address to her Majesty 
 on her escape from assassination, Can. Com. J. [1882], 105 ; Sen. J. 73, 
 78, 79. 
 
 =* Can. Leg. Ass. J. (1863) 168. 
 
ADDRESSES OF COXaUATVLATJOy, ETC. 2!)7 
 
 England "t-ertain mombers are always nominated by tlio 
 house to attend those illustrious personac^es witli ilie 
 messages or resolutions ; one oi' whom afterwards ac- 
 quaints the house, (in the Lords, in his place, or at the 
 table ; in the Commons, at the bar), with the answers 
 which were returned."' A similar practice obtained be- 
 fore the confederation of the provinces in the Canadian 
 legislatur(\ When the message had been agreed to, it was 
 ordered that certain members do wait upon his Ex<ellency 
 the Grovernor-Greneral with the message and request him 
 to transmit the same to the proper quarter." Under the 
 present practice, the house would order an address to his 
 Excellency, which would be delivered to him by such 
 members of the house as are members of the privy coun- 
 cil.^ No such message, however, it may be added, has been 
 agreed to since 1867, the necessity for such amotion not 
 having arisen. In 1882, the houses forwarded through 
 his Excellency the Crovernor-General by the Atlantic^ cable 
 messages of congratulation to her Majesty on her escape 
 from an attempt on her life.' 
 
 It is always usual for the two houses to present ad- 
 dresses to the governor-general, congratulating him in case 
 of his elevation to the peerage.' In 1880, the houses passed 
 an address congratulating the Marquis of Lome, then gov- 
 ernor-general, and her Royal Highness the Princess Louise, 
 on their escape from serious danger.'' 
 
 V. Address on Retirement of Governor-General.— It is also the 
 practice to pass a joint address at the proper time, express- 
 ing regret at the termination of the governor-general's 
 
 ^ May, 517-8 ; 53 Lords' J. 369 ; 95 E. Com. J. 95 ; 52 E. Hans. (3), 343 ; 
 136 E. Com. J. 130, 223. 
 
 2 Can. Ass. J. [1863], 168, 204. 
 
 3 Can. Com. J. [1867-8] 376 ; lb. [1869], 223. 
 * Ih. [1882], 105 ; Sen. J. 79. 
 
 ^ Sen. J. [1871], 25, elevation of Sir John Young to peerage as Baron 
 Lisgar. 
 ' Sen. J. [1880], 53-54, 61 ; Com. J. 78, 79, 82. 
 
298 ADDRESSES, MESSAGES A^D VOTES OF THANKS. 
 
 ofTicial connortion with Canada. Ilis Excellency will tako 
 the most convenient opportunity that offers of acknow- 
 ledgiiifT su(;h an address in suitable terms. In the case 
 of Lord Lisgar, in 1872, h(i did not send dowii a special 
 message in answer, but deferred his reply until he deliv- 
 ered the speech at the prorogation of Parliament.^ In the 
 next case, of the farewell address to Lord DufFerin, in 1878, 
 it was ordered in each house to be presented by such 
 members as were of the privy council. A member of the 
 privy council subsequently informed the Senate that Lord 
 DufFerin had appointed tw^o o'clock of the afternoon of a 
 later day, in thi^ Senate chamber. The Commons were 
 duly informed of the fact by message, and were accord- 
 ingly able to be present at the reading of the address 
 and answer. On a subsequent day, a member of the privy 
 council presented, in each house, a copy of Lord Dufferin's 
 reply, in order to give it a place in the journals." 
 
 In 1883, the two houses passed a similar address pre- 
 vious to the departure of the Marquis of Lome. On this 
 occasion also, the address was ordered to be presented by 
 members of the privy council. On the last day of the 
 session, a few minutes before the formal prorogation, the 
 speaker of the Commons informed the members present 
 that he had just received intimation from his Excellency 
 that the address would be presented in the Senate cham- 
 ber. Accordingly, the houses having adjourned during 
 pleasure, the members of both assembled on the occasion 
 of the reading of the address by the premier. Sir John 
 Macdonald. His Excellency read his reply, which was 
 duly reported to both houses, and entered on the journals. 
 It was also ordered in the Senate to be printed in both 
 languages for the use of members.'^ 
 
 J Can. Com. J. [1872], 292, 203, 319, 330 ; Sen. J. 201-2. 
 2 Can. Com. J. [1878], 1(34, 165, 160, 171, 182 ; Sen. J. 183-85, 193. 
 »Can. Com. J. [1883], 429, 430, 431, 430 ; Com. Hans. 1396 ; Sen. J. 288- 
 290, 292-293. 
 
rRESEXTATfOX, 299 
 
 VI. Presentation of Addresses.— It was formoil y the practice 
 for the Canadian houses, separately, or Jointly, to wait 
 npon his ExeelL'Ucy the Governor-Cieneral with the ad- 
 dresses in answer to the speech.' When thi* address had 
 })een agreed to and ordered to be engrossed, it was resolved 
 that it be presented to his Excellency by the whole house, 
 and that such members as were of the executive coun(dl 
 do wait upon him to know his pleasure, when he would 
 be attended with the said address. One of the members 
 of the executive council would then inform the house of 
 the time when his Excellency would be ready to receive 
 them with the address." At the hour appointed the houses 
 adjourned during pleasure, and attended his Excellency, 
 generally in the executive council chamber,' but some- 
 times at government house.' The speaker, attended by 
 the serjeant-at-arms with the mace, and by the members 
 of the house, would proceed in carriages to the place of 
 meeting. On being admitted into the presence of his Ex- 
 cellency, the speaker read the address in both languages, 
 the mover and seconder being on his left hand. His Excel- 
 lency would reply, and then the house retired.^ In case of 
 
 ' Upp. C. Ass. J. [1792], 6, 7 ; Low. Can. As6. J. [1792], .58 ; Can. Ass. J. 
 [18-11], ()7 ; IL [1859], 01, &c. 
 
 - In the old assemblies of Upper and Lower Canada a deputation of 
 members was ordered to attend his Excellency to learn the time and 
 })lace for receiving the address. This deputation would report the answer 
 to the house. On December 2(J, 1792, wo lind this entry in the journals 
 of Lower Canada : " The house is unanimous that the siR^aicer set out at 
 noon, preceded by the serjeant-at-arms bearing the mace, that the mem- 
 bers follow to the chateau St. Louis, where 3ir. Speaker will read the 
 address, after which a member will read the same in English [-Mr. Panet 
 could not read E^nglish very accurately], that the clerk do follow the 
 house at some distance in caee of need, and that the house do return in 
 the same order." 1 Low. Can. J. 58, GO ; I Upp. Can. Ass. J. (3,7; 1 Can. 
 Ass. J. 67. 
 
 •' Quebec Mcrnmj, Tarl. Deb. Feb. 2S, 18(J3. 
 
 * Low. Can. J. [1792], GO ; Can. Leg. Ass. J. [1841], G9. 
 
 " The governor-general replied only in English to the addresses to the 
 old assembly of Lower Canada, and of the old Canada legislature. It was 
 usual for the speaker of the legislative council to read the speech to th& 
 
300 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 a joint address, the speakers of the two houses would pro- 
 ceed in state to the place of meeting, and would enter side 
 by side into the presence of the 2;ovcruor-general ; and the 
 president or speaker of the legislative council would read 
 the address to his Excellency in English and French.' On 
 returning to their resj^M-tive houses, the speakers would 
 always communicate the reply of which they had received 
 a copy on leaving the presence of the governor-general. 
 On such occasions the legislative councillors were in 
 full dress, as is always the case with the senators when 
 his Excellency opens and prorogues Parliament. The mem- 
 bers of the assembly, however, presented themselves in 
 their ordinary dress.' 
 
 The practice of presenting the addresses in answer to 
 the speech by the houses in a body continued up to 1867,^ 
 when i}:i nore convenient course was adopted of present- 
 ing such addresses by members of the privy council.^ It 
 had, however, for m.any years previous been the practice 
 to present addresses on general subjects, through execu- 
 tive councillors,' or the speakers of the two houses,*^ or by 
 committees of the same.^ Addresses for papers and re- 
 turns were formerly taken up by a committee, one of 
 whom would sometimes report the reply.** It was soon, 
 however, found for the convenience of the house to pre- 
 sent such addresses by members of the executive council f 
 
 two houses in French, after its dehvery by his Excellency. It was not 
 till the repeal of sec. 41 of the Union act of l.'^40 that the sjxieches were 
 delivered in French as well as English. Lord Elgin was the first to com- 
 mence the practice which has always been continued to the present time. 
 
 1 Leg. Ass. J. (1844-5) 317; Leg. Coun. J. 125. 
 
 ^ In conformity with an old parliamentary privilege, 2 Hatsell, 390 n. 
 ^Leg. Ass. J. [1866], 16, 17. 
 * Can. Com. J. [1867-8], 15. 
 ' 5 Leg. Ass. J. [1844-5], 437. 
 « Leg. Ass. J. [1841], 399 ; Leg. Coun. J., 112. 
 ''lb. [1841], 630. 
 8 lb. [1841], 99, 212. 
 » J6. [1841], 172. 
 
MESSAGES. 301 
 
 and th«' answers would bo hroncrht by oiio of the same;' 
 or b«^ sent down by message.- This practice is still con- 
 tinued, but the answers are now brought down by a 
 member of the government, to whom th»»y are transmitted 
 by the secretary of state.' The answer to the speech at the 
 opening of the session is always brought down by the 
 premier or other member of the cabinet in his absence ;^ 
 and the same practice obtains in respect to messages gen- 
 erally.^ Messages are alw^ays received by the members 
 standing and uncovered, when they are signed by his 
 Excellency's own hand.'^ In the Senate such messages are 
 generally read by the member who presents them ;' in 
 the Commons by the speaker."" In case they are again read 
 by the clerk in the Senate or Commons, members need not 
 be uncovered.'^ It is the usage, however, in the Common j 
 for members to remain standing and uncovered whilst the 
 speaker or clerk reads the message in French — the docu- 
 ment being always sent in the two languages. Messages for 
 the attendance of the house in the Senate chamber are 
 always brought by the usher of the black rod, and such 
 messages should be received by the house in silence, and 
 uncovered ; but members do not stand on such occasions — 
 that ceremony being reserved for written messages imme- 
 diately from the queen or her representative. 
 
 VII. Messages from Governor-General.— In accordance with 
 constitutional usage the governor-general meets the two 
 houses in person only on those occasions when he opens 
 or prorogues Parliament or when he assents to bills 
 
 1 lb. [1841], 191, 202. 
 
 - lb. [1841], 173, 201 ; lb. [1842], 49, 111. 
 
 * See su}na p. 279. 
 
 * Can. Com. J. [1872], 18 ; lb. [1877] 44 ; Sen. J. [1877], 50. 
 = Can. Com. J. [1872], 17; lb. [1877], 39, 44, 324, 333. 
 «i6. [1877], 44. 
 
 ^ Sen. J. [1867-8], 211 ; 1 b. [1877], 39, 50. 
 
 * Can. Com. J. [1877], 39. 
 9 2 Hatsell, 365 n. 
 
302 ADJflilCSSluS, MESSAGES AM) VOTES OF TIIAXKS. 
 
 in the course of the session. Other communiiations 
 "which take phiee during the session, i'rom the h«'ad of 
 the executive to the le^ishitive branches, or either of 
 them, are made by message. These messages are either 
 written or verhal. 
 
 Written mcssag(»s are confined to imi>ortant public mat- 
 ters which require the special attention of ParliamiMit. 
 The estimates for the public service,' and all despatches 
 from the Imperial government^ are brought down by mes- 
 sage, under the hand of his Excellency. 
 
 In the session of 1878, a ministerial crisis occurred in 
 th(^ province of Quebec, the deBoucherville ministry hav- 
 ing been <'alh'd upon to resign by the lieutenant-governor, 
 notwithstanding the fact that they were sustained by a 
 large majority in the legislature. The two branches ol' 
 the legislature passed addresses to the governor-general 
 and the two houses of Parliament, condemnatory of the 
 course pursued by the lieutenant-governor. These ad- 
 dresses were brought down by a message and read at the 
 tables of the two houses. The answer of the lieutenant- 
 governor was also brought down by message,' 
 
 In the session of 1880, a message was received from his 
 Excellency recommending the granting of ^100, 000 for the 
 relief of the great distress in Ireland. The message was 
 considered in committee, and a resolution to grant the 
 money adopted. An address was then passed, thanking 
 his Excellency for his message, and informing him of the 
 passage of the resolution. Subsequently a joint address 
 was passed to his Excellency, praying that he would cause 
 the issue of the money out of the consolidated fund. 
 Sometime later a despatch on the subject from the secre- 
 
 1 Can. Com. J. [1878] 37. 
 
 » lb., 45, 253. Sen. J. [1879], 159. 
 
 ^ Can. Com. J. [1878], 100, 106, 150. The message was printed only in 
 the V. and P ; both message and address appeared in full in the Senate 
 minutes of the 21st March, 1878. 
 
MEii,'SAa ES. 303 
 
 tary of state for tho colonies was transmitted to the houses 
 by his Excellency.' 
 
 A written messai^i^ is not requisite in cases where it is 
 necessary to Hi^T-nify the recommendation or consent of the 
 Crown to a motion involving the expenditure of public 
 money, or atpM-tin'^ the property of the dominion g-overn- 
 meut. A verbal message will be given in such cases by 
 a minister, as soon as he has madt^the motion in his place. 
 The cases where such recommendation or <onsent is ne- 
 cessary are fully explained in the chapter on supply. 
 
 Verbal mt'ssages may also be made in the sam(» way 
 when a member of either house is arrested for any crime 
 at the suit of the Crown, " as the privileijces of Parliament 
 require that the house should be informed of the cause 
 for which their member is arrested, and detained from his 
 service in Parliament."- In all cases in which the arrest 
 of a member for a <riminal otfence is communicated from 
 the Crown an address of thanks is voted in answer.' If a 
 member has been imprisoned for a contempt of court, it is 
 the duty of the presiding judge to communicate the fact 
 to the house ; and it is usual to refer the letter to a select 
 committee for the purpose of considering and reporting 
 whether any of the matters therein mentioned demand 
 the further attention of the house.^ 
 
 1 Com. J. [1880], 30, 35, 40, 57, 78, 375; Sen. J. 47-8. A similar ca.so 
 occurred in 1854, during tho Crimean war, when the Canadian Parliament 
 contributed the same amount towards the relief of the wounded and the 
 widows and orphans of the soldiers of England and France. Jour., pp. 
 309, 345, 346, 353, 354, 595. 
 
 ^ May, 512 ; 37 E. Com. J. 903 ; 103 lb., 888. 
 
 =« May, 512; 37 E. Com. J. 903; 70 lb., 70. 
 
 ♦ Case of Mr. Whalley, 1874 (129 E. Com. J., 11, 28, 71). In this case 
 the Parliament, of which Mr, Whalley was a luember, was dissolved, and 
 a new Parliament met when the chief justice made his report. He had 
 doubts, however, as to the necessity of making a report in this case ; but 
 he preferred to " run the risk of 'appearing to do that which may be 
 unnecessary to the possibility of appearing to be wanting in deference to 
 the houBe." The select committee reported that the chief-justice had ful- 
 
304 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 Whenever the governor-general sends a message to the 
 Senate, with reference to a matter requiring pecuniary aid, 
 it is usual for that house to present an address, declaring 
 its willingness to concur in the measures which may be 
 adopted by the other house/ It is the rule, in fact, in 
 both houses to answer by address all special messages 
 which refer to important public events ;" or to matters 
 connected with the interests, property, or prerogatives of 
 the Crown,'^ or which call for special legislative action/ 
 But in regard to measures relating exclusively to pecuni- 
 ary aid of any kind, it is only necessary for the House of 
 Commons to consider them in committee of the whole, on 
 a future day, when provision is made accordingly.^ When 
 the message contains a minute of council wath a recom- 
 mendation to Parliament, it is sufficient that the house 
 concur in a resolution on the subject.*^ 
 
 Vm. Addresses to Prince of Wales, I860.— The legislature of 
 Canada in 1859 passed an address to the queen praying 
 her Majesty to pay a visit to Canada.'^ At the commence- 
 ment of the session of 1860 the governor-general trans- 
 
 filled his duty in reporting the matter to tlie house, and that there was 
 no necessity for giving it further attention. Also case of Mr. Gray in 
 1882; 137 E. Com. J., 487, 490, 491, 504, 509. 
 
 • Sen. J. (18G7-8), 212, 214 ; 114 Lords J., 78. 
 
 -82 E. Com. J., 114; 239 E. Hans. (3)274, 290; 870, 1038. 
 
 •' 85 E. Com. J., 466 ; 89 lb., 578 ; Leg. Ass. J. (1861), 72, 84, &c; Can. 
 Com. J. (1867-8), 224. 
 
 ' 85 E. Com. J., 214 ; Can Com. J. (1867-8), 189, 201 ; lb. (1880), 40 (Irish 
 relief.) 
 
 ^ May, 512 ; 86 E. Com. J. 488, 491 ; 105 lb. 539, 544 ; 129 lb. 83, 96, (Sir 
 Garnet Wolseley) ; 137 76., 112, 116, 120 (Marriage of Prince Leopold); 
 Can. Com. .T. [1867-8], 347 ; lb. [1869], 22, 29 ; lb. [1877], 39, 44, 324, 333. 
 In the old legislative assemblies it was the practice to send answers to all 
 messages (which were very frequent in early parliamentary times) in the 
 shape of resolutions or addresses ; Low. Can. J. [1792], 108 ; lb. [1799], 
 140, 150. 
 
 ® Establishment of provisional districts in the N. W. T. Can. Com. J. 
 [1882], 415, 509. 
 
 " Leg. Ass. J. [1859], 392, 408, 422. 
 
ADDRESSES TO THE PIUXCE OF WALES. 305 
 
 mitted a despatch from the secretary of state for the 
 colonies, in which her Majesty expressed her sincere 
 regret at not being able to comply with " this loyal in- 
 vitation," and informed the Canadian people that the 
 Prince of Wales proposed visiting this dependency of the 
 empire. The two houses of the legislature then passed ad- 
 dresses congratulating the Prince on his arrival in Canada, 
 which addresses were ordered in each house to be " pre- 
 sented by Mr. Speaker with the mace, attended by such 
 honourable members of this house as may be present on 
 the occasion." ' The addresses were presented separately 
 in the Parliament House at Quebec, on the 21t;t of Au- 
 gust, 1860. The Prince of Wales, received the tw^o houses 
 in the chamber of the legislative council, whi(^li had 
 been appropriately decorated for this memorable cere- 
 mony. The address of the legislative council was first 
 presented by the speaker, who was preceded by the gen- 
 tleman usher of the black rod and the serjeant-at-arms 
 with the mace, A number of members of the council 
 together with the clerk and other officers, were present in 
 full dress. The speaker advanced and read the address,, 
 first in English and then in French ; and the Prince 
 delivered the reply also in the two languages. The ad- 
 dress of the Commons was delivered w^ith the same cere- 
 monies. The two speakers, Mr. N. F. Belleau and Mr. 
 H. Smith, on that occasion received the honour of knight- 
 hood at the hands of his Royal Highness. When Parlia- 
 ment assembled in 1861, the speakers laid the reply of the 
 Prince to the addresses before the tw^o houses, and in- 
 formed them that " after the reception of the address, the 
 hon. members then present were severally presented to 
 his Royal Highness, who received them very graciously.- 
 The speaker of the assembly also communicated the fact 
 that he had received the dignity of knighthood which he 
 
 ' Leg. Coun. J. [1860], 270, 285 ; Leg. Ass. J. 4, 435, 454. 
 ■^ IL Dents' Canada since the union, c. 38. 
 
 20 
 
300 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 was " persuaded was conferred for uo service or merit of 
 his own, but as a distinguishing mark of royal favour and 
 approbation from our most gracious sovereign to the faith- 
 ful Commons of Canada, whose representative on that 
 auspicious occasion it was his happiness to be." ^ 
 
 IX. Thanks to Distinguished Persons.— Letters from distin- 
 guished individuals, in return to thanks of Parliament 
 communicated to them by order of the house, are alwa^^s 
 laid before the same by the speaker, and being read, are 
 ordered to be regularly entered in the journals." Such 
 thanks are voted to distinguished persons, chiefly officers 
 of the army and navy, who have performed signal ser- 
 vices which demand some recognition from Parliament. 
 Such motions should be made by members of the govern- 
 ment concurrently in the two houses.^ No cases have 
 occurred in Canada since the war of 1812-15.^ 
 
 ^ Leg. Coun. J. [1861], 114, 115 ; Leg. Ass. J. 7, 8. No such official state- 
 ment was made in the legislative council by the speaker. 
 
 ' 151 E. Han6. (3), 2152 ; 152 lb. 211. Low. Can. J. [1814], 114, 180. 
 
 ^ 148 E. Hans. (3), 880, governor-general of India, &c. ; generals of In. 
 dian army ; 149 E. Hans (3), 252, 253 ; 1 Todd's P. Gov. 308, where this 
 subject is fully treated. The officers thanked by name should be in 
 chief command (Mirror of P. 1841, p. 222), but others may bo thanked 
 collectively ; 130 E. Hans. [3], 324. Also, 249 E. Hans. (3), 2 [gov.-gen. 
 and army of India]. Also, 137 E. Com. J. 492 [Egyptian expedition]. 
 
 * Brigadier-General Proctor ; Low. Can. J. for 1813 and 1814. — Colonel 
 -de Salaberry for conduct at battle of Chateauguay ; Low. Can. J. 1814, 
 pp. 92, ISO. — Colonel Morrison, for defeat of Boyd at Chrystler's farm ; 
 Low, Can. J. 1814, pp. 92, 114.— Also, to Colonels Fitzgibbon, MacXab and 
 others ; Upp. Can. Leg. Coun. J. [1838], 17, 106, 113, &c.— To Colonel Kad- 
 diffe and volunteers of Upper Canada ; Leg. Ass. J. [1838], 29, 234-5. 
 
CHAPTER XL 
 
 * 
 
 MOTIONS IN GENERAL. 
 
 I. Notices of motions. — II. Rules and usages relative to motions. — III. 
 Motions relative to public business. — IV. Questions of i)rivilege. — \. 
 Motions of want of confidence, not ]>rivileged. — VI. QueBtions put by 
 members. — VII. ^lotions in amendment. — VIII. Dilatory motions: 
 adjournment; reading orders of the day; i)revious (juestion; amend- 
 ments to such motions. — IX. Renewal of a ouestion during a session. 
 
 I. Notices of Motions.— "VYheu a member proposes to bring 
 any matter before either house with the view of obtaining 
 an expression of opinion thereon, he must make a motion 
 of which he must give due notice for consideration on 
 some future day, unless it be one of those questions of 
 privilege, or urgency which, as it will be shown hereafter, 
 may be immediately considered. Rule 14 of the Senate is 
 as follows : — 
 
 " One interinediato du^-'s notice, in writing, mast be given of 
 all notices deemed special."' 
 
 "When a senator intends to give notice of a motion, it is 
 usual for him to rise in his place, at the time fixed for rou- 
 tine business, and read the notice which is handed to the 
 clerk, so that it may appear in its proper ploce in the 
 minutes of proceedings.^ 
 
 When a question has been once and sufficiently con- 
 sidered, the house will not agree to its renewal. In 1880, 
 a senator rose and gave the usual notice of f)roposed reso- 
 lutions, but objection was at once taken on the ground that 
 
 ^ Sen. Deb. [1871], 23, 27, 61, 88, &c.; Ih. [1872], 15; lb. [1874], 8; lb. 
 [1875], 210 ; remarks of Mr. Speaker Christie as to practice. 
 
308 MOTIONS IN GENERAL. 
 
 the matter had been already disposed of otherwise. The 
 Senate finally resolved that " the notice should not be re- 
 ceived by the clerk," inasmuch as the su})ject-matter thereof 
 " had already been considered during the present session 
 and referred to the committee on contingent accounts."' 
 
 It is not an unusual practice in the House of Lords — and 
 the same has been sometimes followed in the Senate — to 
 allow a member, in giving- notice, to make remarks of an ex- 
 planatory character as to the nature of the motion, as to the 
 reason for proposing it, as to the course the member intends 
 to pursue," but no remarks of a controversial or argumen- 
 tative character should be made, nor will any debate be 
 permitted at such a stage, when the house has had no 
 opportunity of considering the subject-matter of the 
 motion.^ No notice, need be given in the Senate of public 
 bills.' Neither has that body any special rule, like that of 
 the House of Commons, requiring a seconder ; but it is the 
 practice, nevertheless, to have a motion duly seconded.'' 
 
 As soon as a member of the House of Commons has 
 prepared his motion, he will hand it to the clerk, or clerk 
 assistant, whose duty it is to see that it is in order," 
 
 ' Sen. J. [1880], 201-2; Hans., pp. 370-5. See somewhat analogons Eng- 
 lish case (cited by Mr. Dickey in debate), 7th Jnne, 1858, when Ix)rd 
 Kingston gave notice of certain questions. The lords resolved that the 
 questions had been sufficiently answered, and would not permit the 
 renewal of the subject. 
 
 - 141 E. Hans. (3), 1383 ; 145 lb., 18G9 ; 149 Ih., 1193, 1700; 157 IK, 930; 
 210 lb., 378. Can. Pari. Deb. [1870], 77(1 
 
 •■' 164 E. Hans. (3), 175. In fact, the necessity of giving notice precludes 
 any debate; such explanations as are made are given with the indulg- 
 ence of the house. 
 
 * R. 39 ; chapter on public bills. Private uiils are brought in on petition. 
 
 •''Sen. J. [1878], 190, 191,193; lb. [1883], 227, &c. In the Lords any 
 lord may submit a motion for the decision of their lordships without a 
 seconder — the only motion requiring a seconder, by usage, being that for 
 the address in answer to the queen's speech. 109 Lords' J., 10, 35, 70, 92, 
 93 ; May, 296. 
 
 ^ The clerks at the table may amend notices if they are irregular. The 
 proper and convenient course is for the clerk to direct the attention of the 
 
RULES RELATING TO MOTIONS. 309 
 
 and to insert it in its proper place in the votes and pro- 
 ceedings. Rule 31 orders : — 
 
 "Two days' notice shall be given of a motion for leave to pro- 
 sent a bill, resolution, or addi-ess, for the appointment of any 
 committee, or for the putting of a question; but this rule shall not 
 apply to bills after their inti-oduction, or to private bills, or to the 
 times of meeting or adjournment of tlie house. Such notice to be 
 laid on the table before 5 o'clock, p.m., and to be printed in the 
 votes and proceedings of that day." 
 
 The latter part of this rule is not very strictly carried 
 out — the practice being to accept motions up to six o'clock 
 in the evening. A motion sent in on any sitting day will 
 appear according to the order of its presentation at the end 
 of the votes and proceedings of the following day, and on 
 the order paper among the notices of motion on the second 
 day after its receipt at the table. Notices of motion for the 
 introduction of bills appeared up to 1870 only in the 
 votes and proceedings, and were brought up when motions 
 were called during the progress of routine business, but 
 now they are x^ljiced first on the order paper. 
 
 n. Rules Relative to Motions.— All motions in the Commons 
 must be in writing or print, and seconded before they can 
 * be proposed from the chair'. It is the common x^ractice for 
 members to obtain their motions from one of the clerks 
 assistant who has them prepared in print from the votes 
 and proceedings. The 33rd rule provides as follows : — 
 
 " All motions shall be in writing and seconded, before being 
 debated or put from the chair. When a motion is seconded it shall 
 
 speaker to any special irregularity, who will communicate, if possible, 
 with the member ; but in ordinary cases the clerk may confer with the 
 member himself ISS E. Hans. (3), 106G. See infra, p. 323. 
 
 1 222 E. Hans. (3), 421 ; 226 IK, 3SG (no seconder, and motion not put.) 
 The speaker in the Canadian Commons even ruled on one occasion that 
 the motion for the adjournment of the house should properly be in writing ; 
 but the practice has been invariably not to enforce the rule with respect 
 to such purely formal motions. Author's Notes, April 3, 1878. 
 
310 MOTIONS IN GENERAL. 
 
 he read in English and in French by the speaker, if he be familiar 
 with both hinguagcs; if not, the speaker shall read the motion in 
 one hinguage and direct the clerk at the table to read it in the 
 other, before debate."' 
 
 No motion is regularly before the house until it has been 
 read, or in parliamentary language, proposed from the chair, 
 when it becomes a c|uestion.- When the house is in this 
 way formally seized of the question, it may be debated, 
 amended,' superseded,' resolved in the affirmative,'' or 
 passed in the negative," as the house may decide. If a 
 motion be out of order, the speaker will call attention to 
 the irregularity, and refuse to put it to the house under 
 rule 37: 
 
 " Whenever the speaker is of opinion that a motion offered to 
 the house is contrary to the rules and privileges of parliament, he 
 shall apprise the house thereof immediately, before putting the 
 question thereon, and quote the rule or authority applicable to 
 the case." 
 
 Consequently if, on reading the motion, he detects an 
 irregularity, he will at once apprise the house of the fact 
 without waiting to have a point of order raised.'^ 
 
 It seems from the English authorities to be the duty of 
 the speaker to take it for granted that whoever addresses the 
 house will do it in order, and he may well presume there- 
 fore, that a member proceeding to speak, when there is no 
 question before the chair, will conclude with a motion and 
 bring himself in order.*^ 
 
 * See supra, pp. 217-19 on the use of the French language. 
 
 - May, 298. 
 
 3 Can. Com. J. [1876], 69. 
 
 * Can. Com. J. [1870], 237 ; Sen. J. [1876], 132 ; 121 E. Com. J., 78. 
 5 Can. Com. J. [1877], 60, 80 ; 129 E. Com. J., 114. 
 
 « Can. Com. J. [1877], 132; 129 E. Com. J., 112. 
 
 ^ 76 E. Hans. (3), 1021 ; 112 E. Com. J., 157 ; 115 lb., 494 ; May, 298. 
 See supra, p. 167, as to the duty of the speaker under such circumstances. 
 
 8 Pari. Reg. [62], 200; 224 E. Hans. (3), 1236 ; Can. Hans. [1879], 1983-5. 
 But there is manifest convenience in requiring that the member should 
 first read his motion. After he has concluded his speech it may be fonnd 
 
COMPLICATED QUESTIOXS. 311 
 
 Motions are frequently proposed and then withdrawn, bnt 
 this can be done, under rule 31 of the Commons, only " by 
 leave of the house, such leave bein<^ granted without any 
 negative voice." The IGth rule of the Senate goes further 
 and will not allow a member even " to modify " his motion 
 except with the unanimous consent of the house. The 
 motion, when proposed from the chair, must appear in the 
 journals as withdrawn with the leave of the house.' If an 
 amendment has been proposed to the motion, it must be 
 first withdrawn before leave can be given to retire the 
 main question.- AVhen a member expresses his wish to 
 withdraw his motion, the speaker will ask: "Is it the 
 pleasure of the house that the hon. member have leave 
 to withdraw his motion ?" and if there be no objection 
 the motion will be withdrawn, and so entered on the 
 journals ; but if a member dissents the speaker must put 
 the question.'^ 
 
 As respects what are known, in parliamentary lan- 
 guage, as " complicated questions," they may always be 
 divided into distinct parts with the consent of the house. 
 No individual member, however, can ask, as a matter of 
 right, that such a question be divided, since the house 
 alone can properly decide whether it is (complicated or not 
 and into how many propositions it may be divided. The 
 fact is, the necessity of dividing a complicated question 
 may be obviated in a great measure by moving amend- 
 ments to it. Bnt, in any case, it is always open to a mem- 
 ber to move formally that a question be divided.^ 
 
 that the motion is out of order or otherwise not dehatablo. The pre- 
 cedent in the Canadi^^n lionse, just cited, shows that, while tlie practice is 
 as stated in tlie text, it is not one to l>e encouraged. See remarks on the 
 subject in Waples' Handbook of Purhamontary Practice, p. 110. 
 
 ' Can. Com. J, (1877), 36 ; 129 E. Com. J. 215 ; ISO E. Hans. [3], 887 ; 
 Sen. J. (1867-8), 277 ; lb. (1882), 66. 
 
 '' Can. Com. J. (1876), 227 ; 129 E. Com. J. 215 ; 223 E. Hans. (3), 1149 ; 
 227 lb. 787 ; 230 lb. 1026 ; 250 lb. 1540-41. 
 
 ' 186 E. Hans. (3), 887 ; May, 299. 
 
 * 2 Hatsell, 118-120. 
 
312 MOriOXS IX GENERAL. 
 
 A motion which contains two or more distinct proposi- 
 tions may be divided so that the sense of the house may 
 be taken on each separately.' In the case of motions res- 
 pecting select committees especially, it is the practice of 
 the Canadian house to combine several propositions in one 
 — that is to say, the object of the committee, names of 
 members, number of quorum, power to send for persons 
 and papers, etc. But in the session of 1883, Sir John 
 JVIacdonald follow^ed the more correct English practice of 
 ■separating the diflerent parts of a notice of motion respect- 
 ing a committee on the subject of licenses for the sale of 
 intoxicating liquors. This is the more logical and conven- 
 ient form of procedure, since it gives the house an oppor- 
 tunity of decidinir on each distinct proposition.^ 
 
 A motion on the order paper must be in accordance with 
 the notice in the votes ; and should a member desire to 
 substitute another, or alter its terms, he must first obtain 
 the leave of the house.^ 
 
 In the English house there is no special rule, as in the 
 Canadian Parliament, as to the interval between the notice 
 and motion, but it is always necessary that " the terms of a 
 motion or question should be printed at length in the votes 
 at least one day " previously to being brought up in the 
 house.* But this rule is not applied to resolutions to be 
 proposed in committee of the whole.' It is considered 
 sufficient if a member gives notice of the purport of his pro- 
 posed resolution. The convenience of the house, however, 
 is best consulted in the case of every important question by 
 giving the resolution in full in the votes a day before 
 
 1 253 E. Hans. (3), 1763-4. 
 
 ^ Can. Com. J. [1883], 125-8, and Votes, p. 142. For examples of Cana- 
 dian practice respecting committees, see Jour. 1879, pp. 248-9. For English 
 practice, 137 E. Com. J, 65-0. 
 
 ■•' Can. Com. J. [1873], 326 ; 78 E. Hans. (3), 717 ; 212 76. 218, 219 ; 235 
 . b., 904 ; Can. Hans. [1876], 535 ; lb. [1879], 1251. 
 
 * 148 E. Hans. (3), 865 ; 205 lb., 774 ; 207 lb., 143 ; May, 286. 
 
 ^ May, 286. Sardinian Loan, E. Com. J., June 12, 1856. 
 
MEMBERS riiOVOSE THEIR OWX MOTIONS. 313 
 
 it is to bo considered in committeo ; and this is uow 
 invariably done in the Canadian Commons.' 
 
 If a member refuses to proceed with amotion, the house 
 cannot for«'(; him to do so, but he has a rii^ht to drop it." A 
 member who has given notice of a series of resolutions 
 may withdraw some of them and ii'o on with the others.^ 
 A member may not propose a motion in the absence of 
 another who has placed it on ih(^ notice paper, except with 
 the general <^onsent of the house.' ^lerely ibrmal motions • 
 for the adoption of reports or for certain papers to which 
 there is no objection, are frequently permitted to be mad(\' 
 but all motions involving discussion must be proposed by 
 the member in whose name they appear on the pajx'r. For 
 instance, in the session of 1877 Mr. Speaker interrui)ted 
 a member who was proceeding to move a resolution with 
 reference to a prohibitory liquor law, in the absence of Mr. 
 Shultz, in whose name it appeared on the notice paper.'' It 
 is quite customary for m.embers to send in notices in the 
 names of absent members who have requested them to do ' 
 so.'^ Ministers also have the privilege to propose the motions 
 of their absent colleagues. One member ma)" take charge 
 of a public bill in the absence and with the permission of 
 another member. When a member has dropped a public 
 
 ^ Res. rcspectinjjT inland revenue, adulteration, gas and eras metres, 
 V. and P. of Feb. 15 (pp.43) and 23 Feb. (p. 70-7); 20 March, 1S77 (pp. 
 172-3) ; Can. Hans. [1877], 248, ^'53-55. Here Mr. Lallamnie (niinieter of 
 inland revenue) only gave, in the lirst instance, notice of the substance 
 of the proposed resolutions ; but subsequently he published them in 
 detail in the votes before he moved them in committee of the whole. 
 
 2 32 Pari. Reg., 43. 
 
 ^ Mr. Gladstone's motion, 234 E. Hans. (3), 38.5. 
 
 * May, 257-8. 231 E. Hans. (3), 062. where we find the si)eaker would 
 not allow a member to move a clause in a bill of which notice had been 
 given by another member. 
 
 * For instance, March 4th, 1S78'; Sir J. A,;Macdonald, in absence of 
 Dr. Tupper; Mr. Taschereau, of Mr. Frechette. Can. Hansard, pp. 721, 
 738. Very commonly done in 1879 and subsequent years. 
 
 ® Author's Notes. Also, Northern R.R., Can. Hans. [1877J, I'JO. 
 ^2E. Hans. (1), 439. 
 
n 1 4 MO TTOXS IN GESEUA h. 
 
 hill, or it has disappeared from the order paper it may 
 be moved hy another mem])er.' If a member should ])e 
 iiuseated in th(i course ol' a session, another niem})er will 
 not be permitted to propose a motion which appears on 
 the paper in the name ol' the former, though of course he 
 may renew it on his own Ix'half.- No member may move 
 the discharge of a bill without notice, in the absence of 
 the member who has it in charge and who has not given 
 any such permission.' Neither can any motion be with- 
 drawn in the absence of the member who proposed it ; 
 but it may be negatived or agreed to in such a case on 
 the question being put formally from the chair.' 
 
 III. Motions relative to Business.— It has been decided in the 
 English Commons that a motion, even in reference to the 
 business of the house, can only be taken up out of its 
 appointed order by " universal assent." For instance, 
 when it was proposed in the English Commons to take 
 up immediately, out of its regular place, a motion to the 
 eiFect that for the remainder of the session certain days 
 should be at the disposal of the government, Mr. Speaker 
 Brand decided that this could only be done with the general 
 consent. " "With the permission of the house," he said, " a 
 motion relating to the business can be made without 
 notice. If it is the pleasure of the house that the motion 
 
 ' Can. Sp. D 109. Tho Insolvency Bill, 1876, introclnoed by Mr. Boiirassa, 
 disappeared from the order paper (the house refusing to read it then a 
 second time), but it was revived by Mr. Caron ; Journ., pp. 113, 245. It is 
 usual to allow a member to bring in a bill for another when there is no 
 opposition, but not when opposition is expected ; Mr. Sp. Brand, 209 E. 
 Hans. (3), 330. 
 
 '^ Mr. Langevin's motions, March 5, 1877. 
 
 3 187 E. Hans. (3), 208 ; 216 Ih., 268, 276-7 ; 240 Ih., 1675 ; 247 Ih., 1403. 
 
 * 159 E. Hans. (3), 1310. In 1880 Mr. Schultz moved that the house go 
 into committee of the whole on a North-West Colonization Land Bill, but 
 the debate was adjourned, and when the question was again taken up, Mr. 
 Schultz was absent. The motion for committee was then negatived and 
 the bill withdrawn. Can. Com. J., po. 249, 266. 
 
ItKLATISa TO BUSINESS. 815 
 
 should be put at once I shall do so, but this must \w by 
 ireiuTal assent. It' there had })eeii a sinirle dissentient 
 voiee I would liave su})niitted to the liouse that such a 
 (juostion could not be put."' In 1S71), a similar case 
 arose in the Canadian House oi'Commons, and Mr. Speaker 
 Blanchet decid«'d that the motion could be made only in 
 its regular order. At the close of the day's proceeding, it 
 was made with thc^ general assent of the house." Tlie 
 24th rul(^ provides for all items on the order pa])er being 
 taken vip in their regular order." 
 
 Many motions known as "unopposed"* are frequently 
 made without notice, in accordance with the i>2nd rule of 
 the Commons, which provides : 
 
 "A motion may be made by uiianinious consent of llie bouso 
 without previous notice." 
 
 These motions refer to the adjournment of th(^ house 
 over a holiday or a religious festival,' to leave of abseiice 
 for members, to the addition of members to committees, 
 and to other matters connected w^ith the business of the 
 house.*' But, as already shown, if any member object to 
 such motions being made without notice they cannot be 
 pressed.^ It may be properly added here that it is the 
 general practice in the English Commons to give preced- 
 ence to a motion respecting the adjournment of the house 
 (of which notice has been given) over other business.** 
 
 1 22G E. Hans. [3], 94, 127. 
 
 ^ Can. Hans. [1879], G50. On government clays, all government notices 
 appear and are first taken up on the order paper. 
 
 •■' Supra, p. 253. Can. Hans. [1880-1], 140-1-2. In this case it was attempted 
 to take a notice of motion out of its place, and give it priority, which, of 
 course, could not be allowed. 
 
 * Any busine!?s may be considered " unopposed " when no notice of 
 opposition is given. — Mr. Sp. Brand. 
 
 * Supra, p. 241. 
 
 « Can. Com. J. [1867-8], 247, 422, &c. ; lb. [1873], 370. 
 
 ' May, 288; 220 E. Hans. [3], G74 ; Can. Hans. [1878], 529. 
 
 ** 240 E. Hans. [3], 1076 ; 252 lb. 422 ; 261 Ih. 1335. 
 
316 MOTKiSS IS CESEUAL. 
 
 IV. Questions of Privilege. — Qu»»sti()iis of privilcs^'o may 
 ill ways b(^ coiisidcn'd in cither house' without the iiotici; 
 lUM'ossjiry in the case of luolions L»-eiierally. liy the ,'}Htli 
 rule of tlie Conunoiis it is provided : 
 
 " Wlieiu'vei' any nialter of privili'i^i^ arises, il shall lie t:il<rn 
 into conHidcration irniiu'diately." 
 
 It is usually the practice in the Housi^ of Commons to 
 brini»- up a question of privilei^e alter i)rayers, and hefon; 
 the liouse has taken u[) the orders ol tln^ day. Only in 
 very ai;"i^'ravate<l cases, rc([uirini^' the innnediale interposi- 
 tion of the house, will any business he suddtMily inter- 
 rui)ted. If a inember is insulted or atta«'ked, or some 
 disorder su<ldenly arist's a debate may be interrui)ted ;- 
 for, as it has been clearly expressed by an ancient author- 
 ity, "whether any (piestion is or is not l)efore the house; 
 and even in the midst of another discussion, if a member 
 sliould rise to complain of a breach of the privilei»'es of the 
 liouse, they have always instantly heard him." ' 
 
 Questions of privilege are very varied in their chara ter, 
 but it may be stated in general terms that they refer to 
 all matters allecting the rights and immunities of the 
 liouse collectively, or of members in their representative 
 character. In this category may be placed : motions 
 touching the seat or election of members ;' reilections or 
 libels in books and newspapers on the house or members 
 thereof," or aiiy of its committees ;" forgery of signatures 
 
 » Stni. Deb. [ISTO], 325. 
 
 ■■^ 05 E. Com. .T. l:!4 ; 7t) lb. 483. 
 
 =• Mr. Williams AVynn, Fob. 11, 1S3G ; Mirror of P. vol. 31, p. 1)7. 
 
 * Election returns of Muskoka, West reterborou<^li [1^73], 5, 0, 10, 37 ; 
 Louis Kiel, 15th April, 1874 ; members alleged to bo public contractors, 
 April 9th and 14th, 1877 ; supra, pp. 131-3. Carlow election, 91 E. Com. J. 
 24 ; Stamford election, E. Com. J. 1848, May 10 ; 98 E. Hans. [3J, 931 ; 97 
 E. Com. J. 263 ; 245 E. Hans. [3] 518. 
 
 *Mr. Plimsoll, E. Com. J. 20th Feb. 1873. Morning Freeman smdi Coxirrlcr 
 d'Outaouais, Can. Com. J. [1873], 133, 107 {supra p. 193] ; Mr. Pich^ [clerk 
 asst.], Feb. 19th, 1878, Can. Hans. See supra, p. 192, chapter on privileges. 
 
 « Mr. K. S. France, 129 E. Com. J. 182. 
 
(^IKSTIOSS OF I'lilVILimi:. 
 
 Ml 
 
 1(» |)('lilions ;' molious lor new wrils;- (|u««.s<i(ms iifrcdinn- 
 ill*' iiilcriial (M'onoiny or i)r()C('«'(linus oC llic liousc;' iippli- 
 ("itions lor the (liscluirii'tM)!" persons in llio cuslody of the 
 st'rj<'ant-;U-;irins ; ' inlorlenMicc ol olli<i.il.s in vlcctions.' 
 Prinid lnri(\ \\\\y ()iirstioii allrctinn' Ji incnilM'r is (onsijh-rcd 
 a <as(' of privilciic but in order lo enlille a nienilxT lo 
 ])rinu' it up on that jrvound he must, hIiow lliai it alIe<iH 
 him sincn; he became a meml)er ol" lliis house, and con- 
 sequently in his cliaracter ola member.'' In the Canadian 
 Commons memlM'rs are constantly in the habit of correct- 
 ing reports ol' their speeches, or inaccurate stat<'mentH in 
 the press on the irround of privile<r(! ;' and such i)ersonal 
 explanations are always i)atiently heard l)y the house. 
 But it is very (dearly laid down by tlie Ennlish authorities 
 that it" a member has a (complaint to make of a newspaper, 
 he shouUl formally move to have it read at the table, and 
 then mak(i a motion in relation thereto, if h«; desires to 
 have the matter discussed aud dealt with ])y the house."* 
 If a member rise to make a personal explanation i'l the 
 English Commons and proceed in the course of his 
 remarks to complain of attacks in a new^spaper, he is not 
 allowed to proceed unless he is prepared to take tlie 
 proper parliamentary course under such circumstances." 
 
 ' E. Com. J. 1865, May 8, Azcem Jah. ; 17S E. Ilaiis. (3), 1<)04 ; 238 Tl,. 
 1737-41. 
 
 - iMr. Xorris, Can. Com. J. [1S77], 2()4 ; 14(> E. Hans. 770; 218 lb. 12i;2, 
 1843-4. A report of a select coniniittec^ on the issue of a writ lias been 
 treated as a question of privile<re as afiectinfr the seat of a inenil>or ; 24 
 5 E. Hans. (3), 576-8. 
 
 •'' Translation of otHcial debates. Can. Hans. [1870], 112 ; Can. Hansard 
 oominittee, April 11th, 1878, p. 16. 
 
 * Washington Wilks, 150 E. Hans. (3), 1314, 1404. 
 
 '" AVelland and Chicoutimi elections, Can. Cora. J. [1873], 190, 269. 
 164 E. Hans. (3), 1286. Supra, p. 192. 
 
 ' Can. Hans. 1878, Feb. 18th. 
 
 « 150 E. Hans. (3) 1022, 1066, &c. 219 lb. (3), 394-G ; 239 lb. 536 ; 261 
 Ih. 1667-70 ; 184 lb. (3), 1667. See chapter on privileges (p. 192, n.), where 
 a number of cases in point are given in full, 
 
 » Mr. Bailie Cochran, 184 E. Hans. [3] 1667. 
 
818 
 
 MOTIONS IN GENERAL. 
 
 And if a member brings forward a matter of privilege of 
 this character the motion with which he concludes should 
 be relevant thereto.' 
 
 It is the practice to give questions of privilege the pre- 
 cedence over other matters when they appear among tln' 
 notices of motions. For instance, a notice for the expul- 
 sion of Louis Kiel, which was low down among the 
 notices, was given the priority on the 15th of April, 1874. 
 The question was immediately taken up after half-past 
 seven, when the speaker resumed the chair, though an 
 hour was set apart by standing order 19 for the considera- 
 tion of private bills. On the following day the samt* 
 question had the precedence, though it was a government 
 day." In 1877 a motion for a new writ for Linc^oln, in 
 place of Mr. Norris, who had entered into a publi(" con- 
 tract, was placed among the notices ; but it was taken up 
 on motion of Sir John A. Macdonald, without any obje( - 
 tion being made, on a day when notices of motion were not 
 likely to be reached.' Sir Erskine May has this observa- 
 tion on the subject : " It has been said that a question of 
 privilege is properly one not admitting of notice ; but 
 where the circumstances have been such as to enable the 
 mem.ber to give notice, and the matter was, nevertheless, 
 bond fide a question of privilege, precedence has still been 
 given to it." ' 
 
 When a debate on a question of privilege has been 
 adjourned until a future day, priority will still be given 
 to it. We have seen that this was done in the case oi' 
 Louis Kiel, mentioned in a previous page, and there are 
 
 » 219 E. Hans. [3], 396. Blackmore's Sp. Dec. [1882], 108. 
 
 -' Can. Com. J. and Votes, 1874, Ajiril 15 and 16. 
 
 ■' Can. Com. J. [1877], 26-i. On another occasion the speaker decided 
 tliat a motion for the adoption of the report of a committee on printing 
 and reporting partook of the character of privilege, and might therefore 
 take precedence over the other notices, when they were reached ; Can- 
 Hans. [1876], 343-4. 
 
 * May, 291. Expulsion of James Sadleir, 143 E. Hans. (3), 1386; 144 
 lb., 702. Case of Mr. Bradlaugh, 261 Ih. 218, 282, 431. 
 
QUESTIONS OF PRIVILEGE. 319 
 
 numerous pri'cedoi::s in the English journals illustrat- 
 ing the same point/ In the session of 1883 a motion was 
 made without noti(?e in the Canadian house respecting a 
 double return tor King's County, iu Prince Edward Island. 
 The debate thereon was adjourned without fixing a day or 
 giving the motion a place on the orders ; but it was taken 
 for granted that it would have precedence whenever the 
 house was ready to resume the subject. This precedence 
 was accordingly given the question on a later day, and 
 on every occasion when it came before the house." But 
 the house will refuse any priority over other motions 
 when the question is not bona fide one of privilege, or it 
 is not of an urgent character. ' The speakers of the English 
 Commons have decided that " in order to entitle a ques- 
 tion of privilege to precedence over the orders of the day, 
 it should be some subject which has recently arisen, and 
 which clearly involves the privileges of the house and 
 calls for its immediate interposition." ' 
 
 V. Motions of Want of Confidence.— "When a motion of want 
 of confidence in the government of the day is under con- 
 
 1 92 E. Com. J. 450 ; 38 E. Hans. [3], 142!) ; 95 E. Com. J. 13, 15, 19, 23, 
 70; 51 E. Hans. [3], 190, 251, 358, 422 ; 52 lb. 7 ; 238 lb. 1741 ; 120 E. Com. 
 J. 252. 
 
 '^ Can. Com. J. [1883], 68, 101, 107, 257. See remark.s of Mr. Speaker 
 Kirkpatrick as to precedence of such a question, Hans. p. 102. Incase it is 
 proposed to take the debate up on a particular da}% it should be so fixed 
 in adjourning the debate. See Mr. Phmsoll's case, 17th Feb., 1880, 135 E. 
 Com. J. 
 
 •' 14G E. Hans. [3], 7G9 ; 159 lb. 2035. 
 
 * 159/ /i. 2035 ; 174 //>. 190. Motions calling attention to imputations 
 on members have sometimes been treated as questions of privilege in the 
 English House of Commons and have consequently liad precedence given 
 to them, but more frequently have been treated as ordinary motions ; 
 but whenever they have been treated as privilege, urgency has been of 
 the essence of the motion. Mr. Speaker Brand, 253 E. Hans. [3], 432-3 ; 
 Blackmore's Sp. Dec. [1882], 165-G. See a case where it was decided 
 that a motion with respect to the arrest of a member who had been some- 
 time in prison could not be treated as a matter of privilege since urgency 
 could not apply ; 261 E. Hans. [3], 692-94. 
 
320 MOTIONS IN GENERAL. 
 
 sideration, it is cuslomary to give it precedenco over all 
 other matters, and to eontiuue the debate from day today 
 until it is concluded. But it is only with the unanimous 
 consent of the house that the order of uusiness, as ar- 
 ranged under the nineteenth rule, can be disturbed. In 
 the session of 18Y6, Sir John Mai^donald, then leader of 
 the opposition, moved an amendment in favour of protec- 
 tion to Canadian manufactures and industries, on the mo- 
 tion for going into committee of supply. Previous to the 
 adjournment of the debate, Mr. Mackenzie, the premier, 
 pointed out that the motion was equivalent to one of want 
 of confidence in the jjovernment, and contended that on 
 that account the debate should take precedence of all other 
 matters until it was concluded. He pressed its continu- 
 ance on the following Monday (the debate having com- 
 menced on Friday), which, under rule nineteen, is de- 
 voted to notices of motions and other private busi- 
 ness. It was pointed out, on the other hand, and with 
 obvious truth, that it was entirely irregular to interfere 
 with the appointed order of business, unless the house 
 agreed unanimously to suspend the standing order, or 
 there was an urgent question of privilege under consid- 
 eration. The speaker sustained this contention at the 
 time, and subsequently showed the house by reference to 
 the English debates that motions of want of confidence 
 could only proceed on days devoted to private business, 
 with the consent of all members interested.^ In a subse- 
 quent session the same question arose, and the speaker, 
 after careful deliberation, came to the same conclusion as 
 on the previous occasion." A case in point occurred in Eng- 
 
 ' Can. Hans. 1876, March 10th and 13th. 
 
 ^ Can. Hans. [1878], 946-948. On a previous day the speaker had 
 reversed his decision of 1876, having been misled by a careless report of 
 some of Mr. Gladstone's remarks, which appeared to convey the idea that 
 a motion of want of confidence should have precedence ; p. 946. But on 
 further consideration of the point Mr. Speaker Anglin found that he had 
 been led into an error. 
 
Q UESTIOXS r UT B Y MEMBERS. 321 
 
 land during the session of 1850. Lord John Russell 
 moved an amendment ac^ainst the second reading* of the 
 Reform Bill of that year, involving the fate of Lord Derby's 
 administration. At the close of the first day's debate Mr. 
 Disratdi, then chancellor of the exchequer, said he thought 
 it would be convenient that the debate should proceijd 
 continuously, and, therefore, he would suggest that it be 
 adjourned until the next day. Of course, he added, he 
 was in the hands of honourable members who had notices 
 of motions for that day, but he trusted they would accede 
 to the course proposed. The house agreed to go on with 
 the debate and give it precedence over the private business.' 
 
 VI. Questions put by Members.— It is an established rule of par- 
 liamentary practice, and one that should always be strictly 
 observed, that no member is to address the house, unless 
 it be to speak to a motion already under debate, or to pro- 
 pose one himself for discussion. A practice, however, has 
 long prevailed in Parliament, and is now established in 
 the Senate and House of Commons, of putting questions to 
 ministers of the Crown, concerning any measure pending 
 in Parliament, or other public matter, and of receiving the 
 answers or explanations of the persons so interrogated.. 
 This deviation from the general rule respecting motions 
 has arisen from the necessity that experience has shown 
 of obtaining for the house material information, which 
 may throw light upon the business before it, and serve to 
 guide the judgment in its future proceedings. The pro- 
 cedure in the Senate on such occasions is cjuite different 
 from that of the Commons. Much more latitude is 
 allowed in the upper house,^ and a debate often takes 
 
 ' 153 E. Hans. 405 ; Can. Hans. [1878], 947. No control is conceded to 
 ministers overorders,in the hands of private members which are governed 
 by the ordinary rules of Parliament. 11. Todd Pari. Gov. in England, 323. 
 
 - Sen. Deb. [1870], 888, 912, 1090 ; Ih. [1871], 51-GG ; lb. [1872], 3S, 45, 
 62, 188 ; Ih. [1874], 95-99; lb. [1875], 112-116; lb. [1879], 51-52 ; Ih. [1880] 
 106-112 ; lb. 350-352 ; Ih. [1882], 50, 295 ; lb. [1883J, 200-4. 
 
 21 
 
322 
 
 MOTIONS IN GENERAL. 
 
 place on a mere question or inquiry, of which, however, 
 notice must always be given when it is of a special char- 
 acter.' Many attempts have been made to prevent debate 
 on such questions, but the Senate, as it may be seen from 
 the precedents set forth in the notes below, have never 
 practically given up the usage of permitting speeches on 
 these occasions — a usage* which is essentially the same as 
 in the Lords' house.* The observations made on such oc- 
 casions, however, should be confined to the persons mak- 
 ing and answering the inquiry, and if others are allowed 
 to offer remarks these should be rather in the way of ex- 
 planation, or with the view of eliciting further informa- 
 tion on a question of public interest.* The more regular, 
 and now the more common practice, is for a member, iu 
 cases requiring some discussion, to give notice that he 
 will call attention on a future day to a public matter and 
 make an inquiry of the government on the subject. Then 
 it is perfectly legitimate to discuss the whole question at 
 length, as the terms of the notice show the intention of 
 the person who puts it on the paper.'' This practice of the 
 House of Lords has been followed in the Canadian Senate 
 since 1871'' 
 
 ' R. 14. 
 
 ^ In tlie first session an effort was made to confine the Senate to the 
 practice of the Commons, but to no avail. Del). [1867-8^, 34, 40-41. Se.";! 
 remarks when (changes were made in S. O., Deb. [1876], 2iH}-300. 
 
 '' 191 E. Hans. (3), 690-4 ; 209 Ih. 639 ; 243 lb. 1502-1507 ; 244 lb. 511- 
 516 ; 886-892 ; 246 lb- 1-8 ; 247 lb. 1404-7, 1704-8 ; 266 lb. 1083 ; 276 Ih. 
 .282. 
 
 * Sen. Hans. [1883], 240-1, 315. 
 
 5 209 E. Hans. (3), 606 ; 210 lb. 235-242. Sen. Deb. [1879], 644-5 ; Ih. 
 [1880], 80-82 ; lb. 158-168 ; lb. 322-340; lb. [1882], 149-167. 
 
 ^ Senator Macpherson (subsequently speaker) commenced the practice. 
 
 Sen. Deb. [1877], 313, 375 ; Ih. [1879], 76, 171. In the Senate the diseus- 
 
 -sion is sometimes permitted to run over several days on such an inquiry, 
 
 which is not customary in the Lords, since a debate on a mere question 
 
 . cannot be adjourned. Neither is any mention made in the Lords' joiir- 
 
 jnals of a debate on such an inquiry as it is not in the nature of a motion. 
 
 ' Compare 210 E. Hans, and 209 lb. 606, with same dates in Lords' J. Also, 
 
 March Slst, 1882 (Irish Jury Law s). For Sen. practice, Jour. [1877], 231 ; 
 
CORRECTION OF QUESTIONS. 323 
 
 In the House of Commons, not only is a notice necessary 
 ill the case of all questions under rule 31,' but they must 
 be limited in their terms according to rule 29. 
 
 "Questions may be put to ministers of the Crown relating to 
 public aftaii'S, and to other members relating to any bill, motion, 
 or other public matter connected with the business of the house, 
 in which such members may be concerned ; but in putting any 
 such question, no argument oi* opinion is to be ottered, nor any 
 tacts stated, except so far as may be necessary to explain the 
 same. And in answei-ing any such question, a member is not 
 to debate the matter to which the same refers." 
 
 Such questions are printed among the notices and appear 
 on the order paper in the place allotted to them under rule 
 lit. The Canadian practice is identical with that of the 
 English Commons, as stated by Mr. Speaker Brand : " No 
 argumentative matter shall be introduced, and if such 
 matter appears, it is always struck out by the clerks at 
 the table, by the orders of the speaker."- It is the duty of 
 the clerk to point out any irregularity to the speaker, and 
 if the latter is of the same opinion he will order the clerk 
 to communicate with the member, so that he may have an 
 opportunity of amending his notice. ' It is always within 
 the right of a member to call attention to the matter as one 
 of privilege, and to challenge the action of the speaker.^ If 
 an irregularity should escape the attention of the clerks at 
 the table, the speaker will point it out before the member 
 
 //^ [1S78], 93, 95, 99, 10.3 ; Ih. [1883], 79, 137, 25t). The practice is, in the 
 Lords, to ask a question and at the same time, to move formally for 
 papers, and tlien the motion aj^ix-iars in the journals. 2(i8 E. Hans. (3), 
 1380, 1802 ; 114 Lords' J. 113, 128 ; 26!) E. Hans. (3), 547; 114 Lords' J. 550. 
 
 '• Supra, p. 309. 
 
 -217 E. Hans. (3), 37, 803 ; 225 IJ>. 1141 ; 240 Ih. 640 ; 255 lb. 321-2. 
 Committee on public business, July 8th, 1878, pp. 9-10. 
 
 ^ 240 E. Hans. (3), 646. If it is not possible to communicate with the 
 member, then it is for the otficere of the house to make the question con- 
 form as nearly as possible to the rules of the house. 206 E. Hans. (3)i 
 468. 
 
 * 240 E. Hans. (3), 653. 
 
324 MOTIONS IX GENERAL. 
 
 stands up ; and he is thon jrenorally permitted to put the 
 question when he has struck out the objectionable words.' 
 A question has been refused a reply because it referred to 
 a matter of opinion." It should " be simply and severely 
 accurate in its allegations." If it is hypothetical it is 
 " objectionable," and as a rule should not be answered.^ It 
 has, however, been decided in numerous instances in the 
 English Commons that a member may make any explana- 
 tion which is necessary for the clear understanding of his 
 question, but he may not enter apon any general discus- 
 sion.^ A question has not been allowed to go on the paper 
 on the ground that it impugned the accuracy of certain 
 information conveyed to the house by the ministry.'' The 
 answer to a question should be brief and distinct, and 
 limited to such explanations as are absolutely necessary to 
 make the reply intelligible, but some latitude is allowed to 
 ministers of the Crown, whenever they may find it neces- 
 sary to extend their remarks with the view of clearly ex- 
 plaining the matter in question." When the answer to a 
 question has been given, it is irregular to comment upon 
 it, or upon the subject thereby introduced to the house ; 
 the necessary consequence of which would be to engage 
 the house in a debate when there was no motion before it 
 at all." No member may put a question to another mentbei> 
 unless it refers to some bill or motion before the house:^ 
 Nor are questions usually put on matters which are at the 
 
 » Can. Hans. [187S], 569, Miramichi valley R. R., Mr. Mitchell, Feb. 
 27tli. Mr. jNIills, Dec. 22nd, 1880, orders of day, " without cause" struck 
 out. Can. Hans. [1882], 73 ; Ih. [1883], 107, 125. 
 
 - 208 E. Hans. (3), 786. 
 
 '•' 2 Todd Pari. Gov. 342. 
 
 * 224 E. Hans. (3), 473, 1467, 1715. 
 
 ^ 240 E. Hans. (3), 646. 
 
 « 161 E. Hans. (3), 497 ; 215 Ih. 641. 
 
 ^ 39 /ft. (1), 69. A second question, arising out of or bearing on an 
 answer to a question is allowed in the English house, but not a debate. 
 261 E. Hans. (3), 410, 1204-5. 
 
 8 197 Ih. (3), 717 ; 235 Ih. 684. Can. Com. R. 29. 
 
AMENDMENTS. 325 
 
 time the subject of proceedings in the courts.* Nor is it 
 proper to put a question on the paper, affecting the charac- 
 ter or conduct of a member. The proper course, when the 
 conduct of a member is challenged, is to propose a direct 
 motion, in order that full opportunity may be given for 
 statements on both sides.- A member is guilty of an irre- 
 gularity \rho puts a question which he has been informed 
 by the proper authority is irregular.^ 
 
 Vn. Motions in Amendment.— "When a motion has been recfu- 
 larly made by a member and proposed to the house by the 
 speaker, it is the right of any other member to move to 
 amend it, in accordance with the forms sanctioned by par- 
 liamentary usage. Certain members may not be willing to 
 adopt the question as pioposed to them, and may conse- 
 quently desire to modify it in various respects. Or they may 
 wish to defer it to another occasion when the house will 
 probably be better able to deal with it. Or they may be 
 disposed io go further than the motion, and give fuller 
 expression to the sentiments they entertain on the question. 
 In order to meet these different exigencies, certain forms 
 have been established in the course of time ; and now every 
 member is in a position to j)la('e his views on record, and 
 obtain an •expression of the sense^or will of the house on 
 any important question which can be properly brought 
 before it. 
 
 Every member has the right of moving an amendment 
 without giving notice thereof.' This amendment may 
 propose : 
 
 1. To leave out certain words ; 
 
 2. To leave out certain words, in order to insert or add 
 others ; 
 
 3. To insert or add certain words. 
 
 . — — - - ■ - - - .. . . - 1 ^ 
 
 1 24G E. Hans. (3), 686 ; 257 lb. 448-9. 
 
 = 210 lb. 35-9 ; Blackmore's Sp. D. [1882], 129-30. 
 
 ^ lb. [1883], 44 ; 257 E. Hans. (3), 448-9 ; 265 lb. 879-80. 
 
 * May, 317 ; Gushing, p. 517. 
 
326 
 
 MOTIONS IN GENERAL. 
 
 These several forms of amendment are subject to certain 
 general rules, which are equally applicable to them all. 
 
 All motions should properly commence with the word 
 " That." In this way, if a motion meets the approbation of 
 the house, it may at once become the resolution, vote, or 
 order which it purports to be/ By the l^jth rule of the 
 Senate it is distinctly provided that " no motion prefaced by 
 a preamble is received by the Senate ; and this rule is 
 always strictly observed in that house." A similar rule was 
 adopted by the legislative assembly of Canada ;^ but for 
 some reason it was not continued, when the rules of the 
 House of Commons were considered and adopted in 1867. 
 One or two instances may be found in the journals where 
 questions are prefaced by a preamble.^ but that form is 
 obviously inconvenient, and not in conformity with the 
 correct usage of either the Canadian or English Parliament. 
 
 When it is proposed to leave out all the words of the 
 main motion and to substitute others, the amendment 
 should commence, — " That all the words after ' that ' to the 
 end of the question be left out, in order to insert the follow- 
 ing instead thereof," etc.^ All amendments to insert or add 
 words should commence : Mr. — seconded by Mr. — moves 
 in amendment. That, etc." 
 
 Several illustrations of amendments will be found at 
 the end of this volume." 
 
 * Cusliing, p. 509. 
 
 ■' Se.n. J. [18G7-8], 280 ; Dob. [1878], 440. 
 3 No. 44. 
 
 * Can. Coin. .T. [1877], 214. 
 
 5 lb. [1SG7-8], 248 ; I h. [1877], 103-5 ; lb. [1878], 71. 
 
 6 lb. [lS()7-8], 107 ; lb. [1870], 69 ; lb. [1877], 103, 105. Sen. J. [187S], 
 197, c^r. 
 
 ' In the English houses the practice of putting amendments is quite dif- 
 ferent from that of the Canadian Parliament. AVhen it is proposed in the 
 amendment to leave out certain words, the speaker, after reading bctli 
 motions to the house, will put the question : — That the words proposed to 
 be left out stand part of the question. If this question be resolved in the 
 affirmative, then the speaker will put the main motion. If this question 
 be negatived, the speaker will put the main motion as amended. When 
 
AMEXnyfENTS. 32Y 
 
 "When it is proposed to amend a motion, the question is 
 put to the house in this way : The speaker will first state 
 the original motion, " ]\Ir. A. moves, secoiuLnl by Mr. B. — 
 "That, etc." Then he will proceed to i^ive the amend- 
 ment : " To this Mr. C. moves in amendment, seconded 
 by Mr. 1). — That, etc." Under Canadian practice tlie 
 speaker will put the amendment directly in the first pla<'e 
 to the house : — "' Is it the pleasure of the house to adopt 
 the amendment ?"' If the amendment be negatived, the 
 speaker will again propose the main question, and a debate 
 may ensue thereon, or another amendment may then be 
 
 the proi)OStMl amendment is to leave out certain words, in order to inR(>rt 
 or add others, the proceedin',; commences in the same manner as the hist. 
 If the house resolve : " That the words proposed to be left out stand part of 
 tlie question," the ori<j:inal question is put; but if they resolve that such 
 words shall not stand part of the question, by ne<!:ativinLr that proposition 
 when put; tlie next question proposed is, that the words proposed to 
 l)e substituted, be inserted or added instead thereof. Tiiis latter (piesti )n 
 being resolved in the atHrmative, the main (luestion so amended, is put- 
 May, 317-8 (chap. (>)• Ii^ an extremely useful little work, '• The ("liairman's 
 Handljook," )iy Mr. Pal.Lrrave, the clerk assistant of the Knglish House f)f 
 Commons, we lind the following clear exposition of the principle whii-h 
 lies at the basis of the Englisii method of procedure : " When two proi)0- 
 sitions are submitted for deliberation, first a motion, and tlu^i an amend- 
 ment offered as an alternative to that motion, to obtain a fair and 
 straightforward debate, the following conditions must bo observed : If two 
 propositions are submitted for discussion, it is, in the first place, essential 
 that their consideration should be conducted, as far as possible, on equal 
 terms ; and, secondly, it is essential that tliscussion should be limited to the 
 question proposed from the chair. But how far are these conditions ob- 
 served, if precedence be given to an amendment over them ition on which 
 it is moved? One of two results must ensue ; if the debate bo kept 
 with strict precision to the proposition so put forward, namely, the amend- 
 ment, the supi>orters of the motion should not be heard, until the amend- 
 ment is disposed of. If, however, argument in favour of the motion bo 
 permitted, then debate strays away from thesubje(!t immediately in hand. 
 Even under the fairest conditions of debate the ix)pular method withholds 
 from the advocates of a motion their due position. They were foremost in 
 the field of discussion, but they come last; nay, their propfjsition may 
 never be submitted to any decision at all ; for as the amendment is the 
 first to be considered, it commands the chief attention and the primary 
 vote of the debaters. These consequences must arise under a usage whicli 
 places a motion and an amendment in direct antagonism. This conflict 
 
828 MOTiosH IX a km: HAL. 
 
 submitted.' On the othor hand, if tho houso adopt the 
 am«'iidmeiit, th«'ii the speaker will ai^aiii propose; the ques- 
 tioii in these words : " Is it the pleasure of the house to 
 adopt the main motion (or question) so amended V" It is 
 then competent ibr a mem))er to proj)ose another amend- 
 ment. — "That th(^ main motion (or question), as amended, 
 be further amcmded, etc." Any number of amendments may 
 be proposed in this way, as it will be seen by reference to 
 the precedents g-iven below," But an amendment onc^e 
 negatived by the house, cannot be proposed a second time.* 
 And it is distinctly laid down in the highest English 
 authority that "w^hen the house have agreed that certain 
 words shall stand part of a question, it is irregular to pro- 
 pose any amendment to those words, as the decision of 
 the house has already been pronounced in their favour, but 
 this rule would not exclude an addition to the w^ords, if 
 proposed at the proper time. In the same manner, when 
 the house have agreed to add or insert words in a question, 
 their decision may not be disturbed bv anv amendment of 
 these words ; but here again other words may be added." * 
 
 is averted by parliaraentary practice. The Ibrnuila used by the siK'-aker — 
 " that the Mords i)ro])()Sod to bo left out stand ])artof the <iuestion" — is 
 framed for that express object ; it offers an alternative choice between both 
 motion and amendment, and withliolds them from the vote until the house 
 has resolved which subject it will in the first instance consider. Parlia- 
 ment in its procedure obeys that commou-sense instinct, wliich dictates 
 that it is esssential, when two propositions are ottered for discussion, to 
 know first of all which proposition shall be discussed. Nor \h it till that 
 point is settled, tliat the house proceeds to bring the matter to a final 
 conclusion." It is noteworthy, however, that this method of putting 
 amendments is peculiar to the English Parliament. What Mr. Palgrave 
 confesses to be " the popular treatment of an amendment " is generally 
 followed by i^opular assemblies everywhere, by Colonial Legislatures, by 
 the United States' Congress, and by European Parliaments, as far as the 
 writer can gather from the books at hand. 
 1 Can. Com. J., [1875] 217, 218; Ih. 1877], 225; Can. Hans. [1879], 1376, 
 
 [debate on main motion]. 
 - Can. Com. J., [1876], 69. 
 3 May, 330. 
 * May, 820-1. 
 
AMi:\nMi:.\Ts. 329 
 
 When an amendment has Ixmmi proposed, it is <ompt'tent 
 for any meni))er to move an amendment to the same.' In 
 this case the original (juestion is laid aside pra tii^ally for 
 the time Ix'in*^. and thf first amendment heeomes, as it 
 were, a su])stantive (pie.stion.- The speaker will then snb- 
 mit the three motions in the order in wliich they are made, 
 and first take the sense of the house on the last : " Is it 
 the pleasure of the house to adopt the amendment to the 
 amendment ? " If the amendment is rejected, it is re<;-iUar 
 to move another' (provided, of course, it isdillereiit in i)ur- 
 port from that ahvady ne^'atived) as soon as the speaker 
 has again i:)roposed the question : " Is it the pleasure of 
 the house to adopt the amendment to the main motion (or 
 original question) ? " 
 
 If the amendment bo resolved in the allirmative, it will 
 not be competent to move that it bo struck out, in whole 
 or in part. A precedent on this point was given dur- 
 ing the session of 1871. The house having considered 
 in committee of the whole a bill to amend the acts 
 relating to duties of customs, Sir Francis Hincks moved 
 that the bill be read a third time to-morrow. Mr. Ilolton 
 moved in amendment that the bill be now re-committed 
 to a committee of the whole house, for the purpose of so 
 amending the same as to repeal the duties on coal, coke, 
 wheat and flour. Mr. Blanchet then moved in amend- 
 ment to the said amendment, that the words, "and also salt, 
 l^eas and beans, barley, rye, oats, indian corn, buckwheat, 
 and all other grain, indian meal, oatmeal and flour, or 
 meal of any other grain," be added at the end thereof. 
 This amendment was resolved in the affirmative, where- 
 upon Mr. Colby moved, in further amendment to Mr. 
 Holton's amendment as amended, to substitute for the 
 same a resolution declaring it "inexpedient during the 
 
 1 Can. Com. J., [1878], 50; lb. [1877], 105, 111 ; Sen. J. [187U], 132. 
 
 2 May, 322. 
 
 ^Can. Com. J. [1871], 74. 
 
380 M<fTI(L\S IN GENKliAL. 
 
 present session of Parliament to make any alteration in 
 the existing duties on eoal, eoke, wheat, (lour, salt, peas, 
 beans, biirloy, rye, oats, iiidian (torn, buckwheat," Mr. 
 Holton at once objected to this amendment on the ground 
 that it proposed to strike out «'ertain words which the 
 house had already de<ided should form part of the ques- 
 tion. Mr. Speaker Cockburn, decided that the point of 
 order was wt^ll takcMi. " It seems conclusively so by 
 English authority," he said, " and there is good reason for 
 it. The house has pronounced its decision upon the pro- 
 position that salt and other articles shall form part of the 
 question to be submitted to the house, and now the house 
 is asked to say that they shall be struck out of the question. 
 This would be a «'ontradiction, and clearly out of order."^ 
 
 Amendments may, however, be proposed to add words 
 to the main motion, or amendment, as amended.' 
 
 In the case of a second reading or other stage of bills, 
 and on the motion for going into committee of supply, in 
 the English House of Commons it is laid down authorita- 
 tively : 
 
 "No addition can 1)C made to the question, aftci* the house has 
 decided that words proposed to bo left out should stand part of 
 the question. Every stage of a bill, being founded upon a pre- 
 vious order of the house, is passed by means of a recognized for- 
 mula, and may be postponed or arrested by acknowledged forms 
 of amendment ; but when any such amendment has been nega- 
 tived, no other amendment by way of addition to the question 
 can be proposed, which is not, in some degree, inconsistent with 
 the previous determination of the house ; and it has, therefore, 
 never been permitted "-^ 
 
 Only two amendments can be be proposed at the same 
 time to a question. Some limit is necessary, and. the usage 
 has grown into law, that an amendment to an amendment 
 
 ^ Can. Com. J. [1871], 131-3. A similar decision was given by|Mr.. 
 Speaker Anglin, lb. [1875], 200. See supra, p. 328. 
 ^ lb. [1871], 133 ; lb. [1873], 393. Seo mpra, p. 328. 
 ^ May, 321 ; 183 E. Hans. (3), KHS ; 18G lb. 1285 ; 240 lb. 1602. 
 
KELK VA XC Y OF A .V/;.\7) .V/;.V7X 
 
 3J?1 
 
 is allowable, hut that no motion to amond rurth«'r can ho 
 entertained until one of th*"! two amcMidiiifntH is disposed 
 of. There is no limit, however, to the number of amend- 
 ments to a question provided they come within these and 
 other ruh's stated above. No decision appears on the Cana- 
 dian journals on this point, Imt the usai^e is uniform. 
 
 Whi'n a proposition or question before the house consists 
 of several sections, paragraphs, or resolutions, th*' order of 
 considering' and amending it is to begin at the commence- 
 ment, and to proceed through it in course by paragraphs ; 
 and when a latter part has been amended, it is not in order 
 to recur back, and make any amendment or alteration of a 
 former part.' This rule is observed especially in the case of 
 bills in committee of the whole, where each section is con- 
 sidered a distinct proposition, to be amended line by line, if 
 necessary ; and consequently if the committee have amend- 
 ed the latter part of thi^ clause, they cannot am*'nd ihe first 
 part of the same." It is for this reason, the resolution for 
 the address at thc^ beginning of the session is always taken 
 up paragraph by paragraph. AVhiMi the second paragraph 
 has been considered aijd agreed to, it is not regular accord- 
 ing to the rule in question to go back to the iirst ; and so on 
 to the end of the resolution.' 
 
 Canadian speakers have frequently decided that amend- 
 ments must be relevant to a motion or question.' The 
 English, parliamentary authorities have up to very recently 
 laid down the rule that a proposition may be amended, in 
 parliamentary phraseology, not only by an alteration which 
 carries out the purpose of the mover, but also by one which 
 entirely destroys that purpose, or which even makes the 
 proposition express a sense the very reverse of that intended 
 
 » 2 Hatsell, 123; 102 E. Hans. (3). 117. 
 
 ^ 46 E. Com. J., 175. See chapter on public bills. 
 
 •^ Svpra pp. 233—4. 
 
 *Can. Com. J. [1870], 122, 124 ; Ih. [1872], IW. Also, 7tb .Tuly, 18,j.% 
 Leg. Ass. J.; 14th April, 1859, Pari. Deb. Colonist; Sp. Dec. Nos. 33, 53, 
 168,197. 
 
332 MOTIONS IN GEXERAL. 
 
 by the mover ; and, in like manner, a mot ion which pro- 
 poses one kind of proceeding, may be turned into another 
 of a wholly dilFerent kind, by means of an amendment. 
 For instance, where the motion pending was for the house 
 to go into a committee of the whole, on the four per cent, 
 annuities acts, and a motion was mad(^ to amend, so as in 
 effect to su])stitute tht^refor a motion for certain papers 
 connected with the passing of a decree by the government 
 of Portugal materially afflicting the commercial relations 
 of that countrv with G-reat Britain ; and the amendment 
 was objected to, on the ground, that it had no relation 
 whatever to the subject of the motion, the speaker said, 
 that, according to the forms of the house, and the law of 
 Parliament, there was no necessity that the ami^ndments 
 should be akin to the question.' Sir Erskine May thus 
 stated the usage in his edition of 1879 : " There is no rule 
 which requires an amendment to be relevant to the ques- 
 tion to which it is proposed to bo made, except in the case 
 of an ordo^r of the d;iy."" Such a usage as allowing 
 amendments irreli'vant to a question, certainly seems op- 
 posed to those principles of sound reason which govern 
 English parliamentary law generally. If such a practice 
 were generally tolerated, all the benefits of givini;- due 
 notice of a motion, and allowing the housj a full opportu- 
 nity of considering a question, would be practically lost. A 
 member would then be in a position to surprise the house 
 at any moment with a motion of importance, and the 
 necessity of giving notice would be superseded to all 
 intents and purposes. It is not therefore surprising that 
 the latest Euo'lisli decisions are in accord with those of the 
 Canadian speakers. Sir Erskine May, in the edition of 
 1883, admits that " an amendment should be relevant to 
 the question to which it is proposed to be made, and gives a 
 decision of the speaker as late as the 28th of February, 1882. 
 
 1 23 E. Hans. (3), 7S5 ; 38 lb. 174, 190. 
 2 Page 303. 
 
dilator: "jtioss. 383 
 
 A motion hiiving" bcoii miido to dechuo Micluu'l Davitt 
 iiicapii))lo ol' being olcctod or returned as a nicniher, it was 
 proposed to amend the same ])y subslitnling- an address to 
 the Crown tor a free pardon; l)ut the speaker ])romi)tly' 
 interposed and pointinl out that such an amendment was 
 inadmissi])h^ as it had no rehition to th«^ question })eforo 
 the house, but shoukl form the suliject of a distinct mo- 
 tion, after notice given in th(^ usual manner.' The hiw 
 on the relevancy of amendments seems now to be that 
 if they are on the same subject-matter with the original 
 motion they are admissible, })ut not when foreign thereto.- 
 The exceptions to this rule are amendments on the qu(\s- 
 tion of going into supply or ways and means.' Amend- 
 ments to bills also, like amendments to the orders of the 
 day, "must strictly relate to the bill which the house, by 
 its order, has resolved upon considering.'" 
 
 Vm. Dilatory Motions.— There is a class of motions, common 
 to all parliamentary assemblies, intended to have the ef- 
 fect of superseding or delaying the consideration of a 
 question. For instance, motions for the adjournment of 
 the house or debate, for reading the orders of the day, and 
 for the previous question, are all in this direction. The 
 term " dilatory," ' is used here as a convenient means of 
 grouping together such motions as postpone a question 
 for the time being : 
 
 Motions of Adjournment. — AVhen any question is under 
 
 ' May, 325. 2(i6 E. Hans. (3) ISK). 
 
 - To show Avido range of auiendmonts, see decision of ^Ir. Speaker 
 Brand, who ruled that it was regular to move an amendment in favour 
 of the Oaths' Act on a question re-atiirming a resolution restraining ]Mr. 
 Bradlaugh from taking the oath ; 267 E. Hans. (3), 1SS2. Such an 
 amendment was, however, germane to the cjuestion. 
 
 ^ See chapter on supplj'. 
 
 * 143 E. Hans. (3) 043. 
 
 ^ American writers on parliamentary law use it frequently. It is also 
 found in Rule 16 (8) of the House of Representatives ; Smith's Digests 
 p. 176. See also Mr. Sp. Brand; 136 E. Com. J. 50. 
 
334 MOTIONS IN GENERAL. 
 
 the consideration of either house, a motion to adjourn will 
 always be in order. The 30th rule of the Commons provides : 
 
 " A motion to adjourn shall be always in order, but no second 
 motion to the same ett'ect shall be made until after some inter- 
 mediate proceeding shall have been had.'" 
 
 A motion of this kind, when made to supersede a ques- 
 tion, should be simply, "that the house do now adjourn"; 
 and it is not allowable to move the adjournment to a 
 future day, or to propose an amendment to the question 
 of adjournment.- If the motion for the adjournment be 
 carried in the affirmative, the house must at once adjourn 
 until the hour of three o'clock p.m., or whatever may be 
 the regular hour of meeting on the next sitting day, and 
 the question under consideration will be superseded," so 
 that if it was on the orders of the day, it m.ust at once 
 disappear from the order paper where it can only be 
 again placed by a motion formally made in the house for 
 its revival.^ But if the question is not regularly before 
 the house — that is to say, if it has not been proposed to 
 the house by the speaker — it will not even appear in the 
 votes ; but if it has been so proposed, it will be duly re- 
 corded. But in case a notice of motion is under consider- 
 ation, it will not be superseded, inasmuch as rule 2*7 
 makes special provision for such cases, and places the 
 motions on the orders for a future day.'' 
 
 Consequently if a question, not provided for by rule 27, 
 is under consideration, audit is the wish of the house to ad- 
 journ, it is necessary to move an adjournment of the debate 
 in the first place,*' unless indeed it is desired to supersede it. 
 
 1 Can. Com. J. [1880-1], 107 illustrates practice. 
 
 ■^ 2Hatsell, 113. In the Lords a future day may be specified, May, 300. 
 
 •■ For cases in point, 110 E. Com. J., 3(37 ; 115 lb. 393 ; 119 lb. 131, 256; 
 120 lb. 282, 332 ; 121 lb. 78. Sen. J. [1870], 132, 133, 139 (Pacific 
 E. R. bill). 
 
 * Sen. J. [1876], 133, 139 ; Sen. Deb. [1878], 832, 834 (Pacific RE. Act 
 Amendment Bill) ; Can. Com. J. [1870], 237, 287 (Interest Bill). 
 
 * Supra p. 257 Can. Com. J. [1876], 6ii. 
 « Can. Com. J. [1876], 129. 
 
MOTION TO PROCEED TO ORDERS. 
 
 335 
 
 It has been decided iu the Canadian Commons that a 
 motion for the adjournment of the debate should be pure 
 and simpk^ — like the motion for the adjournment of the 
 house — and should not contain a recital of reasons.' 
 
 If the house should be suddenly adjourned in conse- 
 quence of the absence of a quorum, a question then under 
 the consideration of the house will disappear from the 
 order paper for the time being*.- 
 
 Motion for Reading' Orders of the Daij. — A motion to 
 proceed to the orders of the day is another mode of evad- 
 ing a question for the time being. The 28th rule orders : 
 
 " A motion for reading' the orders of the day ^hall have prefer- 
 ence over any motion hefoiv the house." ■' 
 
 If a question on the motion paper is under considera- 
 tion, any member may move, "That the orders of the day 
 be now read," or " That the house do now proceed to the 
 orders of the day." If this question is resolved in the af- 
 firmative, the original motion is superseded, and the house 
 must proceed at once to the orders of the day. ' It has been 
 ruled in the Canadian as well as in the English house 
 that no amendment can be made to the motion for pro- 
 ceeding to the orders of the day,' it being considered equi- 
 valent to a motion for the previous question.*' 
 
 ^ Can. Com. .T. [1880-1], 86. Also, Can. Leg. As><. J., 7th March, 1865. 
 Can. Sp. D., 2so. 120. 
 
 -129E. Com. J., 371. 
 
 ^ When orders of the day are reached in due coui-se it is not necessary 
 to make a motion, as they are at once taken up in accordance with rule 
 19. See supra p. 251. The motion discussed above is one of a i)eculiar and 
 special character, made when a notice of motion or other tjuestion not on 
 tlie orders of the day is under'discussion. 
 
 *May, 302; 111 E. Com. J., 167 ; Can. Com. ,T. [1S73], .300. 
 
 '" Can. Com. J. [1873], 300, Mr. Sp. Cockburn. But a case occurred in 1880 
 Jour., 1). 194. The weight of authority appears to rest with the previous 
 precedent, since it is obvious that the motion is in the nature of the pre- 
 vious question. 
 
 * May, 302. A motion for the adjournment of the house, however, will 
 -always be in order ; infra p. 338. 
 
336 MOTIONS IX GEXERAL. 
 
 If the house is considering" an order of the day, a motion 
 to proceed to the next order of the day will have the same 
 effect as the motion we have just mentioned/ It is 
 equally in order to move to proceed to the governmen^. 
 orders, w4iile a question among " public bills and orders " 
 is under consideration.^ 
 
 Previotffi Questio/i. — Another method of evading or super- 
 seding a question in both houses is the moving of what 
 is known as " the previous question." The Senate rule 
 on the subject is as follow^s : 
 
 "24. When a question is under debate, no motion is received 
 unless to amend it; to commit it; to postpone it to a certain 
 day ; for the previous question ; for reading the orders of the 
 day; or for the adjournment of the Senate." ^' 
 
 The 35th rule of the Commons provides : 
 
 "The previous fpiestion, until it is decided, shall preclude all 
 amendment of the main question, and shall be in the ibllowing 
 words, ' That this question be now put.' If the previous ques- 
 tion be resolved in the affirmative, the original question is to be 
 put forthwith, without any amendment or debate." 
 
 The rule just quoted permits neither amendment nor 
 debate in case the house decide in the affirmative, for the 
 speaker will immediately put the question.' But if the 
 previous question be resolved in the negative, then the 
 speaker cannot put any question on the main motion, 
 which is consequently superseded," " though it may be 
 
 ' 93 E. Com. J., 418 ; 107 Ih., 2U5. Can. Com. J. [1S70], 312. Can. Sp. 
 D., No. 120. Leg. Ass. J. [1SG4], 194. 
 
 '^ Can. Com. J. [1880-1], 81 ; Can. Hans., 13th January, 1880-1 ; 109 E. 
 Com. J., 342. 
 
 •' 237 E. Hans. (3), 527 ; 238 lb., 290 ; Lords' J., 1878, January 28. The 
 previous question is said to have been introduced in England for the pur- 
 pose of suppressing subjects of a delicate character, relating to high per- 
 sonages, or which might call forth observations of a dangerous tendency. 
 Cushing, p. 549. 
 
 * 2 Hatsell, 122, n. Can. Com. J. [1879], 84-5. 
 
 ^ Can. Com. J. [1809], 103-4. Also, lb. [1870], 254 ; 71 Lords' J. 581 ; 
 113 E. Com. J. 100. 
 
PRE VI 01 '.V Q VESTKt X. 
 
 337 
 
 revived on a future day, as the neg-ation of the previous 
 question merely ]>inds the speaker not to put the main 
 question at that tiir-3.'" 
 
 In the English Parliament, the preA^ous question ap- 
 pears to be only proposed with the object of preventing a 
 division upon a question; and consequently the members 
 who propose and second it generally vote against their own 
 motion.- In the old Canadian Legislature and in the do- 
 minion Parliament, however, the motion has invariably 
 been used to effect a double obje(^t, viz : 
 
 1. To prevent, as in England, a decision on the question 
 under consideration ; in which case the members who pro- 
 pose and second it vote against the motion. ' 
 
 2. To prevent simply any amendment and forct^ a direct 
 vote on the question ; in which (^ase the members who 
 pi'opose and second it vote for the motion.' 
 
 ' ]May, '>03. In the congress of the United States a more logical form 
 I )f putting the previous question, viz. : "Tliat tlie question he not now 
 put" was adopted in 177S (Gushing, 55.")), hut the form is now fixed as it 
 prevails in Parliament, though the effect is different — l)eing used to sup- 
 press imnicdiateh' all further discussion of the main question, and to come 
 to a vote upon it immediately (///. 554 ; also, Smitli's Digest, 322). It has 
 been suggested that the Englvh houses might advAntageously return to 
 the old practice of 250 years ago, and adopt the more logical form as ahove 
 (E. Com. J., May 25th, 1G05 ; Jan. 22nd, 1(;28). This form shows clearly 
 the object of the motion ; those who move it vote "aye," and those who 
 oppose it vote " no." K. T. Palgrave, Cluiirman's Handbook, p. 76. 
 
 ' May, 303-4. Tlie member who i)roposes the motion is generally 
 appointed one of the tellers for the " noes," INIarch 25th, 1858 ; 149 E. Hans. 
 (3), 722, Journals, p. 100 (Mr. Miller). 
 
 ' Leg. Ass. J. [1804], 101 ; Can. Com. J. [1809], 1034. 
 
 ^ In 1865 Atty.-Gen. (now Sir J. A.) ^Macdonald moved, and Atty.-Gen. 
 Cartier seconded, a motion for an address in relation to the union of the 
 provinces. Subsequently they proposed the previous question, and the 
 speaker decided, when a point of order was raised, that that question was 
 not an amendment in the real sense of the term, and that conseciuently 
 the movers of the original proposition could regularly make such a 
 motion. In this case both gentlemen voted for the previous question- 
 Ass. J. [1865], 180, 191, 192. Also, Ih. [1856], 142. In 1870 Mr. Holton 
 (mover of previous question), voted for it, Jour., p. 254 ; in a previous 
 session, when the object was to prevent the putting of the question, he 
 
338 MOT mm IN a EXE HAL. 
 
 Atnendinenls /o PrerioNS Q/fes/ion or to Motion for Proreml- 
 ini^ to Orders of the Ddij. — No amondment may bo jiroposed 
 to the motion for the previous question. ' Neither can it 
 be proposed when there is an amendment under considera- 
 tion.- If the previous question has actually been proposed 
 it must be withdrawn before any amendment can be sub- 
 mitted to the house.' If an amendment has been first 
 proposed, it must be disposed of before a member can 
 move the previous question.' 
 
 The motion, " That the house do now adjourn," can be 
 made to the motions for the previous question and for 
 reading- the orders of the day. But such a motion cannot 
 be madi^ if the house resolves that the question shall now 
 be put under rule 35.' It is also perfectly in order to move 
 the adjournment of the debate on the previous question.'' 
 When a motion has been made for reading the orders of 
 the day, in order to supersede a question, the house will 
 not afterwards entertain a motion for the previous ques- 
 tion, as the former motion was in itself in the nature of a 
 previous question." It is allow^able to move the previous 
 question on the different stages of bills.'* 
 
 voted in the negative, Jour. [1809], 163-4. In 1870 Mr. Ouiniet, wlio 
 moved the previous question, voted in the atfirmative, hie ohject being 
 simply to prevent amendment, and Mr. Si:»eaker Blanchet decided he was 
 in order on the i)rincii)le stated above; Can. Hans. [1879], 408. From the. 
 foregoing precedents it will be seen there has been a uniformity of practice 
 under the rule which has come to theCommons from the old Canadian Legis- 
 lature. It may be added that no rule or decision can be found in the English 
 authorities preventing a member voting as he pleases on such a question. 
 
 ' May, 304. Commons rule, supra, p. 336. 
 
 2 2 Hatsell, 116 ; 212 E. Hans. (3), 926. 
 
 » 149 E. Hans., 712. 
 
 ^ 117 E. Com. J., 129 ; 118 Ih., 209. 174 E. Hans. (3), 1370. Can. Com. 
 J. [1870], 254. 
 
 ^ 250 E. Hans. (3), 1157-8. 
 
 ® Can. Hans. [1879], 407. But not if the house decide that the question 
 be put ; 250 E. Hans. (3), 1158. 
 
 ■ May, 305. 
 
 8 99 E. Com. J., 504 ; 113 Ih., 220 ; 119 Ih., 160, 234 ; 135 Ih., 261 ; 137 
 Ih., 378. 114 Lords' J., 173. 
 
REVIVAL OF A QUE>iTIOX IX SAME SESSIOX. 330 
 
 IX. Renewal of a Question during a Session.— Wln'ii a motion 
 has been stated by the speaker to the house, and proposed 
 as a question for its determination, it is then in the pos- 
 session of the house, to be decidi'd or otherwise disposed 
 of according' to the esta})lished forms of proceeding. It 
 may then be resolved in the allirmative or passed in tlie 
 negative ; or superseded by an amendment, or withdrawn 
 with the unanimous consent of the house. It is, however, 
 an ancient rule of Parliament that '" no question or motion 
 can regularly be olfered if it is substantially tlie same with 
 one on which the judgment of the house has already been 
 expressed during" the current session."' ' The old rule of 
 Parliament reads : " That a question being once made, and 
 carried in the affirmative or negative, cannot be ques- 
 tioned again, but must stand as a judgment of thehouse."- 
 Unless such a rule were in existence, the time of the house 
 would be constantly frittered away in the discussion of 
 motions of the same nature, and the most contradictory 
 decisions would be sometimes arrived at in the course of 
 the same session. Consequently, if a question or bill is 
 rejected in the Senate or Commons it cannot be regularly 
 revi^'ed in the same house during the current session. 
 Circumstances, however, may arise to render it necessary 
 that the house should reconsider its previous judgment 
 on a question, and in that case there are means afforded by 
 the practice of Parliament of ag'ain considering the matter. 
 Orders of the house are frequently discharged"' and r*^- 
 solutions rescinded.^ The latter part of th(3 13th rule 
 of the House of Commons provides: "No member may 
 reflect upon any vote of the house, except for the pur- 
 pose of moving that such vote be rescinded." In such a 
 case, the motion will first be made to read the entry in 
 
 1 May, 328 ; 1 E. Com. J., 30(), 434. 
 ^ Res. April 2, 1G04, E. Com. J. 
 
 * Can. Com. J. [1877], 26. 
 
 * lb. [1868], 184; Leg. Ass. J. [1856]. 722; 253 E. Hans. (3) 643. 
 
340 Morroxs ly general 
 
 the joviriials of the resolution; and when that has been 
 done by the clerk, the next motion will ])e that the said 
 resolution be rescinded,' or another resolution exprossinji- a 
 different opinion may bt» a£>Teed to.- But when a questiou 
 has once be(^n ne'j;(Uiue<l, it is not allowable to propose it 
 au'ain, even if the form and words of tln^ motion are dif- 
 ferent from those of the previous motion.' Sir Erskint* 
 May says on this point, which is one involved in much 
 difficulty : " The only means by which a nei^ative \oW 
 can be revoked is by proposiuii* another qui'stion, similar 
 in its general purport to that which had been rejected, 
 but with sufhcient variance to constitute anew question; 
 and the house would determine whether it were sub- 
 stantially the same question or not." The Eng'lish jour- 
 nals are full of examples of the successful evasion of the 
 rule which the house permitted.' In all such cases, the 
 character of the motion has been changed sufficiently to 
 enable the member interested to bring it before the house. 
 All such motions, however, must be very carefully con- 
 sidered, in order to guard against a palpable violation of a 
 wise and wholesome rule. 
 
 If a motion has been negatived, it cannot be afterwards 
 proposed in the shape of an amendment." In case a 
 motion has been withdrawn, it may be again proposed as 
 the house has not previously determined the question, 
 and it is only in the latter event that the sDMe question 
 may not be revived." If an amendment br-s been nega- 
 tived, a similar amendment cannot be proposed on a 
 
 1 :May, 328; Can. Com. J. [1S67-8], 184. 
 
 -' 132 E. Com. J. 34r>, 3G7 ; 235 E. Han.s, IGUO ; Controller of H. M. 
 Stationery Otiice. 
 
 •' 95 E. bom. J., 495 ; 115 Ih. 249 ; 245 E. Hans (3) 1502. 
 
 ^ The most memorable instances of numerous motions on a cognate 
 question occurred in the session of 1845, in reference to the opening of 
 letters at the jx)st-oflice, under warrants from the secretary of state ; 100 
 E. Com. J. 42, 54, 185, 199, 214. 
 
 5 76 E. Hans. (3) 1021. 
 
 « 80 E. Hans. (3) 432, 798. 
 
REVIVAL OF A QL'RSTIOy JX SAME SE.SSIOX. 341 
 
 future day.' It has beoii dtMicL'tl, however, in the 
 Canadian Commons that an ainendmiMit is in order when 
 it comprises only a i)art and not the whole of a resolution 
 previously A'oted on by the house.- 
 
 As it is in reference to hills, and the proceedings upon 
 and in relation to them, that this rule receives its most 
 important application, it is proposed to deal with it at 
 length in the chapter devoted exclusively to public bills. 
 
 ' 214 E. Hans. {'■)) 2S7. For other illustrations of tlio rule, see May, 
 fhap. 10. 
 
 - Can. Sp. Doc, 18(>; Can. Com. .1. [1S71] 14.'>, 140. Also, Mr. Sjx^aker 
 Kirkpatrick, March 12, 1883. 
 
CHAPTER XII. 
 
 nrr.ES OF DEBATE. 
 
 I. Doj)ortiu('nt of nuMubcrfs dii tlic IIdui'. — II. rrt'ct'di'iic*'. in (l(O)ato. — 
 III. Written .s{)C(>clio.s not iKirniissiblo. — IV. Kxtriifts from paix'rs. — 
 V. Rcforonccs to tlio (^iccu or (iovornor-ltonoral. — VI. Rulcvain-y of 
 spcodlit's. — Vir. Tiioir h^ngtli. — VIII. .Motions for adjonrnnuMit. — IX. 
 Rnles liniitin;^ (l('l)ato. — X. l'(M'f?onal explanations. — XI. Callin'.; in 
 question a inenilier's words;. — XII. Interruption of nionil)ors. — XIII. 
 Sixjakini: when orders are called. — XIV. Planner of addre.ssing another 
 member. — XV. lleferences to the other house. — XVT. Or to previous 
 debates. — XVII. Kules ff)r the. i)reservation of order. — XVIII. Naminii 
 a member. — XIX. AVords taken down. — XX. Misbehaviour in com- 
 mittees or lobbies. — XXI. Prevention of hostile meetin<:s.— XXII. 
 Punishment of misconduct. — XXIII. Withdrawal of a member when 
 his conduct is under discussion. — XXIV. References to ju<ltres and 
 other iK'rsons not memliers. — XXV. Xew standing: orders of Kn<rHsh 
 Commons on the. followini;- .subjects : Putting the <iuestion ; [Motions of 
 adjourniuent ; .Su.si)ension for obstruction of public business. 
 
 I. Deportment of Members in Speaking.— When a motion ha.s 
 been duly moyed, seconded and proposed as a question 
 by the speaker, it may be i'ully discussed in accordance 
 with the rules and usages of the house. The rules of 
 order governing' debate, chiefly relate to the time when, 
 and the circumstances under which, a member may speak. 
 or to what may, or may not, be said by a member having 
 the light to address the house. These rules will be ex- 
 plained in the course of this chapter, but it is necessary 
 and convenient to refer, in the first place, to the personal 
 deportment of a member while on the floor. 
 
 Senators and members of the Commons may sit in their 
 places, in their respective houses, with their heads covered. 
 
DEPORTMEST OF yiEMUEllS. 34-> 
 
 Imt whon they dosir«' to spoak thoy must remov*' thoir 
 hats.' Ex<v[)tion, howovcr, will Ix* iiuuL' in cases of 
 sickiioss. or l)0(lily infirmity, wlicn tlio indulgtMioc of a 
 seat is fn.Mincntly permitted, at the sugi»'estion of a member 
 Mild with the g-eneral acqiiiescenec^ of the house.' A m«»m- 
 h«'r suin'rinu- from indisposition will also be permitted to 
 hand his motion to another member to read.' 
 
 In the Commons, a mcmlx'r must address himself to Mr. 
 Speaker.' In the Seiiati; the m««inbers must address them- 
 selves '■ to the rest of the senators, and not refer to any 
 other senator by nam<».'"' In the Commons, if a member 
 addresses the house and not the chair, he will be called to 
 order immediately.'' 
 
 Senators and members, when they enter or leave the 
 house, or cross the lloor, must mak<^ obeisance to the chair.' 
 The rul(^ of the Senate provides : 
 
 9. "Senators may not pass between the cliair and the table. 
 When entering or crossing the Senate eliamhei' they how to the 
 chair; and if they have occasion to speak together, when the 
 Senate is sitting, they go helcnv the bar, oi- else the speaker stops 
 the business under discussion." 
 
 Rule 17 of the House of Commons also providt's for 
 decorum in the following terms : 
 
 " Wiien the speaker is j)utting a question, no member shall 
 walk out of, or across the house, or make any noise or disturh- 
 
 ' Sen. R. L>0; Com. 1{. 10. 
 
 ^ 2 Ilatsoll, 107 ; Komilly, 2(i9, 270. When ^Ir. Pitt made his folt;1>ratod 
 (speech ill 179:> airainst tlio. jK'iaco lie was ])ermitte<l to f<])oak sittiiiir. Also, 
 ia.ses of Lord Wynford, (il Lonls' .1. 1()7; :Mr. Wynn, !»tli March, 1S4:1 ; (i7 
 E. Hans. (:>) (ioS. It is usual to move that leave be accorded the atilicteil 
 iiiemhcr. 
 
 ' On the l;;th March, 1S7S, ^fr. Sclinltz was suffcirinir from a broncliial 
 affection and a member Bittin;.; alonirside rea«l two (luestioiis f(»r him. On 
 a previous day ]Mr. Masson had read two letters for the same giMitleman. 
 
 * Com. R. 10. 
 
 •^ Sen. R. 20. Same as the Lords' S. 0. No. 14. 
 
 "223 K Hans. (3), 1002, 14oS. 
 
 " 8 E. Com. J. 204. 
 
344 lU'LlCS OF UEllATi:. 
 
 ancc; and whcMi a ineinlicf is s[)ojikiiig, no nu>ml)oi' ^Iwill liilor- 
 nipt him, (ixcopt to orcUd', nor pass iK'twooii him and tlio chair; 
 and no luonihtd' may pass holwccn tho chair and Iho tahlc, nor 
 l)et\vecM the (diair and the niaec, when (hi; riiaco has hi'on (alvcii 
 oil' llu? tahlc hy the scrjt'anl." 
 
 It is vory irrcLi-uhir lor ni<Mnl)ors to leave their seats 
 abruptly when the speaker is retiring' IVom the house at 
 six o'eh)ek, or at the hour oi' adjouniniciit. The two 
 houses have the same rules on the subject: 
 
 "When the house adjourns, the meinhers shall kee]> their scats 
 until the speaker has left the chaii*."' 
 
 AVheni'ver a niessaci'e is received i'roni the li'overnor-uen- 
 eral, "signed by his own hand," the speaker will read it 
 to the House of Commons, " while the members stand un- 
 covered."" But when the clerk proceeds to read papers 
 transmitted with the message, the members may resume 
 their seats. 
 
 II. Precedence in Debate.— The speaker of the Commons 
 will always give precedence in debate lo that member 
 who first catches his eye. Itule 11 provides also lor cases 
 where several members rise at the same time : 
 
 *' AVhcn two or more members rise to speak, Mr. Speake)- calls 
 upon the member who first rose in his place ; but a motion may 
 be made that any member who has i-isen ' be now heard,' or ' dj 
 now speak.' " ' 
 
 It is usual, however, to allow priority to members of 
 the administration, who wish to speak ; and in all import- 
 ant debates it is customary for the speaker to endeavour 
 to give the preference, alternately, to the known sui)port- 
 
 1 Sen. R. 8 ; Com. li. 3. 
 
 -' 2 Hatsell, 305 ; 12!) E. Com. J. 83,316 ; mpva, p. 3Ul. 
 
 •^ See -May (pp. 344-5), who gives an example where two members rose at 
 the same time and a motion lieing made that one be now lieard, the other 
 took immediate ailvantago of it and spoke to the question. I. ^Memorials 
 of Fox, 295. 
 
wnriTi'.s sniiK iiKs. 
 
 34.> 
 
 ors and opponents oi' ii nicaMirc or (picstion ; ;in<l it is 
 iiTOQ'uliir to intorH'iv with tlie speaker's call in favour ol' 
 any otlK'rnn'nilu'r. lUit in disputed lascs an tpp<'al may !)•' 
 made to the house in aeoordance with therule just cited.' 
 
 Tliere is no rule in the S«'nate like that oi'the Commons. 
 If two members rise at the same time in the House of 
 Lords, it is proper for the «hancellor to point out who, in 
 his opinion, iirst rose ; but the chancellor or chairnnm of 
 committees has no absolute right to determin*' the ques- 
 tion ; and in all cases of Aariance of opinion the decision 
 nuist rest with the house,-' which may forthwith procee*! 
 to vote who shall be heard.' The lord chancidlor isu'iven, 
 by courtesy, precedence over other peers, should he rise 
 to speak at the same time with other members.' 
 
 III. Written Speeches not Permissible — It is a rule in })oth 
 houses of rarliament thai a member must address the 
 house orally, and not read from a written, previously pre- 
 pared, speech; for the reason, as stated by ^Ir. Fox in IHOG, 
 that " if the practice of reading written speeches should 
 prevail, members might read speeches that were written 
 by other people, and the time of the house be taken up in 
 "';usidering the arg'uments of persons who were not de- 
 
 Tving of their attention."' It is the invaria])h' practice 
 cO discountenance all such written speeches, and it is the 
 duty of the speaker to interfere when his attention is 
 directed to the fact." Members may, however, make use 
 of notes in delivering a speech.' 
 
 ' 1 Todd, 324 ; G7 E. Hans. (3), 898 ; 77 Ih. 8(56 ; l.-)3 //;. 830. The dol)atr. 
 of 12th March, 1878, on the tariii" (see Canadian Hansard of that date), 
 illustrates how members on diti'erent sides follow each other alternately ; 
 the convenience is obvious. 
 
 -' 18 E. Hans. (1), 719, n. ; 4th Jan., 1811. 
 
 ^ 34 Lords' J. 30(5 ; May, 343. 
 
 * 21 E. Hans. (N. S.), 187-8 ; May, ;143. 
 
 '•• Pari Deb. ISOO, vol. 7, pp. 207-8. 
 
 ^ 223 E. Hans. (3) 178. 
 
 '' Pari. Deb., 1806, p. 208. 
 
;} 40 n UL ES OF DEB A TE. 
 
 IV. Extracts from Papers.— It is now in order for a mem])er 
 to maktM'xtriicts IVom newspapors or < iier imblicatious 
 as part of his speech,' provided in doing so he does not in- 
 fring*} on any point of order. But there are certain limi- 
 tations to this right ; for it is not allowable to read any 
 petition referring to del)ates in the hous*'.- Neither is it 
 regular for a member to read a paper which he is asking 
 the house to order to be produced. ' Nor is it in order to 
 read articles in newspapers, letters or other communira- 
 tions, whether printed or written, emanating from persons 
 out of the house, and referring to, or commenting on, or 
 denying anything said ]>y a member or expressing any 
 opinion as to proceedings within the house.' During a 
 debate on the tariff in the session of 1877, Mr. Mills re- 
 ferred to the opinions of Sir Alexander Gait, formerly a 
 meml)er and minister of finance. Subsequently one of 
 the Caiuidian papers published a letter from Sir Alexander, 
 in answer to some of Mr. Mills's remarks ; and the latter 
 rose and proposed reading from the paper in question ; 
 but the speaker interrupted him and questioned the pro- 
 priety of this course — a decision entirely in accordance 
 with the English rules of debate.' It is quite in order, 
 however, for a member to quote from a printed paper, on 
 which he proposes to found a motion." 
 
 » But it was not in order to do so up to 1S40. 4 E. Hans. X. S.. 022-.^. 
 But gradually the in-artico became as it now is, 1:5 E. Hans. {?,} 884 [lSo2] ; 
 Mirror of 1\, 1840, vol. !(>, p. lii'S-i ; Ih. 1841, vol. 17, p. 22r)(;. The prai'tire 
 is often carried to excess in the Canadian houses. 
 
 - Mirror of P., 1840, vol. 20, p. 4820. 
 
 ' 12 E. Hans. (1 ) 104;); 10 ///. (1 j 700. 
 
 ^Gl E. Hans. (3) 141,001, 002; 04 Ih. 20; 2:50 Ih. 1330 ; 241 Ih. 831: 
 245 lb. 1073. 
 
 ^ 183 E. Hans. (3) 820. When a member proposed to read a letter in 
 the "Times" from General Hay, Mr. !<peaker Denison interposed and 
 said that " the lion, member had exercised a wise discretion in not doinu' 
 so." The house, however, is generally very indulgent in allowing this 
 rule to be susixMieled, in special cases when the conduct of a member is 
 in question, or when it requires more inff)rmation on a matter of contro- 
 versy. Chief Justice Young's letter. Can. Hans. 12th Fe1>, 1878. 
 
 ^24GE. Hans. (3), 1000. 
 
RF.FERESX'ES TO SOVEREIGX, ETC. 
 
 347 
 
 It has been laid dowu by the highest anthoritifs that 
 " when a minister of the Crown quotes a pul)lic document 
 in the house, and founds upon it an ar^-uni'uit or assertion, 
 that document, if called for, ought to be produced." ' But 
 it is allowabh; to repeat to the house information which 
 is contained in a private communication." AVhen such 
 private papers are quoted in the house, there is no rule 
 requiring- them to be laid on the table." The rule respect- 
 ing the production of public papers, quoted by a minister 
 of the Crown, is necessary to giv«' the hous»" the same in- 
 formation he possesses, and enable it to come to a correct 
 conclusion on a question. It does not appear that the 
 English Commons have ever applied this rule to the case 
 of private members, citing public documcMits not in the 
 possession of the house.' 
 
 V. References to the Queen or Governor-General.— It is expressly 
 forbidden to speak disrespectfully of her Majesty or her re- 
 presentative in this country, or of any member of the royal 
 family."' Neither is it permitted to introduce the name of 
 the sovereign o her representative in debate, so as to in- 
 terfere with the freedom of discussion, or for the purpose 
 of influencing the determination of the house, or the votes 
 of members with respect to any matter pending in Parlia- 
 
 ' Lord Piilinorston, Kit) E. Han^^. (3), 212!) ; :Mr. riiimin<r'.s case. 63 K. 
 Com. J., 4tli March, 1S08; 170 E. Haas. (3), W)2 ; 150 i//., 1587; 235 Jh., 
 ;<o5, Bvit ho may refuse in case lie beUeves that the pul)Hi; interests 
 would he jeopardized, 243 E. Hans. (3), ♦)40-41. 
 
 - Lord Ptrlmerston, 14() E. Hans. (3), 175!) ; 15(') Ik, 15S7. 
 
 •' 17!) lb., 4!)0; Can. Hans., 0th March, 1S77 (Mr. Vail's letter.) 
 
 * It does not appear that the English antliorities suiiport a deci^-ion of 
 the speaker in 18S0 (Can. Com. J., p. 200) to the effect that a privati' 
 member who quoted from public documents ought to lay them on th^ 
 table. See ^lay, 37i). Also, the debate in the case of Sir C. Nai»ier (137 
 E. Hans. (3), 2G1), during which a jirivato member read long extract- 
 from public pap<.>rs, iu possession of the government, hut not l)efore the 
 liouse. The propriety of his course was questioned, but it was mjt claimed 
 he should lay them on the table. 
 
 ^Com. E.,13. 
 
34^ RULES OF DEBATE. 
 
 ment.' Cases, however, may arise where it is permissible 
 to introduce the name of the sovereign or of the governor- 
 general in debate. A member of the government maV' 
 with the authority of the sovereign or governor-general, 
 make a statement of facts, provided it is not intended to 
 influence the judgment or decision of the house." A case 
 in point occurred in 1870 when Mr. Disraeli was permit- 
 ted to give an emphatic denial, on the part of her Majesty, 
 to some remarks made by Mr. Lowe as to certain alleged 
 unconstitutional influences brought to bear upon minis- 
 ters and members in favour of the lioyal Titles Bill. On 
 that occasion Mr. Speaker P»rand said : 
 
 "If the statement of the rii^lit lion, u'entleraun rehites to mat- 
 ters of fact, and is not made to inHuence the judgment of the 
 house, I am not prepared to say that, with the indulgence of the 
 house, he vcaxj not introduce her Majesty's name into that state- 
 ment." Mr. Disraeli then proceeded to state, on the j^art of her 
 Majesty, '-that there was not the slightest foundation for the state- 
 ment made by Mr. Lowe."^ 
 
 It is not unusual in the Canadian house for the leader 
 of the government to make statements with reference to 
 the relations between the cabinet and his Excellency, the 
 (xovernor-Greneral, or in answer to false reports in the pub- 
 lic press. In the session of 1879 Sir John Macdonald, 
 then premier, read a statement from the Mai quis of Lome 
 
 1 Mr. Speaker Lefovre, 69 E. Hans. (3), 24, 574; 228 Ih., 133-6 ; 235 Ih., 
 1596. In 1783, Dec. 17, the House of Commons resolved that it was "a 
 high crime and misdemeanour, derogatory to the honour of the Crown. 
 a breach of the fundamental privileges of parliament, and subversive of 
 the constitution of the country, to report any opinion or pretended 
 ■opinion of his Majesty uj^ou any bill or other proceeding." Also, see the 
 remonstrance of the Lords and Commons to Charles I. on the 16th De- 
 cember, 1641. 
 
 - Sir Robert Peel, 9tli May, 1843. 69 E. Hans. (3), 24, 574. 
 
 ■* 228 E. Hans. (3), 2037. In a subsequent speech a member was 
 allowed to quote from a diary published with the sanction of her Majesty, 
 when the passage cited did not affect any measure before the house ; 244 
 J6., 492-3. 
 
rJJLEVAXCY OF SPEECHES. 
 
 340 
 
 giving' him authority to deny certain inaccurate state- 
 ments that had appeared in the Toronto '" Globe" with 
 respect to the reference to England of the question of the 
 dismissal of Lieutenant-Grovernor Letellier de St. Just.' 
 
 When despatches are brought down from her Majesty 
 or the governor-g-eneral, it is of course perfectly legitimate 
 to discuss the subject-matter,-' but it is irregular to say 
 that they have been brought down for a purpose.' 
 
 VI. Relevancy of Speeches.— A just regard to the privileg-es 
 and dignity of Parliament demands that its time should 
 not be wasted in idle and fruitless discussions ; and con- 
 sequently every member, who addresses the house, should 
 endeavour to confine himself as closely as possible to the 
 question under consideration. If the speaker or the house 
 believes that his remarks are not relevant to the question, 
 he will be promptly called to order by the former.' It is 
 not, however, always possible to judge as to the relevancy 
 of a member's remarks, until he has made some progress 
 with his argument. The freedom of debate requires that 
 every member should have full liberty to state, for the 
 information of the house, whatever he honestly thinks 
 may aid it in forming a judgment upon any question 
 under its consideration.'' It is, therefore, always a delicate 
 matter for the speaker to interfere unless he is positive 
 that the member's remarks are not relevant to the subject 
 before the house. On such occasions he may very pro- 
 perly suppose " that the member will bring his observa- 
 tions to bear upon the motion before the house ;" '' or 
 " that he will conclude with something? that w411 brinsc 
 
 ' Can. Hans. [1S79], 1100. 
 
 - Can. Hans., 1st March, 1877 (appointment of senators). 
 
 •' Mr. Speaker Cockburn, 3rd November, second session, 1S73, Com. Jour. 
 
 * 227 E. Hans. (3), 783, 896; 229 lb., 1751 ; 230 lb., 1099 ; 231»/6., 1222 ; 
 238 Ih., 214, 1976 ; 242 lb., 1696, 1700, &c. 
 
 * Cushing, p. 635. 
 
 « 18 E. Hans. (3), 89 ; Mr. Speaker Sutton. 
 
350 RULES OF DEBATE. 
 
 him within order.'" But the momoiit there is no doubt 
 as to the irrelevancy of a member's observations, the 
 speaker will call his attention to the fact.- And he may 
 find it necessary to caution a member that " he is ap- 
 proaching the limits of propriety which confine hon. 
 members in speaking- to that which is relevant to the 
 subject on hand," and to express the hope " that he will 
 be cartiful to confine himself to that which is relevant." ' 
 In the English Commons the authority of the speaker, 
 in cases wh(n-e members persist in making irrelevant 
 remarks on a question, has very recently been enlarged. 
 A member who repeatedly wanders from his subject is at 
 once reminded by the chair that he must keep to the 
 question, and if he continues in his irregular course he is 
 " named" as disregarding the authority of the speaker.* 
 
 VII. Length of Speeches.— Membti'rs are not limited to time 
 when they address the house. Attempts have been made 
 in vain in the English Commons to pass resolutions con- 
 fining speeches to a certain fixed limit of time. For 
 instance, in the session of 1849, whilst the standing orders 
 were under consideration, Mr. Milner Gribson proposed 
 that members should be confined to speeches of an 
 hour's duration, excepting only the introducers of original 
 motions, and ministers of the Crown ; but the house 
 negatived the proi^osed amendment by a large majority.'* 
 Similar motions have sometimes passed in the old Parlia- 
 ment of Canada ; but a short experience proved that it was 
 not practicable, nor conducive to the public inte^"ests (which 
 are necessarily involved in free discussion) to limit the time.'' 
 
 ' Mr. Speaker Abbott ; Gushing, p. 637. 
 - 242 E. Hans., 169G ; Mr. Speaker Brand. 
 ^ 222 J/>., 1199. 
 
 * 264 E. Hans. (3), 374, 385, 388, 389, 393, 396; See S. 0., 27tli Xov., 1882. 
 
 * 102 E. Hans. (3), 258. 
 
 •'Leg. Ass. J. [1851], 163, half an hour; [1854-5], 162 ; three-quarters 
 of an hour. In the House of Representatives at AVashington there are 
 rules limiting the time of speaking. Wilson's Digest of Pari. Law, 404. 
 
MOTIOXS FOR ADJOUllXMEyT. 
 
 351 
 
 But while no limit has boon placed to the lonirth of a 
 member's speeeh in the English Commons, a debate may 
 now be closed when the speaker or the chairman of the 
 committee of the Avhole is of opinion that a subject has 
 boon adequately discusstnl, and the house resolves thai 
 the question should be put forthwith. The cJofure has 
 not yet been adopted in tho Canadian Parliaraent.' 
 
 Vni. Motions for Adjournment— The rule requiring that 
 speeches should be relevant to the question under con- 
 sideration has never been applied in tin; Canadian 
 houses — nor until recently in the English Parliament — to 
 motions for the adjournment of the house" or of the 
 debate." New rules have been very recently adopted in 
 the English Commons to confine debate to the motion for 
 adjournment, when it is made during the discussion of 
 any matter.' But so far the Canadian house has not 
 shown any disposition to waive what may l)e a valuable 
 privilege on certain occasions, when much latitude of 
 debate is necessary. A motion for the adjournment of the 
 house may be made while a matter is under discussion, 
 or in the interval of proceedings. In the first case such a 
 motion is in the nature of an amendment, and in the other 
 it is a substantive motion, to which a reply is permitted 
 to the member who makes it.' 
 
 Motions for the adjournment of the house or the debate 
 are generally made in the Canadian houses in the course 
 of a discussion, in order to give an opportunity to members 
 who have already spoken to si^eak again'' or to m.ake 
 
 i 
 
 ^ See infra, p. 380 for the English S.O. on this sut)ject. 
 
 2 May, 350 ; 99 E. Hans. (3), 119(3 ; IGl lb., 344. 
 
 '^ 85 lb., 1405 ; 182 lb., 2172-5. 
 
 * See new S.O. on this subject at tho end of this chapter. 
 
 ^Rule 15 of Com., wfra p. 354 ; rule 22 of Sen., infra p. 353 ; 186 E. Hans. 
 (3), 1505. 
 
 ^ See Can. Hans., March 8. 1877 (Graving Dock at Levis) ; lb., March 
 13, 1878. Also, 261 E. Hans. (3), 999. 
 
;J5 2 Rl^L KS F I) KB A TE. 
 
 certain cxplanatioiis which, otherwise, they might not be 
 able to make' 
 
 Substantive motions Tor the adjournment of the house 
 ought to be reserved for oi^asions when it is necessary to 
 discuss questions of gravity." They are not unfrequcntly 
 proposed in the Canadian Commons with the vi«»w of 
 bringing before it some question in Avhich a member is 
 immediately interested, and which he believes should be 
 explained l)y himself with as little delay as possible. 
 Consequently we find they have been sometimes made for 
 the purpose of giving a positive denial to certain charo-es 
 made aa'ainst mem])ers.'' In 1878, a member brouii'ht to the 
 notice of the house, on such a motion, that certain dom- 
 inion officials were taking part in the provincial elections 
 of Quebec* 
 
 But even this practice, which is liable to abuse, has its 
 limitations. No member will be permitted, on such -a 
 motion, to discuss an order of the day,' or a notice of 
 motion on the paper,'' or a motion which was dropped 
 owing to a count-out." On the 10th of July, 1875, Mr. 
 "Whalley was proceeding to discuss a resolution of which 
 he had given notice, but for which he could not find a 
 seconder; Mr. Speaker Brand called him to order on the 
 ground that he was attempting under cover of a motion 
 of adjournment to discuss a matter which was not rea'u- 
 larly before the house.'"* It has also been decided that a 
 motion of adjournmi^nt is out of order on a motion that 
 
 ' Can. Hans. [1S83], 949. 
 
 - 188 E. Hans, (o) 1.523-(). 
 
 •' Can. Hanp, [1878] 2057. 
 
 * Ih. [1878] 2227. 
 
 ^ 140 E. Hans. 2037 ; 225 Ih. 1824 ; 231 H,. 424, 420. Not even if the 
 motion deals with a kindred subject, 260 lb. 1985, 2008, 2011 ; Blackmore 
 (1883) 23. 
 
 « 185 Ih. (3) 88') ; 187 Ih. 775. Can. Hans. 10th April, 187G ; 209 E. 
 Hans. (3) 1246 (Lords). 
 
 ■ 224 lb. 593 ; Blackmore [1882] 70. 
 
 •'' 225 E. Hans. (3) 1664 ; Can. Hans. [1880] 1916. 
 
lU'LES LnnrTxr; d eh ate. So 3 
 
 the house go into committeo on u bill on ix future day.' 
 When there is a question before the house, and a member 
 moves the adjournm<»nt, he must oonline himself to the 
 ([uestion." Nor, on a motion for the adjournment of the 
 debute, ean a membiM' refer to a vote just previously given, 
 nor review what has taken place in the house;' nor debate 
 the subject-matter of a bill.' It has also btvn ruled that 
 a member moving the adjournment of the house for the 
 purpose of asking if another mem1)er had a certain con- 
 versation with the si)eaker was committing a gross abuse 
 of the privileges of the motion." 
 
 IX. Rules limiting Debate.— Both houses have imposed 
 upon themselves very strict rules with the view of pre- 
 venting membtn-s from occupying unnecessarily their time 
 on any question under consideration. The following are 
 the rules of the Senate, regulating the limits of debate : 
 
 21. "A senator may speak to any question heforo the Senate, 
 or upon a (piestion or an amendment to be proposed by himself; 
 or upon a ([ucstion of order arising out of the debate ; but not 
 otherwise, without leave of the Senate, which shall be determined 
 without debate, 
 
 22. "' Xo senator may speak twice to a question before the 
 Senate^ except in explanation or reply, when he has made a sub- 
 stantive motion. 
 
 23. '• Any senator may require the question under discussion 
 to be read at any time during the debate, but not so as to inter- 
 rupt any senator whilst speaking. 
 
 24. " "When a question is under debate no motion is received 
 unless to amend it, to commit it, to postpone it to a certain day, 
 for the previous question, for reading the orders of the day, or 
 for the adjournment of the house. 
 
 ' 221 E. Hans. (3) 744. 
 
 - 232 Ih. 1733, 1734. 
 
 •' 257 J6. 1351-2. 
 
 '259/6.179-80,530. 
 
 '" 263 lb. 50-51 ; Blackmore [1883] 22. 
 
 23 
 
354 RULES OF DEBATE. 
 
 25. " Any sonutor called to oi'dop shall sit down and shall not 
 proc'oed without leave of the Senate." 
 
 The forcg-oiiii'' rules are su]>staiitially the same as those 
 of the IIous(! of Commons, to whose practice we shall now 
 proceed to refer. It is ordered })y the rules of that house : 
 
 15. '•' No member may speak twice to a question, except in 
 explanation of a nuiterial ])ai*t of liis speech, in which he may 
 have heen misconceived, but then he is not allowed to introduce 
 new matter. A reply is allowed to a member who has made a 
 substantive motion to the house, l>ut not to any meml)er who has 
 moved an order of the day, an amendment, the ''previous ques- 
 tion," ' or an instruction to a committee." ^ 
 
 It is the practice in the Canadian house for tln^ member 
 who makes a motion to give the name of his seconder, 
 who may, if necessary, lilt his hat as evidence that he has 
 intimated his consent, and under such circumstances he 
 is allowed to speak at a subsequent stage of the debate ou 
 the fjuestion.' But if a member who moves an order of 
 the day or seconds a motion, should rise and say only a 
 word or two, — that he moves the order or seconds the 
 motion — he is precluded from again addressing the house 
 according to a strict interpretation of the rules.' In moving 
 an amendment, a member is obliged to rise, and though 
 he may only propose his amendment, he is considered to 
 have exhausted his right to speak on the question before 
 the house."' On the same principle when a member rises 
 and simply reads a substantive motion to the house, he is 
 considered to have spoken to the question, but he may 
 claim the right of rei)ly at a later stage." 
 
 1 May, 360. 
 
 '^ Nor, under English decisions, to the mover of a motion for referring a 
 bill to a committee specially constituted and enlargin<j its terms of refer- 
 ence ; May, 360. 
 
 3 This is the English practice; May, 361 ; 210 E. Hans. (3) 304. 
 
 * 194 E. Hans. (3) 1470. But it is unusual to enforce the rule so strictly 
 as in the case cited. Also, 4 Hans. N. S., 1013. 
 
 5 118 E. Hans. (3) 1147, 1163. Mr. B. Osborne's am. ; May, 361. 
 
 ^ Can. Hans. 14th April, 1877 ; secret service (Mr. Young). 
 
Sl'KAKiyr; TWICE ox A QCKSTTOX. 355 
 
 A member who has already spoken to a question has no 
 right to rise again and propose an amendment or the ad- 
 journment of the house, or of the d(;bate, though he may 
 .speak again to those new questions, when they are moved 
 by other members.' For the same reason a member who 
 has moved the adjournment of the debate which has been 
 negatived cannot speak to the original question.- A 
 member who has moved or seconded the adjournment of 
 a debate cannot afterwards rise to move the adjournment 
 of the house.' And " as a member who moves an amend- 
 ment cannot speak again, so a member wlio speaks in 
 seconding an amendment, is equally unable to speak again 
 upon the original question, after the amendment has been 
 withdrawn, or otherwise disposed of. In both cases the 
 members have already spoken while the question was 
 before the house, and before the amendment had been 
 proposed from the chair.'" 
 
 It is usual for a member who Welshes to have the floor 
 on a future day to move the adjournment of the debate, 
 and to give him the priority when it is resumed. The 
 house also frequently agrees to adjourn the debate in order 
 to allow an opportunity to a member to continue his 
 speech on a future occasion.' But a member must rise in 
 his place when the house resumes the debate, othervvise 
 he will forfeit his privilege.'' If a member should move 
 the adjournm.ent of the debate, and the house should 
 
 ' :\Iay, 362 ; 222 E. Hans. (3), 1120 ; 237 lb. 408. 1532. :\Ir. Holton, 25th 
 Feb., 1S7<8 (gov.-gen.'s expanses). 
 
 - 227 E. Hans. (3), 1098 ; 254 Ih. 1793 ; 257 Ih. 1351-2. 
 
 '' May, 362 ; 202 E. Hans. (3), 448-450 ; 240 lb. 123. 
 
 * May, 361 ; 241 E. Hans. 1311. It appears, however, from a later deci- 
 sion that if a member moves an amendment, and does not speak, ho "will 
 be allowed to address himself to the main question by withdrawing the 
 amendment ; 217 E. Hans. (3), 1405. 
 
 '•> See Can. Hans. 7th April, 1877 (Mr. Costigan),and lb. pp. 1206-7. Also, 
 13 E. Hans. (1), 114 ; 194 lb. (3), 1470 ; 196 lb. 1365. 
 
 ^ 126 E. Hans. (3), 1246. This rule has been always observed in the 
 Canadian house. 
 
35G /; ( 'rj-:s of deha te. 
 
 negativo that motion, he will have exhausted his right ot 
 speaking on the main question' When a de])at»; is ad- 
 journed until a future day, a member -who has previously 
 spokt!n on the subject will have no right to speak again, 
 unless a new question has been proposed in the shape of 
 an amendnKMit." 
 
 X. Personal Explanations —But there are certain easivs where 
 the house will permit a member who has already spoken 
 to a (piestion to make souk^ lurther remarks by the way 
 of explanation before the debate Finally closes. For in- 
 stant.'e, when a meml)er conceives himself to have been 
 misunderstood in some material part of his speech, he i.> 
 invariably allowed, through the indulgence of the house, 
 to explain with respect to the part so misunderstood, ' and 
 this privilege of explanation is permitted without leave 
 being actually asked from the house.' But such explana- 
 tions must be conlined to a statement of the words actu- 
 ally used, when a member's language is misquoted or 
 misconceived, or to a statement of the meaning of his lan- 
 guage, when it has been misunderstood by the house ;' 
 for the speaker will call him to order the moment he goes 
 beyond that explanation, and replies to the remarks of 
 members in the debate ;'* or attempts to censure others ;' 
 or proceeds to state what he was going to say, but did 
 not f or to give the motives which operated in his mind 
 to induce him to form the opinion which he had ex- 
 
 1 194 E. Hans. (3), 1470 ; I'JO Ih. 1365 ; 232 lb. 1341 ; Can. Hans. 13th 
 April, 1878 (Mr. McDougall). 
 
 - 1 E. Com. J. 245 ; May, 302. 
 
 •■' 12 E. Hans. (3), 923 ; 223 lb. (8), 1187 ; lb. 367 ; Sen. Deb. [1874], 84. 
 
 * :May, 359. 
 
 » 167 E. Hans. (3), 1215. 
 
 « 66 E. Hans. (3), 884 ; 165 lb. 1032 ; 223 lb. 367 ; 224 lb. 1924 ; 232 
 lb. 358 ; Mr. Goudge, Can. Hans. 3rd April, 1878. 
 
 ' 175 E. Hans. (3), 462-6 ; 252 lb. 225. 
 
 « 1 lb. (1), 814, 815 ; Can. Hans. [1875], 861-4. 
 
VKIiSOS. I /- llXl'l. . 1 S. 1 770.\X 35 1 
 
 pressed;' or to oxpliiiii the lanu'Uii'j;''' ol" other inembers ;■ 
 or to explain the coiuhict ol' another person;' or to g-o 
 into any new reasoning or aruiiment. It is nee(>ssary, 
 however, to observe here that in all cases of i>»>rsonal ex- 
 planation the house is generally disposed to be indulgent 
 and will Irequently " waiv*> u rigid adherence to estab- 
 lished usage,"' especially when the public conduct of a 
 member is involved.' The indulgence of the liouse will 
 also be given to a member who has already exhausted his 
 right of speaking, when he states that certain facts Jiave 
 come to his knowledge with respect to a matter in which 
 the house is interi'sted, and on which it is necessary that 
 the house should come to a correct decision.' The same 
 indulgence is almost invariably showii to ministers of 
 the Crown, when it is necessary to place the house in full 
 possession of all the facts and arijuments necessary to give 
 a full understanding of a question.'' Th«' house will also 
 always be disposed to listen indulgently to explanations 
 in refutation of statements injiiriously alfectini"- the con- 
 duct of important public functionaries or oliicers of the 
 army or navy." But while great latitude is allowed in 
 personal explanation, no refertmce should be made to 
 another member in connection with th«' subject except in 
 his presence." 
 
 ' 29 E. Han.s. (1), 409. 
 
 -2(i J6. (1), ;n5; 41 //'. I(i7. 
 
 ■' 38 E. Hans. (3), 13. 
 
 * 87 E. Hans. (3), 537 ; 222 Ih. 1187 ; Sen. Deb. [1873], 10-12. St^ Can. 
 Hans. 1878, 12th Feb., Avhen Messrs. Jones and Tai)per were allowed to 
 speak twice in jx^rsnnal explanation. 
 
 ^ 2 Hatsell, 105 ; 111 Grey, 3-37, 410 ; 18 E. Hans. (3), 510, 555 ; Cashing, 
 p. 623. 
 
 « 119 E. Hans. (3), 88, 153. 
 
 " 148 E. Hans. (3), 672, 1364, 1458. Can. Hans. [1878], 803. Sir John 
 Macdonald, when orders were called, read memorandnme from Chief 
 Justice Young and Judge Desbarres in answer to remarks of Mr. Alfred 
 Jones in the house on 12th Feb. See also 210 E. Hans. (3), 400, -Mr. Roid, 
 admiralty organisation. 
 
 ^ 210 Ih. 1783, Blackmore's Sp. D. [1882], 151-2. 
 
358 R ULES OF DEB A TE. 
 
 XL. Calling in Question a Member's Words.— WhateA'er a mem- 
 ber says in explanation — whether relating to the words 
 or the meaning of his speech — is to be taken as true and 
 not afterwards called into question. The words, which 
 he states himself to have used, are to be considered as 
 the words actually spoken ; and the ^ense in which he 
 says they were uttered, as the sense in which they are to 
 be taken in the debate.' 
 
 XII. Interruption of Members.— It is a well recognized rule 
 that when a member is in possession of the house he can- 
 not be deprived of it without his own consent, unless 
 some question of order, or of privilege should arise ; in 
 which case he must sit dow^n until such question has 
 been disposed of." A member who interrupts another on 
 a point of order should state it clearly, and must not pro- 
 ceed to wander beyond it, and touch upon the question 
 under debate.' A message from the governor-general, 
 brought by the usher of the black rod, will also interrupt 
 a member and bring the debate immediately to a close. 
 In the August meeting of 1873, Mr. Mackenzie was ad- 
 dressing the house, when the gentleman usher knocked 
 at the door and was ordered to be admitted by the speaker, 
 who proceeded forthwith to the Senate chamber where 
 the houses were formally prorogued.^ No member who 
 rises to a question of order or privilege will be permitted 
 to move an adjournment of the house or of the debate 
 under the cover of such question. In such a case the 
 speaker will prevent him proceeding fiirther, and call 
 upon the member who had first possession of the house 
 to proceed.' "Whilst a member is addressing the house. 
 
 1 21 E. Hans. (2), 393 ; Can. Hans. 1878, l.")th Feb. (Mr. Dymond). Also, 
 2 E. Hans. (I), 315 ; 61 Ih. (3), 53 ; 200 ^'>. 918 ; 245 H>. 1474. 
 
 -R. 17,SMpr«,p. 343. 
 
 '' 7 E. Hans. (1), 194, 208 ; 195 Jh. (3), 2U07-8. 
 
 * Pari. D.b., 13th August, 1873. Also, 2 H- ^1, 374-7. 
 
 '45 E. Hans. (3) 956. A member has beer ■ ' oduced whilst a member 
 was speaking ; Mr. White, 11th March, and Mr. Orton, 12th March, 1879. 
 
SPEAKING OX CALLING OF ORDERS. 359 
 
 no one has a right to interrupt him by putting a question 
 to him, or by making or demanding an explanation.' A 
 member will, at times, allow such interrux)tions through 
 a sense of courtesy to another, but it is entirely at the 
 option of the member in possession of the house to give 
 way or not to an immediate explanation ; and it is quite 
 manifest that all such interruptions are very inconvenient 
 and should be deferred until the end of a speech.- But any 
 member, under rule l-t, may require the question under 
 discussion to be read at any time of the debate, but not so 
 as to interrupt a member whih' speaking." 
 
 AYhen, in the English Commons, a member has fre- 
 quently interjected remarks while another member has 
 been speaking, he has been warned by Mr. Speaker that if 
 he continues such disorderly interruptions, he will be 
 " named " as disregarding the authority of the chair un- 
 der the rigid rules lately adopted for the seemly conduct 
 of debate.'^ 
 
 XIII. SpeaMng on Calling of Orders.— It is a common practice 
 for members in both houses to make personal explanations 
 or ask questions of the government before the orders of the 
 day are taken up. They may make these exi)lanations 
 in reference to an inaccurate report of their speeches in. 
 the official record* or in the newspapers f or in denial of 
 certain charges made against them in the public prints f 
 or in explauation of certain remarks which had been mis- 
 
 1 192 E, Hans. (;5), 749. 
 
 - 231 E. Hans. (3) 301 ; 220 lb. :)o7. 
 
 '' 261 Ih. 12.j0, 1257 ; Blackinore (1S83) 22. 
 
 * Mr. Pouliot, Hans., 1878, p. ,-)31. Senator Miller, Sen. Hans. [1880] 243. 
 
 ^ Pari. Deb. [1870] 522. 
 
 "Can. Hans. [1875] 801-2; Ih. [1878] 1311. It has been often ques- 
 tioned vhether it is allowable t(j make sut-li explanations on the ground 
 of privilege, unless the conduct of a member as a member is attacked, 
 and unless in that case he concludes with a motion. Mr. Holton''* 
 remarks, 21st March, 1878 ; also 11th April, 1878. See on this point supra 
 p. 317 and 222 E. Hans. (3) 1186-1203. 
 
360 RULES OF DEBATE. 
 
 understood on a previous occasion, and which they had 
 not before had an opportunity of exphiining ;' or in respect 
 to the incompleteness or inaccuracy of certain returns 
 brought down under the order of the house." Questions 
 may be asked, when the orders are called, relative to the 
 state of public Inisiness, or other matters of public interest.' 
 But no discussion should be allowed, w^hen a minister has 
 replied to a question, nor after a member has made his 
 personal explanation. ' In asKing a question, a member must 
 not attack the conduct of the government.' If a member 
 wishes to make personal explanations in reference \o re- 
 marks which have fallen from another member, the latter 
 ought to be in his place ;" and he will take steps, as a mat- 
 ter of courtesy, to inform the member of his intention to 
 address the house on the subject at a particular time." But 
 no question can be put, nor remarks made, after the clerk 
 has read the first item on the order pnper ; for then all 
 questions or remarks most clearly relate to the business 
 under consideration." 
 
 In case of ministerial changes, explanations are generally 
 allow^ed to be made in both houses when orders of the day 
 are called by the speaker.' When the premier or member 
 leading the government in the house has made such 
 explanations, it is usual to permit the leader of the opposi- 
 tion to make some remarks on points arising out of the 
 former speech. In fact, considerable latitude is allowed on 
 such occasions in the Canadian house. In the English 
 Commons, it is irregular to permit any debate, after the 
 ministerial statement has been made, unless some ques- 
 
 1 87 E. Hans. (3) 480. 
 
 '' Can. Hans. [1878] 532, 593. 
 
 5 //). [1878] 593, 70S. 
 
 * Ih. [1878] .595. 
 
 5 Ih. [1878] 1269. 
 
 «210E. Hans. (3)1783. 
 
 » 174 Ih. (3) 192. 
 
 8 May, 284. 
 
 9 214 E. Hans. (3) 1945 ; Sen. Deb. [1873] 31-30 ; Can. Hans. [1877] 32. 
 
IlEFKRESCES TO OTHER MEM HERS. 3G1 
 
 tion is formally proposed to tho house ; and the same 
 practice obtains in the Lords — a motion for the adjourn- 
 ment being' made when a debate is expected.' 
 
 XIV. Manner of addressing another Member.— A member ad- 
 dressing the house must not mention another member by 
 name, but must refer to him in certain terms which the 
 experience of Parliament has proved to be best calculated 
 to preserve the decorum of debate. The Senate have an 
 express rule on this point ;- and it is usual in that house to 
 speak of another senator as " the hon. member for Grrand- 
 ville" (or other division he may represent) ;' or simply the 
 hon. member ;' or "the hon. postmaster-general'' (or other 
 office he may hold in the government) ;"' or his hon. friend 
 and colleague from Nova Scotia (or other province)." In the 
 Commons, members are referred to as " hon. member for 
 
 f ' the hon. minister of inland revenue ; the hon. 
 
 premier, or first minister, or the hon. gentleman who leads 
 the government ; the hon, and learned member ; the right 
 hon. gentleman ; or in such other terms as designate a 
 member's position, rank or profession." But it is not irre- 
 gular to refer to members of a previous parliament by 
 name,"" nor even to refer to a member by name, when 
 there are two gentlemen of the same name sitting for a 
 constituency, and it is necessary to distinguish between 
 them.'' 
 
 ' 153 E. Hans. (3) 1206. 
 
 - K. 20. "Every senator desiring to speak is to rise in his place 
 uncovered, and address himself to the rest of the senators, and not refer 
 to any other senator by name. 
 
 ' Pari. Deb. [1870] 1440, 1442. 
 
 ' lb. 1442. 
 
 ^ Ih. 1446, 14o0. 
 
 « 7^. 1480. 
 
 ' Can. Hans. [1877] 11, 17, 33, 212, 241 ; 231 E. Han.'i. (3) 301, &c. Also, 
 Sen. Deb. [1879] 124. ?90. 
 
 '^ 252 E. Hans. (3) 1364-5. 
 
 3 261 Ih. 23. 
 
362 R ULES F DEB A TE. 
 
 XV. References to the other House— It is a part of the un- 
 written law of Parliament that no allusion should be 
 made in one house to the debates of the other chamber, a 
 rule always enforced by the speaker with the utmost 
 strictness.' Members frequently attempt to evade this 
 rule by resorting to ambiguous terms of expression — bv 
 referring, for instance, to what happened " in another 
 place ; " " but all such evasions of a wholesome practice 
 will be stopped by the speaker, when it is very evident to 
 whom the allusions are made. It is perfectly regular, 
 however, to refer to the official printed records of the 
 other branch of the legislature, even though the document 
 may not have been formally asked for and communicated 
 to the house.^ 
 
 XVI. References to previous Debates-— No member, in speak- 
 ing, can refer to anything said or done in a previous 
 debate du.ring the same session — a rule necessary to econo- 
 mise the time of the house.' Neither is it regular to refer 
 to arguments used in committee of the whole f nor to an 
 amendment proposed in the same." Neither may a mem- 
 ber read, from a printed newspaper or book, comments on 
 any speech made in Parliament during the current session.' 
 
 1 228 E. Hans. (3) 1771 ; Sen. Deb. [1871] 284. " There is no S. O. on 
 the subject, but tlie unwritten law of Parliament is of equal, if not of 
 greater force than any S. O. of this house." (Mr. Speaker Brand, June 9^ 
 1870; Blackmore's Sp. D. [1882] 117-8.) In the old time^^ of conflict 
 between the legislative council and assembly of Lower Canada this wise 
 rule was constantly broken ; a very memorable case is mentioned in II. 
 Christie, 370-G. 
 
 •' 159 E. Hans. (3) 1 1 :H. 
 
 '■" 99 E. Hans. (3) Gol ; lo^* Ih. 857. Also, 4 E. Hans. (N.S.) 213. 
 
 ♦ 13 E. Hans. (N.S.) 129 ; 2i'9 lb. (3) 124 . Can. Hans. [1879] 1824. The 
 rule, however, does not apply to the different stages of a bill ; 229 E. Hans. 
 (3)374; 239//>. 974. 
 
 '■> 154 E. Hans. (3) 985 ; 221 Jb. 1043-^, Blackmore's Sp. Dec. [1882] 50. 
 
 6 221 E. Hans. (3), 1044. 
 
 ' 203 lb., 1(313 ; 221 lb,, 309. Nor even ask a member if he is correctly 
 reported to have made certain statements that session ; 238 lb. 1403. 
 
PRESERVATION OF ORDER. 363 
 
 It is also in contravention of the rules of the house to 
 discuss measures which are not regularly before it.' But 
 a reference to a previous debate, by way of illustration, 
 is in order." 
 
 XVII- Rules for the Preservation of Order— Very strict rules 
 have been laid down, from time to time, by the two houses 
 for the jireservation of decorum and order in their debates 
 and proceedings. The Senate has also adopted the follow- 
 ing rules to prevent the use of personal and uni)arliament- 
 ary language in the course of debate : 
 
 26. " All personal, sharp, or taxing speeches are forbidden, and 
 any senator conceiving himself offi'ided, or injured in the Senate, 
 in a committee room, or in any of the rooms belonging to the 
 Senate, is to appeal to the Senate fc • redress, 
 
 27. " If a senator be called to order, for words spoken in debate, 
 upon the demand of the senator so called to order, or of any other 
 senator, the exceptionable words shall be taken down in writing. 
 And any senator who has used exceptionable words, and does 
 not explain or retract the same, or ofter apologies therefor, to 
 the satisfaction oi the senator^ will be censured or otherwise dealt 
 with as the Senate may think fit." 
 
 Similar orders have been, for centuries, the rules of the 
 House of Lords. ^ In case of a difference between senators 
 the matter will be discussed with closed doors.^ The 
 Senate will also " interfere to prevent the prosecution of 
 any quarrel between senators, arising out of debates or 
 proceedings of the Senate, or any committee thereof."" 
 The Lords have even extended this rule to prevent quarrels 
 which have happened outside from proceeding any further.*^ 
 In such matters, however, the speaker has no more au- 
 
 ' 235 E. Hans. .323 ; 236 i:>. 15. 
 ' 234 lb. 1910. 
 
 ^ S. 0. 16 and 19 ; June 13th, 1626 ; Mirror of P. 1833, vol. 22, p. 2855. 
 * Sen. Deb. [1871] , 83. For a ease of taking down words, and a subsequent 
 retraction, see Sen. Deb. [1880], 300. 
 ^ Sen. R. 28 ; 31 Lords' J. 448. 
 « May, 375 ; 36 Lords' J. 191. 
 
364 RVLES OF DEB An:. 
 
 thority than any other peer,' and in that respect occupies 
 a position very different from that of the spealver of the 
 Commons, whose duty it is to stop a member the moment 
 he is guilty of a breach of order, and to enforce the rules 
 and usage of the house with promptitude and decision. 
 
 In the House of Commons a member will not be per- 
 mitted by thc! speaker to indulge in any reflections on the 
 house itself, as a political institution, or as a branch of the 
 government ;- or to impute to any number of members 
 unworthy motives for their action in a particular case ;' 
 or to use any profane or indecent language, such as is 
 unfit for the house to hear or for any member to utter ;' 
 or to question the acknowledged and undoubted powers of 
 the house in a matter of i:>rivilege ;' or to rellect upon, 
 argue against, or in any manner call in question, the past 
 acts and proceedings of the house ;'' or to speak of com- 
 mittees as if they were the special nomination of any per- 
 son or " packed by the majority" ;' or to speak in abusive 
 and disrespectful terms of jin act of parliament ;"' or to 
 speak in terms of disrespect of the members of the other 
 house of parliament.' Personal attacks upon members 
 will always be promptly rebuked by the speaker. " There 
 is no rule better established," said Mr. Speaker Addington 
 on one occasion, " than that qui digreditur a materia ad 
 personam is disorderly, that whatever wanders from the 
 subj ect in debate and is converted into a personal attack is 
 contrary to order." '" No member will be permitted to say 
 
 1 May, 3y(». 
 
 ^ 13 S. O. ; 11 E. Com. J. 580 ; \h E. Hans. (1), 338-9 ; 236 Ih. (3), 397. 
 ^ 6 E. Haiife. (X. S.), 69, 70. Not to memtors of the government, for 
 instance, 245 E. Hans. (3), 1587. 
 *l(ilh. (3)217; 218/6. 1331. 
 ^ 4 E. Hans. (N. S.), 1168. 
 « 2 Hatsell, 234 ; 2 E. Hans. (1), 695. 
 ■ 4 76. (1), 738 ; Can. Hans. [1878], 630. 
 « 35 E. Hans. (1), 369. 
 » 264 lb. (3), 1590. 
 " 38 Pari. Reg. 367 ; also, 6 E. Hans. (N. S.), 69, 70, 518 ; 16 Ih. 470. 
 
unpahliamextary languack 365 
 
 of another that he could expect no candour from him ;' 
 that he only affected to deplore the distresses of the coun- 
 try ;' that his remarks are insulting to the house and to 
 the country ;' that he is in the habit of uttering libels in 
 the house ;' that he is guilty of gross misrepresentations ;'* 
 that he has acted basely or from base motives ;'' that he is 
 observed indulging in a smile unworthy of a man ;' that 
 the house has a right to know whether u member meant 
 what he said or knew what he meant."" No member can 
 ])e allowed to ai^ply the expression '" impertinence " to 
 another member ;" or to attribute motives'" or any inten- 
 tion to insult others ;" or to question the honour of any 
 one ;'" or to tell a member that he went about the country 
 telling palpable lies ;'' or that certain mem])ers would 
 shrink from nothing, however illegal or unconstitutional ;" 
 or that " members came to the house to benefit them- 
 selves ;" '' or that " a member has acted as a traitor to the 
 sovereign ;""^ or " that liberty and regard of private right 
 are lost to the house," and that a "' minister had transferred 
 himself from a constitutional minister into a tyrant ;" '' or 
 that a member has stated what he knew not to be correct ;'"^ 
 or that he does not believe a statement h«i himself has 
 made ;'** or that he haa inspired another member in a 
 certain disorderly course which had brought down the 
 censure of the house ;■" or that he shelters himself behind 
 his temporary privilege to evade a criminal action ;-' nor 
 
 1 33 E. Hans. [1], 505. ' 4 Ih. [2], 243. 
 
 ' 3 lb. [3], 1152, 1153. ' 3 lb. [3], 1194. 
 
 ^ 8 lb. [2], 410. « 27 lb. [3], 120. 
 
 ' 4 Jb. [3], 561. ^ 4 lb. [2], 240. 
 
 '•'230 76. [3], 863. 
 
 '» 35 Ih. [1], 723 ; 6 lb. [2], 69 ; 231 lb. [3], 437. 
 
 " 228 lb. 2029, 2030. '^ 222 lb. 329. 
 
 '^ 223 lb. 1015. " 219 lb. 589. 
 
 '^6 Jfe. [2],69. »« 257 //>. 1294. 
 
 '" 264 lb. 390 ; Blackmore (1883), 26. 
 
 18 261 lb. 1028. 19 261 lb. 996. 
 
 =«• 261 lb. 419. ' " Can. Hans. (1883), 519. 
 
■i66 II ULES OF DEIL 1 Ti:. 
 
 may he refer to another member "as the member who sits" 
 for a (onstitueiicy ;' or say that he is a " servih^ follower" of 
 a government." On one occasion in the English House of 
 Commons a member said that " at last he had got at the 
 truth ; ])ut it had taken a long time to extract it — not from 
 any intention of the right hon. gentleman (Mr. G-oschen). 
 to mislead the house, but from the tendency of olHcial 
 habits." The speaker said, on Mr. G-oschen rising to 
 remonstrate, that " he thought the hon. member was about 
 to qualify his statement, and he trusted that the hon. 
 member would now withdraw it."' On another occasion 
 a member having spoken of " a course which he held to 
 be unworthy of a minister of Victoria, unworthy to be 
 listened to by any man of honour in this house," the 
 speaker interposed immediately and said that " the hon. 
 member was exceeding the rules of debate."' Again, 
 when a member has intimated that he would move the 
 adjournment, unless certain explanations were given, the 
 speaker has interposed and called him to order for using 
 language menacing to the house."' "Words which are plain 
 and intelligible, and convey a direct meaning, are some- 
 times used hiipothefically or condiiionaUy, upon the idea, that, 
 in that form, they are not disorderly. But this is a mis- 
 take. If, notwithstanding their being put hypothetically 
 or conditionally, they are plainly intended to convey a 
 direct imputation, the rule is not to be evaded by the form 
 in which they are expressed. Thus, w^here a member, 
 being called to order for personal rem virks, justified himself 
 by saying that he was wholly misunderstood, he had put 
 the case hypothetically, the speaker, Mr. Manners Sutton, 
 said "the hon. member must be aware that putting a 
 hypothetical case was not the way to evade what would 
 be in itself disorderly."^ 
 
 1 Can. Hans. [1883] 520. * 220 Ih. 583. 
 
 2 76. (1878), 2191. ^ 261 Ih. 1082. 
 
 3 218 E. Hans. [3], 1875. « 7 /6. 722, 723 ; 28 Ih. 15. 
 
CALIJXa A MEMIIKR TO OUDKR. 3G7 
 
 It is the duty of th(» speaker to interrupt a member who 
 makes use of auy language which is clearly out of order. 
 Ou one occasion Mr. Speaker Sutton said : 
 
 "That ho ahvuyrt felt it a painful duty to interrupt members, 
 liut it was his first duty to preserve order in the house. Tho 
 orders of tho house were maile not for tho advantage of one ])arty 
 or the other, but for [>uhlic pui-poses, and to preserve tlie general 
 freedom of <lebate. His sole wish, on such occasions, was to pre- 
 serve the dignity of the house, and the regularity of debate."' 
 
 In matters of doubt - or of trilling importance, ' he will 
 naturally hesitate to call a member to order. Very often, 
 to quote Mr. Speaker Sutton again, 
 
 '' Ho may feel it most convenient to leave such subjects to be 
 I'egulated by the general sense of tho house, taking from them 
 the hint, and declining himself to interfere, unless under circum- 
 stances likely to obstruct the i)ublic business."* 
 
 But on all occasions it is the right of a member to rise 
 and call another member to order. He must state the point 
 of order clearly oiid succinctly, and it will be for the 
 speaker to decide whether the point is well taken. A 
 member is not at liberty, in rising to order, to review the 
 general tenor of a speech, but must object to some definite 
 expression at the moment when it is spoken.' It is legiti- 
 mate on such occasions for members to debate the point of 
 order, but they must confine themselves strictly to it." 
 When the speaker has pronounced his opinion it is almost 
 invariably acquiesced in ; but while no member can be 
 permitted to argue against it, he can take the sense of the 
 house thereon. Rule 12 provides : 
 
 " A member called to order shall sit down, but may afterwards 
 
 ' 6 E. Hans. (2) 69, 70 and 944 : 8 lb. 410 ; 228 lb. (3) 2029 ; 231 lb. 437. 
 
 ■'' 13 E. Hans. (2) 129, 130. 
 
 3 2 lb. (2) 944. 
 
 * 13 76. (2) 130. 
 
 ^195 E. Hans. (3) 2007. 
 
 « 1 lb. (1) 800, 801 ; 7 lb. 194, 208 ; 195 lb. (3) 2007. 
 
:)G8 n I- L ES OF DEIL 1 77;. 
 
 explain. The house, if appealed to, shall decide on the question, 
 Imt ^vilhout (U'hate. If there be no appeal the decision of tlic 
 chaii- shall he final." 
 
 But thorc live few instances, oven in th(3 early records of 
 the English Commons, of the speaker being' overrul<'d on 
 su(di points of parliamentary order.' No such instances 
 have occurred in the Canadian hous«'s, though there are 
 examples of his decisions on disputed points of procedure 
 having been over-ruh^d." In all matters of d()u])t, the 
 speaker will always listen attentively to the ojunions of 
 members of experience, or sometimes, instead of expniSs- 
 ing his opinion on either side, may ask instructions from 
 the house on the point in dispute ; ' or refer the question 
 to the discretion or feiding of the house ; ' or suggest that 
 the house may, if it think proper, dispense with the rule 
 in a particular case. ' Also, in many doubtful cases, the 
 speaker will be entirely guided by the circumstances con- 
 nected therewith," and will endeavour to meet the wishes 
 of the house, when he has heard them expressed." 
 
 XVin. Naming a Member.— AVhen a member has been called 
 to order by the speaker, for a breach of parliamentary 
 decorum, it is his duty to bow at once to the decision of 
 the chair, and to make an apology by explaining that he 
 did not intend to infringe any rule of debate, or by imm<'- 
 diately withdrawing the offensive and unparliamentary 
 language he may have used."* In case, however, a member 
 
 ^ Gushing, p. 677. 
 
 '^ Can. Com J., [1873] 59. The house may also discuss as a point of 
 order any apparent irregularity in the procedure. For instance, if a 
 i-uember thinks a question has not been put distinctly and regularly from 
 the chair ; 174 E. Hans. (3) 19G0-4. 
 
 37E. Hans. (1)188,207,208. 
 
 * 6 Ih. (1) 847 ; 4 Ih. (2) 518, 519. 
 
 *15/6. (1)154; 16 J6. (1)739. 
 
 « 1 E. Hans. (1) 800, 801. 
 
 ^ Mirror of P., 1840, vol. 16, p. 1634. 
 
 « 230 Eng. Hans. (3) 863; 231 Ih. 437 ; 107 E. Com. J. 277. 
 
xi.u/.w/ .1 MFjuiiin. :i»)9 
 
 persists in his uiiptirlijimcninry ('onduct, the spoakor Avill 
 })«' roiiipt'llcd to n(imi' liiin, lUid sulnnit his ioiuliict to th«? 
 judgmont of (lie lions*', in nccordiinc*' with n very old rnlo : 
 
 '•That no incMuhei' do prosmno to make any iioiso or distiirl)- 
 anco whilst any nienihcr shall be oi-dei-ly dchatini;-. or whilst any 
 hill, ordei", or other matter shall he in readint? or opcnini; : and 
 in case of any sneh noise or distni'hanee that yiv. Spoaker do call 
 upon the member by name, makiiii^ sneh distnrbanee ; and that 
 every such person shall ineiu- the dis])leaMire and eensure of tlie 
 liouse.'' ' 
 
 In sneh ii «uise tlie nn^'inhor whoso conduct is in question 
 should explain and withdraw, and it will ))t' for the house 
 to eonsidi'r what eourse to pursue in nd'erence to him. If 
 the house consider the exi)lanation sullicient, it will 1)«^ 
 proper for a member to make a motion to that effect, 
 which will he adopted and duly recorded." Or when a 
 iiieml)er has withdrawn after having- been named, some 
 one may move that he be called in and reprimanded by 
 Mr. Speaker in his place. Even then the offender may 
 take this opportunity of apologising to tin' house, throim-h 
 another member, for having transgressed the rules of the 
 house ; and in such a case the house may consent to the 
 withdrawal of the motion for censure, and allow the 
 member to return to his place in the house without a 
 reprimand. ' I>ut when the house has agreed that a mem- 
 ber should be reprimanded, he will be ordered to attend 
 in his placH^ at a parti(nilar time ; and when he is there, in 
 obedience to the order, the si:)eaker will request him to 
 stand up, and immediately proceed to reprimand him ; 
 and w^hen he has finished, the reprimand will, on motion, 
 be placed on the journals.* The house, in all cases, should 
 i^ive every proper opportunity to an offending member to 
 make such a defence as may satisfy the house and avoid 
 
 >Ees. of Jan. 22d, 1693. 
 
 •' Can. Leg. Ass. J. [1852-3], 12G ; lb. [1861], 270. 
 
 ' 30 Pari. Hist. 114. 
 
 * 3 Mirror of P. [1838], 2231, 2233, 2263, 2267. 
 
 24 
 
370 
 
 RULES OF DEBATE. 
 
 a reprimand. In the case of Mr. riimsoll, in the session 
 of 18t5, it was shown that he had made use of most ofien- 
 sive expressions "whilst extremely ill, and labouring 
 under excessive mental excitement — the result of an over- 
 strain acting upon a very sensitive temperament." Under 
 these circumstances it was considered most advisable that 
 Mr. riimsoll should not be required to attend in his place 
 till some days later. It was accordingly agreed to adjourn 
 the debate until a future day, when Mr. Plimsoll appeared 
 and apologised to the house ; and then the order of the 
 day for the adjourned debate having been read, Mr. 
 Disraeli moved that it be discharged, which was agreed 
 to unanimously.^ 
 
 XIX. Words taken down.— "When a member makes use of 
 any disorderly and unparliamentary language, it is the 
 right of another member to move that it be taken down.- 
 Still the speaker wall not immediately order the w^ords to 
 be taken down, but will be guided by the sense of the 
 house on the subject.^ Hatsell says on this i^oint : 
 
 " The speaker may direct the clerk to take the words down ; but 
 if he sees the objection to be a trivial one, and thinks there is no foun- 
 dation for their being deemed disorderly, he will prudently delay 
 giving any such direction, in order not unnecessarily to interrupt 
 the proceedings of the house. If, however, the call to take down 
 the words should be pretty general, the clerk will be certainly 
 ordered by the speaker to take them down in the form and man- 
 ner of expression as th^y are stated by the member who makes 
 the objection to them ^ 
 
 The motion to tr a down the words should include the 
 exact words (as fj is possible) that may be objected to.^ 
 When the motion ^as been made, it is allowable to dis- 
 
 1 225 E. Hans. (3), 1824 ; 226 I b. 178. 
 
 ^ See Sen. R. 27, supra, p. 363. 
 
 3 272 E. Hans. (3), 1563, 1565. 
 
 ^ 2 Hatsell, 273, n. 
 
 5 3 Mirror of P. [1838], 2233 ; 186 E. Hans. (3), 882. 
 
WORDS TAKEN DOWN. 371 
 
 CUSS it before the speaker puts the question thereon to the 
 house — the object being to give every opportunity to the 
 offending member to withdraw the offensive expression, 
 and apologize to the house.' When he apologizes, the 
 motion will be almost invariably withdrawn with the 
 uenend consent of the house.- If the speaker rules that 
 the expression complained of is not unparliamentary, a 
 member will not be permitted to move that the words be 
 taken downi.' It is also the rule : 
 
 " That, if any other person speaks between, or an}^ other mat- 
 ter intervenes, before notice is taken of the woi"ds which give 
 oifence, the woi'ds are not to be written down or the party cen- 
 .<ured." -^ 
 
 Consec[uently the objection must be taken immediately 
 that the words are spoken.' It will also be too late to 
 interrupt the member and ask that his words be taken 
 down if he is allowed to continue his speech for some 
 time after he has given utterance to the objectionable lan- 
 guage .'' 
 
 When the speaker finds that the majority are in favour 
 of taking down the words, he will order them to be taken 
 down in the form and manner of expression as they are 
 stated by the member who has first moved in the matter. 
 They are then entered on the clerk's minutes, and the 
 
 1 186 E. Hans. (4), 882-887. 
 
 -219 J6. 589. 
 
 m5 J6. 276. 
 
 ' 2 Hatsell, 269 n. ; 93 E. Com. J. 307, 312, 313. Consequently " any 
 exception taken to words spoken in debate must be taken on the spot at 
 once, and no words spoken can be noticed afterwards in the house, if such 
 exception has not been taken to them ; and if the words themsel\ es liave 
 not been taken down by the clerk at the table ;" 165 E. Hans. (3), 616-626. 
 In this case there was a prospect of an encounter between two members, 
 and the house could only proceed to prevent such a meeting ; the words 
 originating the difhculty could not be discussed. 
 
 '9 E. Hans. (1), 326. 
 
 « May, 378. See also 48 E. Hans. (3), 321, which shows that in the 
 Lords also, the words must be taken down instanter. 
 
872 
 
 nVLES OF DEBATK 
 
 member who spoke the words has the right to read them 
 or have them read to him hy the speaker;' and he mav 
 then deny that those were the words he spoke ;" and it 
 he does so the house may proceed to consider his explana- 
 tion and decide l)y a question w^hether he had or had not 
 used the words.^ If he does not deny that he spoke those 
 w^ords/ or when the house has itself determined what the 
 words w^ere, then the member may either justify them or 
 explain the sense in which he had used them with thi^ 
 view of removing" th(^ objection taken to them.' If his 
 explanation or ai)olog'y be deemed sufficient by the houso 
 no further' proceeding is necessary." Or the house mav 
 feel compelled to resolve that the words are most dis- 
 orderly, and proceed to censure him." Or the house mav 
 resolve that the words are not disorderly by negativing' 
 the motion to censure the member.^ Or the house may 
 go still further and order the offending member to be 
 committed to the custody of the serjeant-at-arms and im- 
 prisoned." "VYhen the words have been taken down at 
 the table the member should explain and withdraw, and 
 then the house will proceed to consider what course to 
 take w4th reference to him.'" Sometimes the house may 
 be disposed to allow every indulgence to a member who. 
 in the heat of debate, has allowed expressions to escape 
 him w^hich are calculated to offend the house or some 
 member thereof. In such a case the house will not deal 
 immediately wath the matter, but will order that it be 
 
 1 2 Hatsell, 273, n. ; 235 E. Plans. (3), 1809-1833 ; 272 lb. 1571. 
 '' 32 E. Com. J. 708. 
 •' 2 Hatsell, 273, n ; 18 E. Com. J. 653. 
 * 126 E. Hans. (3), 1194. 
 
 » 2 Hatsell, 273, n ; 32 E. Com. J. 708 ; 6G lb. 391 ; 126 E. Hans. (3), 
 1207. 
 « 66 E. Com. J. 391 ; 137 lb. 395. Sen. Deb. [1880], 300. 
 ' 18 E. Com. J. 653. 
 « 32 lb. 708. 
 « 18 Jb. 653. 
 10 126 E. Hans. (3), 1208 ; 235 lb. 1S09-26. 
 
MISBEIIAVlOni IX COMMITTEES OR LOUllIES. 373 
 
 laken into consideration at a future time, and that the 
 member do attend in his phio' at the same time. AVhen 
 the orders of the day, for the consideration of the words 
 objected to and for the attendance of the member, have 
 been read, the speaker will ask if he is in his place, and 
 will proceed to explain the state of th«' matter, and give 
 liim a further opportunity for an apolog}''.' 
 
 The words of the speaker may also be taken down and 
 reiorded by the clerk, who may read them to the house, 
 which can then proceed to deal with the matter as in the 
 ease of any member on the floor." 
 
 XX. Misbehaviour in Committees or Lobbies.— When a member 
 misbehaves himself in a committee of th(» whol(\ his con- 
 duct must be reported to the house, which alone can cen- 
 siue and punish any act of disorder.' If objection be 
 taken to any words that a member may use in com- 
 mittee, the chairman will put the fjuestion whether they 
 should be taken down, and if the sense of the committee 
 is in favour of doing so. he will proceed to report them to 
 the house Which will follow the procedure usual in all 
 cases when a member has committed an offence.^ But 
 when words have been taken down in committee, it is 
 always open to the offending member to withdraw the 
 objectionable expressions, and to apologise to the house 
 for having used them. In c^ase his apology is accepted, 
 the fact of his having made it will be duly entered on the 
 journals.'"' 
 
 If a member insult another in any of the lobbies or 
 rooms belonging to the place, the attention of the speaker 
 may be directed to the fact when he is in the <hair. It is 
 
 ' 12G E. Hans. (3), 1207, 1218, 1234. 
 
 - 32 E. Com. J. 707-8. 
 
 ' Com. R. 76; 233 E. Hans. (3). 9ol.950. 
 
 * 108 E. Com. J. 461, 466; 126 E. Hans. (3), 1193-1207 ; 2.35 Ih. 1809-1833. 
 
 ■' 137 E. Com. J. 253. 
 
374 
 
 RULES OF DEBATE. 
 
 then for tho house to consider what course it ought to 
 take with reference to the conduct of the oifendin^' mem- 
 ber/ 
 
 XXI. Proceedings to prevent hostile Meetmgs.— From the fore- 
 going and other illustrations of the procedure in the case 
 of the use of unparliamentarv language, it will be seen 
 that it is the duty of the speaker to call upon the olfending 
 member to make an apology or rotract the ^vords which 
 are objected to." Unless this were done, unph^asant con- 
 sequences might at times result. If a member should 
 send a hostile message to another on account of words 
 used in Parliament, it will be the duty of any member, on 
 being informed of the fact, to call the attention of the 
 house to the matter, " as a breach of one of its most im- 
 portant privileges, that there shall be perfect freedom of 
 speech in its debates." The speaker, on being informed 
 of so distinct a breach of its privileges, will at once call 
 on the offending member, if he be present, " to express his 
 regret for the breach of privilege he has committed, and 
 to give an assurance to the house that the matter will 
 proceed no further," The member should then immedi- 
 ately proceed " to acquit himself of any disrespect to the 
 house or its privileges and give the required assurance."' 
 If the members are not present, tliey will be sent for im- 
 mediately, and the nei^essary assurances asked from each.* 
 If the member who has committed a breach of order 
 either in the house, or in a committee of the whole, or 
 
 1 Case of Dr. Kenealy who insulted Mr. Sullivan, 23P. E. Hans. (3) 951- 
 956. See also for previous precedents, 122 E. torn. J. 221 ; 122 E. Hans. 
 (3), 274. 
 
 ■' 183 E. Hans. (3), 801-2. 
 
 ■• Case of Sir E. Peel and the O'Donoglme, 1862 ; 165 E. Hans. (3), 610-626. 
 
 * Case of Mr. Praed and Mr. E. Lytton Bulwer, 1838 ; 93 E. Com. .T. 
 657 ; 6 Mirror of P. 1838, pp. 5132, 5137, 5138, 5147. A similar case occur- 
 red in the legislative assembly of Canada, sess. of 1849, when angry 
 worde passed between two jjrominent members during the exciting 
 debates on the rebellion losses bill ; Can. Leg. Ass. J. [1849], 88. For 
 other cases, see 89 E. Com. J. 11 ; 91 Ih. 484-5 ; 92 Ih. 270 ; 100 lb. 589. 
 
rUNLSHMEXT OF MISCOXDUCT. 375 
 
 ill a select committee, refuse to apologise or retract the 
 expression complained of, and there is a prosx)ect of a 
 quarrel arising" ]:>etween him and another member on ac- 
 count of such words, it will be the duty of some member 
 to move immediately in the house that he be taken into 
 the custody of the serjeant-at-arms. If the mem])er should 
 subsequently apologize and explain that the matter will 
 not proceed further, the motion for his arrest will be with- 
 drawn.' 
 
 XXII. Panishment of Misconduct.— Either house of raiiiament 
 has full authority to punish those members who are 
 guilty of contempt towards it, by disorderly or contuma- 
 cious l)ehaviour, by obstruction of the public business," or 
 by any wilful disobedience of its orders. Any member, 
 so offending, is liable to punishment, whether by censure, 
 by suspension from the service of the house, or by com- 
 mitment, as the house may adjudge. Suspension is now 
 the mode of punishment freely used in the English House 
 of Commons,'" under the new orders which will be found 
 at the end of this chapter. If a member refuse to with- 
 draw when suspended, the speaker will order him to be 
 removed by the Serjeant. 
 
 It is usual when a charge of misconduct is made against a 
 member to hear any explanation which he may have to offer ; 
 but " if the house should be of opinion that the offence 
 which the lion, member has committed is flagrant and cul- 
 pable, and admits of no apology, it will be competent first, 
 without directing him to attend in his place, to order 
 him to be committed to the custody of the serjeant-at- 
 arms.'" This was done in the English Commons, in the 
 case of Mr. Feargus O'Connor in 1852.^ Subsequently a 
 
 ' 8 E. Hans. (2), 1091-1102 ; Can. Le?. Ass. .T. [lcS49], 8S ; lOG E. Com. 
 J. 313 (committoo of whole). For procedure in case of altercations in a 
 select committee, see 91 E. Com. J. 464, 468 and 34 E. Hans. (3), 410, 486. 
 
 ^ Mr. Speaker Brand, 132 E. Com. J. 375. 
 
 •' 136 E. Com. J. 55, 56. 
 
 * 122 E. Hans. (3), 367-73 ; 107 E. Com. J. 278, 292, 301. 
 
376 
 
 RrLJ':.S OF DEBATE. 
 
 petition, .stating- that he was of unsound mind, was re- 
 ceived and referred to a select committee, which reported 
 that the allegations therein were correct, and it was ac- 
 cordingly ordered that he be discharged from custody.' 
 
 XXIII. Withdrawal of Members.— From the ioregoing illus- 
 tratiouF of the practice of the House of Commons iu cases 
 of disorderly language or behaviour, it will l)e seen that 
 whenever the conduct of a member is under (Consideration 
 it is his duty to withdraw from the house ; })ut he should 
 be first allowed an opportunity to explain and to know 
 the nature of the charge against him.- For instance, when 
 a member is named by Mr. Speaker for disorderly conduct 
 or language, he will explain and withdraw.' In case he 
 persists in remaining, he will be ordered to withdraw, as 
 soon as a motion iu reference to his conduct has been pro- 
 posed.' "When the charge is contained in the report of a 
 committ(H\ or in certain papers which are read at the table, 
 the member accused knows to what points he is to direct 
 his explanation, and may, therefore, be heard to those 
 points before any question is moved or stated against him ; 
 and in such a case he is to be heard and to withdraw be- 
 fore any question is moved.' But where the question it- 
 self is the charge, for any breach of the orders of the 
 house, or for any matter that has arisen in debate, then 
 the charge must be stated — that is, the question must be 
 moved. The member must then be heard, in his explana- 
 tion or exculpation ; and then he is to withdraw." The 
 
 1 122 E. Hans. (3), (ill, 81(5. 
 
 2 2 iHatsell, 170 ; Cashing, p. ()'J2 ; :May, 392 ; 150 E. Hans. (3), 2102 ; 
 233 Ih. 951. 
 
 •^ Can. Leg. Ass. .J. [ISOl], 270 ; 120 E. Hans. (3), 1207. 
 
 * 235 E. Hans. (3), 1826 ; mpra, p. 372. 
 
 ^ 2 Hatsell, 170, 171, n.; Mirror of P. 1838, vol. 3, pp. 2159, 2164 ; lOl 
 E. Com. J. 582 ; 113 Ih. 68 ; 116 Ih. 377, 381. Case of Mr. Daoust, Can. 
 Com. J., 16th March, 1876. Ho will also be required to withdraw should 
 he present himself in the house before they have finally determined the 
 matter affecting him ; 85 E. Hans. (3), 1198. 
 
 « 235 E. Hans. (3), 1811-12. 
 
nKFEREyCES TO PERSOSS NOT MEM HE IIS. 3< / 
 
 priiicipl(i is thus stiitod by Hatsell : " tho memher com- 
 plained of should have notice of the charge, ])ut not of all 
 the arcruments." For instance, if a motion be made for a 
 select committee to inquire into the conduct of a member, 
 he will be heard in his place; and withdraw.' 
 
 The statement of a member made in his place in reply 
 to certain charges which appear on the journals, is also 
 frequently given in full on the re(^ord, especially in the 
 Canadian Commons." This, however, is only properly 
 done under more recent practice, when the charges art' 
 contained in papers laid before the house, and the reply 
 is read from a written paper. In Mr. O'Connell's case, in 
 1838, the speech complained of appears in full, and then 
 the journals simply record : " Mr. O'Connell having 
 avowed making use of these expressions withdrew.'" In 
 similar cases, when the charge is contained in a motion, 
 or when words have been taken down, or a conii^laint has 
 been made of a member's condm^t, the journals will 
 simply record the fact . that he " explained," or that " he 
 was heard in his place," or that " he made an explanation 
 in the course of w^hich he acknowledged or denied the 
 truth of the allegation.'" 
 
 XXIV. References to Judges and other Persons.— The rules of 
 the two houses are only intended to protect their own 
 members, and consequently any reflections on the conduct 
 of persons outside cannot be strictly considered as breaches 
 of order.' But the speakers of the English Commons now 
 always interfere to prevent as far as they can all personal 
 
 ' 91 E. Com. J. 314. 
 
 - 100 E. Com. J. .588 ; Can. Com. J. loth INIarcb, 187G. 
 
 ■' 93 E. Com. J. 307. 
 
 * 63 E. Com. J. 149 ; 132 ///. 144, 375- 
 
 ^ 223 E. Hans. (3), 1577. In a case where a member proceeded to attack 
 the private character of a deceasod nobleman (Lord Leitrim, assassinated 
 iu Ireland in 1878) in a most scandalous manner, the speaker could not 
 interfere ; the only way the member could be stopped was by having the 
 galleries cleared ; 239 E. Hans. (3), 1262. 
 
378 RULES OF DEBATE. 
 
 attacks on the jiidg-es and vourts of justice. They have 
 always ft'lt th(^mselves compeUed to say that " such ex- 
 pressions shoukl be withdrawn," and that " when it is 
 proposed to cull in quesiion the conduct of a judGfe, the 
 member desiring to Jj so should pursue the constitutional 
 course of moving e.a address to the Crown.'" Members 
 have even been interrupted in committee of the whole by 
 the chairman when they have cast an imj^utation upon a 
 judicial proceeding.- As another illustration of the strict- 
 ness with which the speaker may restrain members within 
 the limits of decorum, we may refer to the fact that wh(^n 
 a member has applied the word " tyrant " to the Emperor 
 of Russia, the speaker has at once interrupted him and 
 point(^d out that the language was not respectful to a 
 sovereign who is an ally and friendly to England.' Tho 
 speaker has also stopped a member who was using un- 
 parliamentary language towards an officer of the house 
 engaged at the time in the discharge of his duty.' 
 
 XXV. New Standing Orders of English Commons.— Several refer- 
 ences have been made in previous parts of this chapter to 
 the standing orders which have been lately adopted by 
 the House of Commons in England, with a view of pre- 
 venting systematic obstruction to public business, and 
 bringing the debates on a question within a reasonable 
 compass. When it became evident that there was a 
 settled policy of obstruction in the house, and that the 
 
 1 212 E. Hans. (3), 1809 ; 234 Ih. 1463, 1558 ; 238 Ih. 1953. 
 
 - 240 lb. 990-992. The lionsehas also refused to receive petitions reflect- 
 ing on courts of law, mpra, p. 265. Neither is it regular to discuss prc>- 
 ceedings that are nth judicc, 216 E. Hans. (3), 9G0-1 ; mpra p. 102 n. 
 
 •' 237 E. Hans. (3), 1639. Also, 238 Ih. 799. A member in the Canadian 
 Commons, on one occasion, was called to order for reflecting on the pro- 
 ceedings of the Quebec legislature ; Hans. [1878], 47. See also remarks 
 of speaker as to the course a member should pursue when he has charges 
 to make against the representative of a foreign jwwer ; 252 E. Hans. (3), 
 1902-7. 
 
 * 248 E. Hans. (3), 53. 
 
NEW STAND fXa ORDERS OP ENGLISH COMMONS. CTD 
 
 old rules were inefFoctive, the speaker felt constrained to 
 depart from the line of conduct hitherto observed by the 
 chair, and to interpose on one oe« asion when a sitting had 
 been continued for a j)eriod of forty-one hours, and the 
 house had been frequently occiipied with heated discus- 
 sions upon repeated dilatory motions for adjournment, 
 supported only ])y small minorities in op]wsition to the 
 general sense of the house. He felt compeUedto say, after 
 some preliminary observations : 
 
 *'The dignity, the credit, and tho authority of this house arc 
 seriously thi-eateiied, and it is necessary that thoy should be 
 vindicated. Under the operation of the accustomed rules and 
 methods of proecdui'c, the legislative powers of the liouse arc 
 paralysed. A new and exceptional course is imperatively de- 
 manded, and I am satisfied that I shall best carrv out the will of 
 the house, and may rely upon its support, if I decline to call upon 
 any more members to speak, and proceed at once to put the 
 (juestion from the chair. I feel assured that the house will be 
 prepared to exercise all its powers in giving effect to those pro- 
 ceedings. Futui'c measures for ensuring orderly debate, I must 
 leave to the judgment of the house ; but I may add that it will 
 be necessary cither for the house itself to assume more effectual 
 control over its debates, or to entrust greater authority to the 
 chair." 1 
 
 The best method of meeting what was clearly a crisis 
 in the proceedings of the house was the subject of earnest 
 deliberation for months on the part of the speaker, mini- 
 sters, and prominent members on both sides. The house 
 agreed, for the time being, to various orders and resolu- 
 tions of a tentative character. The speaker's authority 
 was strengthened, and a debate could be immediately 
 brought to a close under the new rules he submitted for 
 the regulation of public business in cases of urgency."- 
 The result of all these proceedings has been the adoption 
 
 1 Mr. Speaker Brand, on the 2d Feb., 1881. See 130 E. Com. J. 50 ; 257 
 E. Hans. (3), 2032-3. 
 - 136 E. Com. J. 57, b%, 78, 83, 123. 
 
380 
 
 nriJCS <U- DEIIATE 
 
 of standinii' ordcM's which iiiiposo rostraiiit on protrju^tod 
 dis(;ussi()ns, limit debate on motions lor iidjournmcnt. and 
 pvovidt' moro sunmifiry means i'or punishing- those meni- 
 })ers who may will'iilly and persistently ol)stru<t the 
 l)u])lic business. 
 
 Pi(lting Ihr Question. — A standin;"' order of the 27th oi 
 Novemlx'r, 1882, provides as follows for the prompt clos- 
 inq- of a debate, when it is the sense of the house that a 
 question has been suflieiently de])ated : 
 
 "That wlu'M it shall appear to Mr, Speaker or to Iheehaii'inan 
 of ways and means in a committee of the whole house, during 
 any debate, that the subject has been a(le(]uately discussed, ami 
 that it is the evident sense of the house, or of tlie committee, that 
 the question bo now put, ho may so infoi-m the house oi* the com- 
 mittee; and. if a motion be made 'That the ([uestion be now put,' 
 Mr. Speaker, or the ehaii-man, shall forthwith put such ([uestion; 
 and, if the same be decided in the atlirmative, the question un<ler 
 discussion shall be put forthwith: provided that the question, 
 •That the (juestion bo now put.' shall not be decided mi the 
 atfirmative, if a division be taken, unless it shall appear to have 
 been supported by more than two hundi-ed members, or unless it 
 shall appear to have been opposed by less than foi-ty members, 
 and supported by more than one hundred members." ' 
 
 Debate on Motiom of Adjournment. — The following' are 
 the standing orders which were finally adopted on the 
 2*7th of November, 1882, in order to prevent the abuse of 
 motions for adjournment : 
 
 "That when a motion is made for the adjournment of a debate 
 or of the house during any debate, or that the chairman of a com- 
 mittee do report progress, or do leave the chair, the debate there- 
 on shall be confined to the matter of such motion ; and no 
 member, having moved or seconded any such motion, shall be 
 entitled to move or second any similar motion during the same 
 debate." 
 
 " That if Mr. Speaker, or the chaii-man of a committee of the 
 whole house, shall be of opinion that a motion for the adjouni- 
 
 ' S. 0. xiv. 137 E. Com. J. 55, 491, 493, 499, 501. 
 
MOT loss roil M)jovnxMi:sT. 381 
 
 Tucnt of Ji (Ichatc or of llu' lioiiso <lui'in^ any <lcl»ato, or that tlic 
 clmirinan do report proji^rrris, or do Icavo the chair, is an ahiHc of 
 ihc lilies of the house ho may forthwith put tlio <|Uostion theie- 
 iipou from the ehair."' 
 
 Another staiidiiii^ order was also a(loi)t('(l at the same 
 time to restrain a practici^ wiiicli had grown up of hite 
 years, ofmovinii' the adjournnieiil of the house in i)uttina 
 qnestions in order to enal)l(' a nioiaber to dis<uss a matter 
 at hmgth, and in that way evach: the rule which permits 
 no argnm<»nt or debate on makini*' an in(|uiry. The 
 speaker was always accustomed on those occasions ta 
 point out the obvious inconveniences of such a course, 
 though he could not deny the right of a member to follow 
 it wh<'n he thought proper." Under sucli circumstances, 
 in revising the rules, it was found (expedient to adopt the 
 following standing order on the 2Yth of November, 18.S2 : 
 
 " That no motion for the adjournment of the house shall be 
 made until all the questions on the notice paper have been dis- 
 posed of, and no sucli motion shall be made before the ordei-s of 
 the day, or notices of motions have been entered ujion. except 
 by leave of the house, unless a member, rising in his place, shall 
 propose to move the adjournment for the pur})Ose of discussing a 
 definite matter of urgent public importance, and not less than 
 forty members shall thereupon rise in their places to support the 
 motion ; or unless, if fewer than forty members and not less than 
 ten shall thereupon rise in their places, the house shall, on a 
 division upon question put fortliwith, determine whether such 
 motion shall be made." '' 
 
 When a mem.b8r has obtained the leave of the house to 
 move the adjournment, in order to discuss a question of 
 public importance, he must confine himself in his speech 
 to that particular question, and not indulge in irrelevant 
 remarks on the motion.^ 
 
 ^ S. 0. X. and xi. 
 
 '' 232 E. Hans (3), 978 ; 244 //;. OOD, 911. 
 
 ^ S. O. ix. For procedure under this rule, see 279 Y.. Hans. (3), 52, 23S, 
 239, and 137 E. Com. J. 518, 519. 
 * 279 E. Hans. (3), 72, 74. 
 
382 
 
 ni'LKS OF DKUATK. 
 
 Snspf;nsi(ni for OhafrurtioH of Public Businrss. — Th(» ])Ow«'r 
 of sus[)(.'UKioii is inhi.Tcnt in every Ictrislutivo l)()dy, and 
 may bci prop«'rly ('X(»rriKod in <ases oi' ^Tave misconduct. 
 It is a power which has Ix'cn very rarely ex(»rcisod ])y the 
 House oi' Commons of Ent»-ljnid, until i\ui g-rave crisis 
 through which it has been passing lor some time past, 
 forced it to resort to llie measure as the most available 
 method of jmnishing mem1)ers guilty of wilful oostruc- 
 tion. After full consideration of the su])ject the house 
 finally placed on its journals the following' order provid- 
 ing for the suspension of a member for definite periods of 
 time : 
 
 "That whenever any mombor shall have been named by the 
 speaker, or by the chairman of u committee of the whole house, 
 immediately after the commission of the otteiice of disregarding 
 the authority of the chair, or of abusing the rules of the house 
 by persistently and wilfully obstructing the business of the house, 
 or otherwise, then, if the ottbnco has been committed by such 
 member in the house, the speaker shall forthwith put the ques- 
 tion on a motion being made, no amendment, adjournment or 
 debate being allowed, ' That such member be suspended from the 
 service of the house ;' and if the offence has been committed in a 
 committee of the whole house, the chairman shall, on a motion 
 being made, put the same question in a similar way, and if the 
 motion is carried, shall forthwith suspend the proceedings of the 
 •committee and report the cii-cumstance to the house ; and the 
 speaker shall thereupon put the same question, without amend- 
 ment, adjournment or debate, as if the offence had been com- 
 mitted in the house itself. If any member be suspended under 
 this order, his suspension on the first occasion shall continue for 
 one week, on the second occasion for a fortnight, and on the third 
 or any subsequent occasion, for a month. Provided always, that 
 suspension from the service of the house shall not exempt the 
 member so suspended from serving on any committee for the 
 consideration of a private bill to which he may have been ap- 
 pointed before his suspension. Provided also, that not more than 
 one member shall be named at the same time, unless several 
 members, present together, have jointly disregarded the author- 
 ity of the chair. Provided always, that nothing in this resolu- 
 
onsTiu'i Tios OF pcnrjc Jtvsixjuss. 883 
 
 tion shall l)0 taUon to doprivo tho Iiouhc of the powor of j)roccod- 
 ing against any ineml)or acoonling to ancient usages."' 
 
 These new orders sliow the extent to which the English 
 house has felt itself eonipelh'd to go in thc^ hope of i>reveut- 
 inii" such obstruction as has recently seriously impeded the 
 progress of public ])usiness in that })ody. Happily there 
 have been no events in the recent history of Canadian le- 
 gislatures, to show the necessity of adopting the same 
 extraordinary measures for preserving order, and ensuring 
 the despatch of necessary legislation. 
 
 ' S. 0. xii. matlo 28tl» Fob., ISSO, and aniondod 21st and 22nd Novond>er, 
 1882. For procoduro under tho onkir wliicli, as compared with that of 
 1880, extended tlio periods of susi^uision, see 2<i8 E. Hans. (3), 1015-17 ; 
 271 lb. 1203-5 (connnittee). 137 E. Com. J. 14!) ; 322, 323 (conunittee). 
 
CHAPTER XIII. 
 
 niVlSlOXS ox QUESTJOXS. 
 
 I. Putting the (iucstiou and division thoroon. — II. Prococdinjrs after a 
 division ; dialk'nging of votes ; pairs. — III. Questions " carried on 
 division." — IV. E(iuality of votes on a division ; casting vote of S])eake.r. 
 Y. Protest of Senators. — VI. !Xo momlx'.r interested directly in a ques- 
 tion can vote, thereon. — VII. Ivecording (jf names in the journals. 
 
 I. Putting the Q,uestion.— When the debate ou a question is 
 closed, and the house is ready to decide thereon, the 
 speaker jn-oceeds to "put" the question. The proceedings 
 in taking the sense of the house on a question are similar 
 in the Senate and Commons. Members for and against a 
 question are distinguished in the Senate as " contents" and 
 " non-contents ;" in the Commons as " yeas" and " nays." 
 
 The house generally exjiresses its desire for a decision 
 on a question by demanding at the close of the debate 
 that the members be called in ; and in that case, the 
 speaker does not read the question until the serjeant- 
 at-arms has reported that the members have been called 
 in. In many cases, hoAvever, the question is put with- 
 out calling in the members. The speaker rises in his 
 place and asks — " Is the house ready for the question ?" 
 If it is evident that no member claims the right of 
 speaking, the speaker proceeds to put the question by 
 reading the main m.otion, and then the amendment or 
 amendments in their order as the case may be.^ Having* 
 read the question on which the decision of the house is to 
 
 ^ See supra, p. 327. 
 
RULES RESPECTIXa A DIVISIOX. 385 
 
 be first given, he takes the sense of mem])ers by saying- — 
 "Those who are in favour of the question (or amendment) 
 will say content (or yea) ; those who are of the contrary 
 opinion will say non-content (or nay)." When the sup- 
 porters and opponents of the question have given their 
 voices for and against the same, the speaker will say — " I 
 think the contents (or yeas) have it ;"' or " I think the 
 uon-contents (or nays) have it ;" or "I cannot decide." It' 
 the house does not acquiesce in his delusion , the yeas and 
 nays (or contents and non-contents) may be called for. 
 But a division cannot be taken except in accordance with 
 the following rule of the Senate : 
 
 31. " If two senators vequiro it the contents and non-contents 
 arc entered upon the minute>»,^ provided the Senate shall not have 
 taken up other business; and each senator sliall vote on the ques- 
 tion Openly and without debate, unless for special reasons he be 
 excused by the Senate."' 
 
 In the Commons the yeas and nays can be taken only in 
 conformity with the following rule : 
 
 83. " Upon a division, the yeas and nays shall not be entered 
 on the minutes, unless demanded by five members." '^ 
 
 In the case of important questions, the members are 
 called in when it is proposed to close the debate, and 
 decide the matter under consideration. The moment the 
 
 ' Sen. J. [1882], 199. 
 
 - It has been often suggested that it is advisable to adopt the English 
 practice, by which a member who calls out with the noes and forces a 
 division should vote with the noes on the obvious principle that " it is 
 for the minority alone to api)eal from the si^eakers' decision to the ulti- 
 mate test of a division." May, 312 ; 183 E. Hans. (3), 1919. But such 
 a practice has never obtained in the Canadian house, and whilst atten- 
 tion has been frequently directed to its propriety, no speaker has ever 
 attempted to enforce it. Can. Hans. [1878], 2459. In consequence of the 
 absence of such a rule in Canada, one member may practically divide 
 the house, since those demanding a division are not bound to vote with 
 him. Can, Com. J. [1880-1], 157. If two tellers cannot be found for one 
 of the parties, no division is allowed to take place in England. May, 4CG. 
 
 25 
 
386 
 
 DIVISIONS ON QUESTIONS. 
 
 speaker orders that the members be called in, no further 
 debate will be permitted. The Senate rule is as follows : 
 
 33. " No senator may speak to a question after the order has 
 been given to call in the members to vote thereon, unless with 
 the unanimous consent of the house." 
 
 Rule 82 of the Commons is equally emphatic : 
 
 " When members have been called in, preparatory to a divi- 
 sion, no further debate is to be permitted." 
 
 The speaker gives the order — " Call in the members,' 
 and the serjeant-at-arms immediately sees that all the 
 bells are rung, and that other steps are taken to bring in 
 all the members from the lobbies and adjacent rooms.' 
 Several minutes elapse — no stated time is fixed as in the 
 English Commons, where a sand-glass for two minutes is 
 provided^ — and then the serjeant-at-arms returns and 
 announces the performance of his duty by an obeisance to 
 the speaker. The latter will then rise and put the ques- 
 tion as previously explained. If any member declares he 
 has not distinctly heard it, he has the right of asking the 
 speaker to read it once more, even after the voices have 
 been given.'^ 
 
 In the Senate the speaker says — " The contents will 
 now rise." Then the clerk or clerk-assistant, standing at 
 the table, proceeds to call the names — first looking at Mr. 
 Speaker, who remains seated, and indicates by an indica- 
 tion of the head his desire to vote, or his intention not to 
 vote by the absence of any movement on his part. In all 
 
 ^ The whips of the respective political parties in the house always, on 
 such occasions, take measures to bring in the members. 
 
 ■^ A very loose system prevails in the Canadian Commons ; fifteen or 
 twenty minutes — even more sometimes — pass before members take their 
 places in answer to the call. In the English house, as soon as the voiceis 
 have been taken, the clerk turns a two-minute sand-glass, and the doors 
 are to be closed as soon after the lapse of two minutes as the speaker or 
 chairman shall direct. Two minutes enable members to reach their 
 places. May, 399. S. 0. xlvi., xlvii. 
 
 » 80 K Com. J. 307 ; 114 Ih. 112. 
 
TAKING A DIVISION. * 38Y 
 
 cases the speaker's vote should be first recorded on the side 
 on which he wishes to vote. After the contents have been 
 taken down the speaker again says — " The non-contents 
 will now rise." ^ The names having been taken down, 
 and the numbers declared, the speaker states the fate of 
 the question in the usual parliamentary terms. 
 
 In the House of Commons the speaker says — "Those 
 who are in favour of the motion (or amendment) will 
 please to rise." The clerk has before him a list of all the 
 names printed alphabetically, and places a mark against 
 each name as it is called. The assistant clerk calls out 
 the name of each member as he stands up. It is customary 
 for members to be taken in rows ; when one row is com- 
 pleted, the members in the next rise and sit d/>wn accord- 
 ing as they hear their names called distinctly by the 
 clerk.^ When the members in favour of the motion have 
 all voted, the speaker again says — "Those who are 
 opposed to the motion (or amendment) will please to rise :" 
 and then the names will be taken down in the manner 
 just described. Any member who does not rise cannot 
 have his name recorded by the clerk at the time, as the 
 speaker has instructed members to rise in their places. 
 
 Each member is designated Hon. Mr. in the Senate, 
 
 and simply Mr. , in the Commons, except in the 
 
 case of a title conferred by the Queen, when the clerk will 
 
 designate him as Sir , but it is usual for the clerk 
 
 in the Commons, as a matter of courtesy, to give prece- 
 dence in a division to the name of the leader of the gov- 
 
 ' Senate R. 30. " In voting the contents first rise in their places, and 
 then the non-contents." See Sen. J. [1878], 67. 
 
 -The system of taking votes in the Canadian house has its inconveniences. 
 It is not workable as a rule for two or three weeks at the commencement 
 of a new Parliament, since it is impossible for a clerk to know all the new 
 members by name. Or, if the clerk who takes the division should be ill, 
 a difficulty must always arise. The system seems peculiar to the Cana- 
 dian Commons. The more convenient practice — in vogue in legislative 
 bodies in the United States, Europe, and the colonies — is to. call the roll, 
 ^vhen each member will respond " aye " or '■'' no." 
 
388 
 
 DIVISIONS ON QUESTIONS. 
 
 ernment should he rise with the rest.' A similar coiirtcsv 
 is paid to the recognised leader of the opposition in cases 
 of party divisions. 
 
 When all the names have been duly taken down, the 
 clerk will count up the votes on each side, and declair 
 them — yeas, — ; nays, — . The speaker will then say — 
 " The motion is i-osolved in the affirmative ;" or " passed 
 in the negative," as the case may be.- If the motion on 
 which the house has decided is a motion in amendment 
 then the speaker proceeds to put the next question, on 
 which a division may also take place.' 
 
 II. Proceedings after a Division.— When the clerk has de- 
 clared the numbers, any member has a right to ask that 
 the names be read in alphabetical order, in order to give 
 an opportunity of detecting any errors or irregularities.' 
 The vote of a member may be challenged in the English 
 Commons before the numbers are declared, or after the 
 division is over ; but this is generally done in the Cana- 
 dian house when the clerk has given the result."^ If a 
 member was not present in the house when the question 
 was put by the speaker, he cannot have his vote recorded. 
 Rule 33 of the Senate distinctly provides that " he must 
 be within the bar when the question is put." The speaker 
 will inquire — " Was the hon. member present in the 
 house when the question was put from the chair?" It 
 he replies in the negative, his name will be struck off the 
 
 ^ Strangers are now permitted to remain in the galleries, and also on 
 the seats to the right and left of the speaker's chair, whilst a division is 
 in progress ; unless, of course, the house orders the withdrawal of strangers 
 in accordance Avith rule 11 of the Senate and rule 6 of the Commons. 
 
 2 Sen. J. [1878] 197-8 ; Com. J. [1878] 10, 79. 
 
 5 Can. Com. J. [1877] 173-5 ; lb. [1878] 278-9. Sen. J. [1878] 197. 
 Members should not leave their seats before the question is finally 
 declared. In 1880-1 a member's vote was struck oflf on account of his 
 leaving his place before the question was so declared ; Can. Hans. p._724. 
 
 * May 6, 1878, MSS. 
 
 * 110 E. Com. J., 352 ; 139 E. Hans. 488 ; Can. Pari. Deb. [1870] 163. 
 
PAIRS— MEMBERS XOT VOTING. 389 
 
 list, and the clerk will a^aiii declare the numbers.^ If a 
 member of the Commons who has heard the question put 
 does not vote, and the attention of the speaker is directed 
 to the fact, the latter will call upon him to declare on 
 which side he votes ; and his name will be recorded accord- 
 ingly ."'"' By rule 32 of the Senate it is ordered that a 
 senator declining to vote, shall assign reasons therefor, 
 and the speaker shall submit to the Senate the question, 
 '• shall the senator, for the reasons assigned by him, be 
 excused from voting?" Though "pairs," which are 
 arranged by the whips of the respective parties in the 
 house, are not any more authoritatively recognised in the 
 Senate or Commons than in the houses of the English 
 Parliament, yet it is customary not to press the vote of a 
 member when he states that he has " paired" with 
 another member.' If a member who has heard the ques- 
 tion put in the Commons should vote inadvertently, con- 
 trary to his intention, he cannot be allowed to correct the 
 mistake, but his vote must remain as first recorded/ On 
 the other hand, in the Senate, rule 33 provides that " with 
 the unanimous consent of the house, a senator may, for 
 special reasons assigned by him, withdraw or change his 
 
 ' 139 E. Hans. 480 ; 111 E. Com. J. 47. 
 
 U14E. Com. J. 102; 129 lb. 234. Mr. Mclnnes, 16tli April, 1878, 
 Canadian Commons. Can. Haras. [1879] 1979 (Sir J. A. Macdonald's 
 remarks as to compelling members to vote). In the English Commons, 
 ord February, 1881, Mr. Speaker informed the house that several members 
 who had given their voices with the noes when the question was put, had 
 refused to quit their places, and consequently he had submitted their 
 conduct to the consideration of the house. A number of members were 
 then suspended for refusing to withdraw during the division after having 
 been warned of the consequences by the speaker. 130 E. Com. J. 55-56. 
 
 = May, 418. Can. Hans. [1870] 685 ; lb. [1879] 1979. Sen. Deb. [1870] 
 2S1 ; 76. [1877] 230, 240 ; lb. [1880-81] 579, 590. " An hon. member who 
 has bound himself not to vote is bound in honour to respect that pledge ;" 
 ['Sir. Speaker Christie.) See also Sen. H?.ns- [1883] 458. But pairs are 
 recognised by the rules of the house of representatives at Washington. 
 Smith's Digest, p. 167 ; Rule viii. (2). 
 
 ' 176 E. Hans. (3) 31 ; 164 lb. 210; 242 lb. 1814 May ; 409. 
 
390 
 
 DIVISIONS ON QUESTIONS. 
 
 vote, immediately after the anuounremeut of the division." 
 If a member's name is entered incorrectly in the list, he 
 can have it rectified should the clerk read out the names, 
 or on the following day when he notices the error in the 
 printed votes. ^ It may be added here that w^hen the 
 house, by division, has decided a matter, a discussion 
 thereon cannot be renewed nor reference made to circum- 
 stances connected with the division.^ 
 
 m. Questions carried on Division.— Members who are op- 
 pose to the unanimous adoption of a motion and neverthe- 
 less do not wish to divide the house, may ask that it be 
 entered on the journals as " carried on a division," andtho 
 speaker will order it accordingly. The entry on the jour- 
 nals is simply : " The question being put, the house 
 divided, and it was resolved in the affirmative ;" ^ or 
 " passed in the negative." * Questions may also be entered 
 as " Resolved in the affirmative," or " passed in the nega- 
 tive," as " in the last preceding division." ^ Frequently iu 
 the case of numerous motions on a question, all the divi- 
 sions are recorded as in the first.'' 
 
 IV. Equality of Votes in a Division.— When the voices are 
 equal in the Senate the decision is deemed to be in the 
 negative/ In case of an equality of voices in the Com- 
 mons the speaker (or chairman of committee of the whole) 
 is called upon to give his casting vote, in accordance with 
 section 49 of the B. N. A. Act, 186^ : 
 
 " Questions arising in the House of Commons shall he decided 
 
 1 Can. Com. J. [1871], 174 ; Y. & P. [1879] 356; Sen. Deb. [1880] 455-6 ; 
 lb. [1880-81], 591. 
 
 2 232 E. Hans. (3) 1686 ; Blackmore's Dec. [1882] 91. 
 
 3 Can. Com. J. [1877] 191, 192, 200, 226; lb. [1878] 50. 
 
 * lb. [1877] 200, 231 ; lb. [1878] 56 ; 129 E. Com. J. 144, 289. 
 5 Can. Com. J. [1877] 193, 249. 
 « Can. Hans. [1882] 1479. Representation bill. 
 
 ^ B. N. A. Act 1867, s. 36. Semper prsemmitur pro negante is the old form 
 of entry in the Lords J. ; 14 Lords J. 167-168. 
 
CASTING VOICE. 391 
 
 \,j a majority of voices other than that of the speaker, and when 
 the voices are equal, but not otherwise, the speaker sluill have a 
 vote." 
 
 And it is provided by the rule of the house : 
 
 9. '"' In case of an equality of votes, Mr. Speaker gives a casting 
 voice, and any reasons stated by him are entered in the journal." 
 
 Only one case is recorded in the Canadian journals 
 since 1867, of the speaker having been called upon to vote. 
 The question was on a motion for deferring the second 
 reading of an Interest Bill for three months — on which 
 there was great diversity of opinion — and the speaker 
 voted with the yeas, but no reasons are entered in the 
 journals.^ 
 
 By consulting the various authorities on this point, it 
 will be found that the general principle which guides a 
 speaker or chairman of committee of the whole- on such 
 occasions is to vote, when practicable, in such a manner 
 as not to make the decision of the house final.' But it 
 may sometimes happen that the speaker's vote must be 
 influenced by circumstances connected with the x>rogress 
 of a bill, especially when there appears to be much diver- 
 sity of opinion as to the merits of a measure. In such a 
 case the speaker may " refuse to take the responsibility of 
 the change upon himself, and may leave to the future and 
 deliberate judgment of the house to decide what change 
 in the law should be made."* ^c was evidently on this 
 ground that the speaker gave his casting vote against 
 further progress during the session of 1870 with the 
 Interest Bill. 
 
 ^ Can. Com. J. [1870] 311, Eeasons are not always given in the English 
 journals ; 102 E. Com. J. 872 ; 98 lb. 163. 
 
 -' 131 E. Com. J. 398. 
 
 '' 83 E. Com. J. 292 ; 92 Ih. 496, 
 
 * Church Rates Abolition bill (3rd. reading) 163 E. Hans. (3) 1322. Some 
 cases are recorded in the journals of the Legislative Assembly of Canada 
 of reasons being given by the speaker under such circumstances ; 1863, 
 August sess., p. 33. 
 
392 
 
 DIVISIONS ON QUJ'J^TWXS. 
 
 V. Protest of Senators.— AVhenover oin^ or more senators wish 
 to record their opinions against the action oi' the ma- 
 jority on any question, they may enter what is called a 
 "protest," which will be duly recorded in the journals,' 
 in conformity with the following rule : 
 
 34. " Any senator entering his protest or dissent to any votes 
 of the Senate, with or without liia reasons, must enter and sign 
 the same in the clerk's book, on the next sitting day, before the 
 rising of the Scnate.- 
 
 35. " Every protest is subject to the control of the Senate, and 
 may be neither altered nor withdrawn without the consent of the 
 Senate ; nor can a senator, absent when the question is put, be 
 admitted to protest." ■' 
 
 A senator, who signs a protest, may assent to it as a 
 whole, or in part ; and in the latter case he wall state his 
 particular reasons in a foot-note.' Any protests, or reasons, 
 or parts thereof, if considered by the house to be unbecom- 
 ing or otherwise irregular, may be ordered to be expunged.'^ 
 Protests or reasons expunged by order of the house, have 
 also been followed by a second protest against the expung- 
 ing of the first protest or reasons, by w^hich the object of 
 the house has been defeated." 
 
 VI. Members' Interest in a Question.— Rule 16 of the Commons 
 embodies an old order of Parliament :' 
 
 "Xo member is entitled to vote upon any question in which 
 he has a direct pecuniary interest, and the vote of any member 
 so interested will be disallowed." 
 
 This interest must be of a direct character, as it was 
 
 1 Sen. J. [1875] 149 ; lb. [1877] 261 ; lb. [1882] 188-9. 
 •^ Lords S. 0. 32 ; May, 418. 
 
 ^ The same practice obtains in the Lords ; 87 E. Hans. (3) 1137 ; 55 
 Lords J. 492. Sen. Deb. [1879] 432-3. 
 
 * Sen J. [1877] 261 ; II. [1879] 187 ; lb. [1882] 189. 
 
 '= 40 Lords J. 49 ; 43 lb. 82 ; May, 419. 
 
 « 43 Lords J. 82. 
 
 " Mr. Sp. Abbot, 20 E. Hans. (1) lOlL 
 
PEllSONAL lyTERESr IX A QUESTIOX. 30:3 
 
 well explniiiod, on one oecasicpn, in a docision of Mr. 
 Speaker Wallbridgv, in the leq-ishitive assembly of Canada. 
 A division having* taken place upon a ))ill respectinu' 
 permanent buildinu' societies in Up})er Canada (which 
 had })een introduced by Mr. Street), Mr. Scatch»^vd raised 
 the point of order that, undin* the rule of the house, the 
 former had a direct pecuniary interest in the bill, and 
 could not cons(»quently vote for the same. The speaker 
 said — " That the interest which disqualifies must be a 
 direct pecuniary interest, separately belonging to the per- 
 son whose vote is questioned, and not in common with 
 the rest of her Majesty's subjects, and that, in his opinion, 
 as the bill relates to building societies in general, the 
 member for Welland is not precluded from voting." ^ 
 This decision is strictly in accordance with the principle 
 laid down in all the English authorities,- and is in fact a 
 repetition of one given by Mr. Speaker Abbot on a 
 motion for disallowing the votes of the bank directors 
 upon the Grold Coin Bill, which was negatived without a 
 division.'^ Consequently the votes of members on ques- 
 tions of jiublic policy are allowed to pass unchallenged.* 
 Public bills are frequently passed relative to raihvays,'^ 
 building societies, insurance companies,'' and salaries to 
 ministers," in which members have an indirect interest ; 
 
 ' Can. Speakers' D., Xo. 135 ; Lejr. Ass. J. [1865] 228. 
 
 •^ 2 Hatsell, 16!) }i. 
 
 3 May, 420 ; 20 E. Hans. (1) 1011. 
 
 *2 Hatsell, 169 ??. 
 
 ^ 76 Hans. (3) 682 ; 99 E. Com. J. 491. " 79 E. Com. J. 455. 
 
 ' Leg. Ass. J. [1855] 1147. The votes of ministers on a bill to amend an 
 act respecting the civil list and salaries was (juestioned on this occasion- 
 It was replied that they looked upon the bill as a general measure, appro- 
 priating a salary for the office, and not for the individual, &c. ; and on a 
 division, the house decided that they had a right to vote. Cushing 
 (p. 713) says : "The case of members voting on questions concerning their 
 own pay is an exception from which no principle can properly be derived- 
 It has invariably been decided in Congress, of course, that this was not 
 such an interest as would disqualify ; either because it was a state of 
 necessity, or because all the members were equally concerned in interest." 
 
394 
 
 DIVISIONS oy QVESTIONS. 
 
 but th«'ir votes when quostioiu'd havo boeu always 
 allowed.' When a dou})t exists as to the riuht of a mem- 
 ber to vote, he shoiild be h<'ard in explanation and then 
 withdraw before the usual motion is made — " That the 
 
 vote of ))e disallowed." - Votes have been allowed 
 
 when members have stated that they have parted with 
 their subscriptions in a i^overnment loan, or that they had 
 determined not to derive any advantai^'e personally from 
 the same ;' or that they had taken the necessary legal 
 steps to retire from a company about to receive govern- 
 ment aid ;' or that their interests are only in common with 
 those of her Majesty's subjects in Canada.' Members have 
 been excused from voting on a question on the ground 
 that they had been employed as counsel on behalf of the 
 person whose conduct was arraigned before Parliament.'' 
 A member has also been excused from voting on a ques- 
 tion because he was personally interested in the decision 
 of an election committee.^ 
 
 "While members may properly vote on any question in 
 which they have no direct pecuniary interest, they will 
 not be allowed to vote for any bill of a private nature, if 
 it be shown that they are immediately interested in its 
 
 ^ Bill to grant aid to the Grand Trunk Railway ; Leg. Ass. J. [185(>], 
 (562, 679, 680. 
 
 2 80 E. Com. J. 110 ; 91 Ih. 271 ; 20 Hans. (1), 1001-12. Leg. Ass. J. 
 [1857], 312. 
 
 '^ 52 E. Com. J. 632. 
 
 * Leg. Ass. J. [1857], 313-4. Cases of Mr. Gait and Mr. Holton, partnerii 
 in the firm of C. S. Gzowski & Co., contractors with the Grand Trunk R. R. 
 
 '=> Ih. [1857], 312-14. 
 
 ^ Leg. Ass. J. [1858], 686. In this case. Sheriff Mercer, whose conduct 
 was arraigned in the house, was declared to have acted upon the advice 
 and opinion of his counsel. Dr. O'Connor, a member at the time. On the 
 question being put as to the conduct of the sheriff, Dr. O'Connor was 
 excused from voting. 
 
 ' Leg. Ass. J. [1859], 553. One of the members for Quebec on this occa- 
 sion asked to be excused and the house agreed to his request. But the 
 two other sitting members voted, and the speaker ruled that they had a 
 right to do so. 
 
PEIISONAL INTEREST IN A QUESTION. 305 
 
 passage/ Decisions, however, have been i^iveii in the 
 En£^lish Commons that it is not suflicient to disqualify a 
 member from votini^ against a ])ill, that he has a direct 
 pecuniary interest in a rival undertaking ;" or that a 
 member was a landowner on the Uno of a railway com- 
 pany, and that his property would be injured by its con- 
 struction.' Committees on opposed private bills are also 
 constituted in the English Commons, so as to «>xclude 
 members locally or personally interested ; and in commit- 
 tees on unopposed bills, such members are not entitled to 
 vote.' A member of a committee (m an opposed private 
 bill, will be discharged from any further attendance, if it 
 be discovered after his appointment that he has a direct 
 pecuniary interest in the bill.' A member interested in a 
 bill may take part in a debate thereon, or propose a 
 motion or an amendment in relation thereto.'' 
 
 Though the Senate has no rule like that of the Com- 
 mons in relation to this subject, senators observe the same 
 practice. When the bill is of a public nature, a member 
 of the Senate may properly vote if he wishes to do so." 
 The Lords have never formally adopted a resolution on 
 the subject, because it is presumed that " the personal 
 honour of a peer will prevent him from forwarding his 
 pecuniary interest in Parliament ;" ^ but they are ex- 
 
 1 May, 421-2 ; 80 E. Com. J. 443 ; 91 lb. 271 ; 13 E. Hans. (X. S.), 79G. 
 Sen. Deb. [1876], 258. 
 
 2 80 E. Com. J. 110 ; 101 lb. 873. 
 
 » 100 lb. 436. See also 212 E. Hans. (3), 1134-7. 
 
 * May, 424, S. 0. 108-110. 
 
 * 101 E. Com. J. 904 ; 115 lb. 218. 
 
 6 155 E. Hans. (3), 459. 
 
 ' In 1875 Senator Ryan asked if he could vote on a public bill respecting 
 marine electric telegraphs, as he was a shareholder in a company affected 
 by that bill. The speaker said that there was no rule to prevent him 
 voting for a bill in which he had only an indirect interest, and he voted 
 accordingly. Sen. J. [1875] 137-8; Hans., p. 410 (remarks of Sir A. 
 Campbell)'; lb. [1876] 258. 
 
 « May, 420. 
 
C9G 
 
 niVlSTONS ox QUESTIONS. 
 
 oinpted by stiuidiiig order from servini^' on any committee 
 on a privat*' bill in \vhi<li they are interested.' 
 
 If it should ])0 decided thnt a member has no right to 
 sit or vote in the house, the votes he may have given 
 durinf? the period of his disqualification will be struck 
 oU' the journals.^ 
 
 VII. Recording of Names.— The nam(\s of members who 
 vote in a division always appear in the journals of both 
 houses — this practi('e having been generally followed in 
 all the Canadian assemblies since 1 702. The names were 
 not recorded, however, in the legislative council of Canada 
 until IS-')!, when it was made elective.' The wise practice 
 of ena)>ling the people to know how their representatives 
 vote on public questions was adopted in 1836 in the Eng- 
 lish House of Commons. The Lords have published their 
 division lists regularly since 1857.' 
 
 >S. 0.178. 
 
 '' Case of :Mr. Townsond, a bankrupt, 150 E. Hans. (3) 2099-2104. Of 
 
 Dr. Orton, Can. Com. J. [1875] 176; sKpra p. 143. 
 •' Lojr. Conn. J. [1857] 31-57. 
 * 11. May's Const. Hist., 57. 
 
CHAPTER XIV. 
 
 RELATIONS BETWEKS THE TWO HOl'SES. 
 
 I. MePsagoP. — IT. C'onforonrcs, — ITT. Roasons of disafrroomont coinmnni- 
 catcd. — IV. Joint ("oinmitti^*;. — V. Iiit<>r('lian;.'o of documonts. — \[. 
 Kelatlons between the Houses : — (.iuostions of oxiKMidituro and taxation. 
 —Bills nijocted by tbo Senate.—" Tauks" to Bills of .Su])i)ly. — Initiation 
 of moasuros in the upper cliamber. 
 
 I. Messages.— It was formerly the practice to commu- 
 nicate all messages to the upper chamber through a 
 member of the house, whilst the legislative council tran.s- 
 mitted the same through a master in chancery.^ It was 
 soon, however, found more convenient to send all bills to 
 the upper house by a clerk at the table.- Addresses con- 
 tinued to be carried to the legislative council and to the 
 Senate by one or more members of the house up to a very 
 recent period ' ; but it has been the practice since 18*70 to 
 transmit all messages through the clerks of the two 
 houses.* The following rules'' are common to both 
 chambers : 
 
 " One of the clerks of either house may be the hearer of mes- 
 sages from one house to the other." 
 
 »Low. Can. J. [1792] 42, 174 ; Leg. Ass. [1841] ir.S, K. 24; Ih.\\So?>'\ 
 095; Leg. Coun. J. [1841] 48, 59. The clerk and clerk-assistant of tho 
 Senate are appointed masters in chancery; Sen. J. [1807-8] 65. Also, 
 the law clerk ; 11. [1883], 15. In 1855 the office of master in ordinary 
 was abolished in the Lords ; May, 255 n., 489 ; 15 and 16 Vict.'c.'SO. 
 
 •^ Leg. Ass. J. [1857], 411, 412 ; Ih. [1860], 403, 430, &c. 
 
 ^ Can. Com. J. [1867-8], 109, 225. 
 
 * 76. [1871], 294, 301. 
 
 » Sen. K. 100, 101 ; Com. 97. 
 
898 RELATIONS BETWEEN THE TWO HOUSES. 
 
 " Mo^ssages so Kent may be received at the bar by one of 
 the clerks of the house to which they arc sent, at any time whilst 
 the house is sitting, or in committee, without interrupting the 
 business then proceeding." 
 
 In addition to the foregoing rules the Commons have 
 the following : 
 
 95. '• A master in chancery attending the Senate shall be received 
 as their messenger at the clerk's table, where he shall deliver the 
 message wherewith he is charged." 
 
 96. " Messages from this house to the Senate may be sent by a 
 member of this house, to be appointed by the speaker.^ 
 
 98. " Messages from the Senate shall be received by the house 
 as soon as announced by the serjeant-at-arms." 
 
 In this way all bills, resolutions, and addresses are sent 
 and received — whether the mace is on or under the table 
 — without disturbing the business of either house. The 
 clerk at the table is informed of the presence of the mes- 
 senger from the other house, and receives the message at 
 the bar. If any business is proceeding at the time, the 
 speaker will not interrupt its progress, but will announce 
 the message (which is handed him by the clerk) as soon 
 as it is concluded, and there is no motion before the house.- 
 A message from the governor. general will, however, in- 
 terrupt any proceeding, which will be again taken up at 
 the point where it was broken off,' — except, of course, in 
 the case of a prorogation, when the message will in- 
 terrupt all proceedings for that session.^ 
 
 "Whenever either house desires the attendance of a 
 senator or member before a select committee, a message 
 must be sent to that effect.^ Leave must be given by the 
 
 ^ This is the old rule, but it is practically obsolete. 
 
 2 131 E. Com. J. 290 ; Can. Com. J. [1877], 244. 
 
 ■' 129 E. Com. J. 66. 
 
 * 131 E. Com. J. 424. Can. Pari. Deb. [1873], 210-11 ; ^pra, p. 358. 
 
 n31 E. Com. J. 87, 100, 168 ; Sen. R. 102 ; Can. Com. J. [1877], 142, 178^ 
 234. See chapter on select committees. 
 
MESSAGES— CONFERENCES. 399 
 
 house to which the member belongs, and it is optional for 
 him to attend/ In case the attendance of one of the 
 officers or servants of either house is required, the same 
 course will be pursued ; but it is not optional for them to 
 refuse to attend.- In 1870 a message was sent to the 
 Senate requesting that they would give leave to their 
 clerk to attend the committee of public accounts, and lay 
 before that committee an account ol' the sums paid to each 
 member of the Senate as indemnity and mileage.^ The 
 Senate did not comply with the request, but simply com- 
 municated to the Commons a statement on the subject/ 
 In a. subsequent session the Senate agreed to a resolution 
 instructing the clerk to lay before that house at the com- 
 mencement of every session, a statement of indemnity and 
 mileage, and to deliver to the chairman of the committee of 
 public accounts a copy of such statement, whenever an ap- 
 plication may be made for the same.^ In answer to a message 
 from the house in 1880, the Senate gave leave to their 
 clerk to furnish details of certain expenditures of their 
 own for the vise of the same committee, adding at the same 
 time an expression of opinion that '* the critical examination 
 of the details of such disbursements was, in the interest 
 of the harmonious relations of the two houses, best left to 
 the house by whose order payment is made."*^ 
 
 11. Conferences.— In former times, before the mode of com- 
 munication between the two houses was simplified as it 
 is at present, it was usual to hold a conference in all cases 
 of difficulty and disagreement between the council and 
 
 1 131 E. Com. J. 93, 100, 191 ; Sen. K. 102; Sen. J. [1877], 129, 203 ; 
 Can. Com. J. [1877], 150, 182, 237 ; Sen. J. [1882], 159. 
 
 - 113 E. Com. J. 255 ; Sen. R. 102 (chapter on select committees) ; Can. 
 Com. J. [1870], 210. 
 
 '' Can. Com. J. [1870], 210 ; Sen. J. [1870], 130. 
 
 * Can. Com. J. [1870], 205 ; Sen. J. [1870], 149 ; Pari. Deb. 1184, 1214. 
 
 ^ Sen. J. [1872], 96 ; Deb. 92. 
 
 " Can. Com. J. [1880], 130, 158-9, 242 ; Sen. J. 112. 
 
400 RELATIONS BETWEEN THE TWO HOUSES. 
 
 assembly.' Though conferences have not been held of 
 recent years, still the Senate and Commons have con- 
 tinned their rules on the subject, for cases might arise 
 when it would be found convenient to resort to this 
 ancient method of maintaining a good understanding be- 
 tween these two branches of the legislature." Under these 
 circumstances, it is necessary to refer to the principal 
 rules which regulate a conference. 
 
 Conferences are conducted by members appointed by 
 both houses for that purpose, and are held in a room 
 separate from either of the two houses.* It is the pri- 
 vilege of the Senate to name both the time and place of 
 meeting, whether they or the Commons first request such 
 conference.^ It is an old rule that " the number of the 
 Commons named for a conference are always double those 
 of the Lords." '' ; but it is not the modern practice to 
 specify the number of managers for either house. Neither 
 is it " customary nor consistent with the principles of a 
 conference to appoint any members as managers unless 
 their opinions coincide with the objec+s for wbich the con- 
 ference is held." ^ It is also an ancient rule that the con- 
 ference can be asked only by that house which is at the 
 time in the possession of a bill " or other matter.'* Rule 
 99 of the Canadian house also provides : 
 
 ^ In the old days of conflict between the two houses in Lower Canada, 
 it was often the practice to nominate committees to keep up a good corres- 
 pondence between the two houses. Ass. Jour. [1819], 9, 10. 
 
 ^ See following instances of conferences in Canadian practice since 1840 ; 
 Leg. Ass. J. vol. 19, pp. 105, 114, 117, 138, 376 ; lb. vol. 20, p. 169 ; II>. 
 vol. 22 pp. 285, 286, 287. The last occasion of a conference in Canada was 
 in 1863. 
 
 ^ The " i ^inted chamber " in the English Parliament. Lords' S, O. 50. 
 
 * As in the Lords, May 493 ; 1 E. Com. J. 154 ; 9 lb. 348. 
 
 5 1 E. Com. J. 154 ; Can. Leg. Ass. J. [1861], 114, 117. 
 
 « May, 493 ; 1 E. Com. J. 350 ; 122 Ih. 438. The number on the part of 
 the Lords was generally eight ; of the Commons, sixteen. The numbers 
 were the same in the Canadian houses. 
 
 ' 1 E. Com. J. 114 ; 13th March, 1575. 
 
 «2J"6. 581; 9 J6. 555. 
 
CONFERENCE. 401 
 
 " When the House shall request a conference with the Senate, 
 the reasons to be given by this house at the same shall be pre- 
 pared and agreed to by the house, before a message shall be sent 
 therewith."* 
 
 It is not necessary, however, in requesting- a confereniN? 
 to state at length the purpose for which it is to be held ; 
 it is suPicient to specify it in general terms, so as to show 
 the necessity for having it held.' When the time has 
 come for holding the conference the clerk will call over 
 the names of the managers who will proceed forthwith to 
 the place of meeting.' The duty of the managers, on th.> 
 part of the house x)roposing the conference, is confined to 
 the delivery to the managers for the other, of the commu- 
 nication, whatever it may bi% and the duty of the 
 managers of the other house is merely to receive such 
 communication. They are not at liberty to speak, either 
 on the one side to enforce, or, on the other, to make objec- 
 tions to the communication. One of the managers for 
 the house proposing the conference (the member first 
 named, unless otherwise agreed upon)' first states the oc- 
 casion of it in his own words, ' and then rexds the commu- 
 nication, and delivers it to one of the rianagers for the 
 other house, by whom it is received. When the con- 
 ference is over the managers return to their respective 
 houses, and report. Such reports should always be made, 
 in accordance with correct parliamentary practice.'^ The 
 Senate has the following rule : 
 
 103. " None are to speak at a conference with the House of 
 Commons but those that are of the committee ; and when any- 
 
 ' Leg. Ass. J. [1860], 376 ; 122 E. Com. J. 438, 440. 
 
 - 4 Hatsell, 423 ; 88 E. Com. J. 488 ; 89 Ih. 232 ; Leg. Ass. J. [1861], 10-3. 
 
 ■' 113 B. Com. J. 182 ; 150 E. Hans. [3], 1859. 
 
 * Pari. Reg. [53], 108. 
 
 '" Speaker Onslow, 4 Hatsell, 28, n. 
 
 « May, 494. 113 E. Com. J. 182 ; Can. Leg. Ass. J. [1863, Aug. sess.] 
 287. Sometimes the managers appear from the Canadian journals to 
 have made no report. 
 
 26 
 
402 RELATIONS BETWEEN THE TWO HOUSES. 
 
 thing from such conference is reported, the senators of the com- 
 mittee arc to stand up." 
 
 The report of the managers for the house at whose 
 request the conference has taken place is in substance that 
 they have met the managers for the other house, and have 
 delivered to them the communication, with which they 
 were charged.^ The report of the managers for the other 
 house is substantially that they have met the managers 
 for the former, and that the purpose of the conference was 
 to make a certain communication which they have 
 received, and which they then proceed to lay before the 
 house. The report of the managers is then to be con- 
 sidered, and disi)osed of by the house to which it is sent, 
 which may take place immediately, or be postponed to a 
 future time." The result will be communicated to the 
 other house by a message.^ Sometimes a second con- 
 ference will be necessary, when the first has not led to an 
 arrangement between the houses.* Or a free conference 
 may be held, when two conferences have been fruitless. 
 Here the managers are at liberty to urge arguments, to 
 ofier and combat objections, and in short to attempt by per- 
 sonal persuasion and argument to efiect an agi-eement be- 
 tween the two houses.'^ When a free conference is held 
 business is suspended in both houses. The Commons 
 stand the whole time, uncovered, within the bar at the 
 table. The Lords walk uncovered to their seats, where 
 they remain sitting and covered during the whole con- 
 ference.^ 
 
 1 113 E. Com. J. 182. 
 
 2 Leg. cbun. J. [1861], 92, 93, 97, 98, 104 ; 90 Lords' J. 171. 
 
 3 113 E. Com. J. 308. 
 
 * 91 E. Com. J. 681. On one occasion the EngHsh houses held no less 
 than four ordinary conferences ; 92/6. 466, 512, 589, 646. 
 5 91 E. Com. J. 771, 783, 787. 
 
 ® For full details of proceedings of conferences, see 4 Hatsell, 26 ; 
 May, chap, xvi ; Cushing, p. 820 et seq. 
 
DISAGREEMENT— JOINT COMMITTEES. 403 
 
 III. Reasons of Disagreement communicated— It is now the 
 practice of the Senate and House of Commons to follow 
 the resolution of the English houses adopted in 1851 with 
 respect to amendments made to bills : 
 
 "Where one house disagrees to any amendments made by the 
 other, or insists upon any amendments to which the other house 
 has disagreed, it will receive reasons for their disagreeing or in- 
 sisting, as the case may be, by message without a conference 
 unless at any time the other house should desire to communicate 
 the same at a conference.' 
 
 These reasons are moved immediately after the second 
 reading of the amendment." 
 
 IV. Joint Committees.— The practice of appointing joint 
 committees of the Senate and Commons on various 
 subjects on which united action is desirable, has been 
 found to work most advantageously.'^ Such committees 
 are now appointed every session with respect to the library 
 and printing of Parliament. 
 
 Sometimes it may be found convenient to put com- 
 mittees of both houses in communication with each other. 
 This proceeding is especially useful in cases affecting 
 the business of the houses ; for instance, when it is neces- 
 sary to revise such rules on private bills as are common 
 to both. But no committee can regularly of its own mo- 
 tion confer formally with a committee of the other, but 
 must obtain all the necessary authority from the house 
 itself. The proceedings in each house will be communi- 
 cated to the other by message.^ 
 
 1 May, 492 ; 106 E. Com. J. 210, 217, 223. 
 
 ^ Can. Com. J. [1877] 262 ; see chapter on public bills. The English pro- 
 cedure is somewhat different from that of the Canadian house ; a com- 
 mittee is appointed to draw up the reasons. 131 E. Com. J. 310. 
 
 ' 3 Hatsell, 38 ; 131 E. Com. J. 282, 289, 292, 294. Can. Com. J. [1870], 
 56, 57, 60, 68 ; Ih. [1880], 147, 152, 177. 
 
 * See chapter on select committees. 
 
 ^ 66 E. Com. J. 287, 291 ; 116 Ih. 77 ; 93 Lords' J. 13 ; May, 498. 
 
404 RELATIONS BETWEEN THE TWO HOUSES. 
 
 The House of Commons will not, however, consent to 
 unite their committee with that of the Senate when the 
 matter is one affecting the revenue or public expenditures.' 
 
 In case it is necessary to amend the report of a joint 
 committee, the proper (^ourse is to refer the matter back to 
 the committee." 
 
 V. Interchange of Documents.— In case the Senate or Com- 
 mons require a copy of a report of a select committee or 
 other official document that may be in possession of one 
 house or the other, a message will be sent to that effect.' 
 When the message has been reported to the house, it may 
 be immediately taken into consideration, and a copy of the 
 document ordered to be communicated to the other house.^ 
 It is also usual to ask that it be returned to the house to 
 whom it belongs ; and this will be done by message in 
 due time.' 
 
 VI. Relations between the Houses.— The respective rights and 
 privileges of the two houses of Parliament are now so well 
 understood that the work of legislation is never seriouslv 
 impeded by embarrassing conflicts with regard to their 
 respective powers. In the old times, before the conces- 
 sion of responsible government, the legislative council 
 and legislative assembly, especially in Lower Canada, 
 
 ' Can. Com. J. [1874], 03, 111 ; Pari. Deb. April 24th. In this case the 
 question to be considered was the passage of a prohibitory Hquor law ; 
 committees were formed in each house, but the Commons after discussion 
 thought it unadvisable to unite their committee with that of the Senate, 
 as the result might affect the revenue, over which they claim exclusive 
 control. This illustrates the jealousy with which the Commons regard 
 even a possible infringement of their privilege? . 
 
 2 Sen. Hans. [1880], 480 ; Sen. J. 238, 255 ; Cojn. J. 349. See supra, p. 291. 
 
 ' 131 E. Com. J. 232, 339, 389. Can. Com. J. [1876], 132 ; lb. [1877], 
 274 ; lb. [1878], 12G ; Sen. J. [1877], 36, 92. 
 
 * 131 E. Com. J. 339. Also, lb. 298 ; Sen. J. [1880-1], 97, 705 ; Com. 
 J. 124. 
 
 5 Can. Com. J. (1878), 147, 294 ; Sen. J. 140. 
 
EXrEXDTTrBE AND TAXATIOX. 405 
 
 wero frequently at a deadlock. The majority, controlling 
 the upper chamber, repeatedly rejected the fiscal and 
 financial measures passed by the popular branch, and 
 the machinery of legislation for many years was prac- 
 tically clogged. But since 1841 the two chambers have, 
 on rare occasions only, failed to work harmoniously. 
 
 Questions of Expenditure and Ta.cation. — In a few^ instances 
 only has the upper chamber attempted to interfere with the 
 fiscal and financial measures which necessarily emanate 
 from the popular branch. The following are the only 
 cases on record since 1841 : 
 
 In 1841 an act providing for the payment of salaries of officers 
 of the legislature, and for the indemnitication of members, was 
 amended in the legislative council hy striking out the clause pay- 
 ing the members out of the general revenues. The action of the 
 council in amending a money bill -was resented by the assembly ; 
 the amended document was seized by a member and kicked out 
 of the house. The same bill, with a change of title, was then 
 sent back to the council, who i-eceded from their formej- position, 
 and agieed to the measure.' 
 
 In the session of 1851, the Supply Bill contained the follow- 
 ing condition attached to the grant for defraying the expenses of 
 the clerk of the legislative council : " Provided that no additional 
 income shall be paid to the said clerk in the form of fees, per- 
 quisites, or contingencies." The committee of the whole, in the 
 legislative council, made a special report on the subject, and the 
 council thereupon instructed them to agree to the condition, in- 
 asmuch as very great inconvenience would result from the stop, 
 page of supplies. At the same time the following declaration 
 was entered on the jouimals of the council : 
 
 " That to prevent any ill consequences in futui-e from such a 
 precedent as that of this house passing, without amendment, a 
 bill containing such a condition, this house has thought fit to 
 declare solemnly, and to enter upon its jom*nals for a record in 
 
 1 Leg. Ass. J. (1841), 632-3 ; Pari. Deb., Montreal Gazette, Sept 21st ; also, 
 June 20th, 1856 (Mr. Sandfield Macdonald). For summary process of kick- 
 ing out a bill, see 1 E. Com. J. 560 ; 17 Pari. Hist. 512-515 ; Palgrave, The 
 House of Commons, 24. 
 
406 
 
 RELATIONS nET]VEEX THE TWO HOUSES. 
 
 all time coming, that this housse will not hereafter admit, upon 
 any occasion whatsoever, of a proceeding so contrary to its 
 piivileges, its dignity and its independence of the other house of 
 the provincial parliament." ^ 
 
 In the session of 1856, the Supply Bill contained a provision 
 for erecting public buildings at (Quebec, as the seat of govern- 
 ment. The majority in the legislative council were opposed to 
 the policy of the assembly on this question, and took strong 
 ground against the passage of the bill, whilst it contained this 
 obnoxious item. The majority carried a I'csolution defeating the 
 bill on the ground that the house had not been " consulted on 
 the subject of tixing any place for the permanent scat of govern- 
 ment of the province." A strong protest was, however, entered 
 on the journals by the minority after the defeat of the bill. The 
 question was very temperately discussed in the assembly, and it 
 was finally decided to introduce a new Supply Bill without the 
 vote for the public buildings ; and to this bill the council agreed. 
 The ground was taken by several prominent men in the assem- 
 bly that the council had only vindicated their right to be con- 
 sulted on an important ([uestion of public policy.- 
 
 In 1859, the legislative council again refused to vote the sup- 
 plies, an amendment being carried on the second reading of the 
 bill, to the effect that the council could not consider the budget 
 until the government had made known its intention with respect 
 to the seat of government. Subsequently, however, the bill 
 was revived and supply voted — other councillors who had been 
 absent on the first division having arrived in time to save the 
 bill. In this case the council took an extreme course, under the 
 belief that the government contemplated incurring expense for 
 the removal of the seat of government without first submitting 
 the question to the upper house.^ 
 
 In the third session of the Parliament of the dominion, strong 
 objections were taken to the bill imposing new customs and excise 
 
 ^ Leg. Coun. J. (1851), 215. The speaker himself directed the attention 
 of the council to the subject, but he and others did not claim the right o^ 
 amendment, but only of entire rejection — an extreme course which they 
 did not think it expedient to take for the reasons given in the declaration- 
 Montreal Gazette, Aug. 28, 1851. 
 
 ^ Leg. Ass. J. (185G), 738, 746 ; Leg. Coun. J. 41-4, 416 ; Pari. Deb. 249, 
 260, 262. See also, infra, p. 408. 
 
 3 Leg. Coun. J. and Pari. Deb. 29th April, 1859. 
 
SUPPLY BILL. 407 
 
 duties, and an amendment was proposed to postpone the second 
 reading for six months. After a long debate, in which members 
 of the ministry took strong ground against a motion intei'fering 
 with the privileges of the Commons in matters of taxation, tlie 
 amendment was negatived by a small majority."' 
 
 Though it is not within the object of this work to give a review 
 of the legislative piocedure of the provinces since confederation, 
 yet it is impossible, whilst on this subject, to pass by the action 
 of the legislative council of Quebec in 1879, during a ministerial 
 crisis in the legislature of that province. The ministry,' of which 
 Mr. Joly was premier, was in a minority in the council which at 
 last refused by a vote of 7 to 15 to ])ass the Supply Bill, and at 
 the same time adopted an address to the lieutenant-governor, 
 setting forth its reasons for resorting to so extreme a proceeding. 
 The council believed " it to be its duty to delay the passage of 
 the bill until the governor should be pleased to select new con- 
 stitutional advisers, whose conduct could justify the council in 
 entrusting to them the management of the public moneys." A 
 deadlock ensued and lasted until the ministry was forced to retire, 
 when the lieutenant-governor felt it his duty to refuse them a 
 dissolution when they found themselves in a minorit}" in the 
 assembly. The bill was passed on the formation of a new ad- 
 ministration, in which the council had confidence. The lieutenant- 
 governor on this occasion said that he saw no necessity for ajjpeal- 
 ing to the people upon the constitutional question raised by the 
 action of the council. " The absolute right of the council — at 
 least such is the impression of the lieutenant-governor — is con- 
 tested by no one, so that there only remains to be discussed the 
 question of opportuneness."^ 
 
 Since 18t0 no attempt has been made in the Senate to 
 throw out a tax or money bill. The principle appears to 
 be well understood, and acknowledged on all sides, that 
 the upper chamber has no right to make any material 
 amendment in such a bill, but should confine itself to 
 mere verbal or literal corrections.'^ Without abandoninsf 
 
 ^ Pari. Deb. (1870), 1437-1487. 
 
 ^ Todd, Pari. Govt, in the colonies, 565-70 ; Quebec Leg. Coun. J. (1879), 
 186-90, 220-1. 
 ^ 3 Hatsell, 147, 153 ; 1 Todd, Pari. Govt in England, 458. 
 
408 
 
 RELATIOX.S liKTWEKS TIIK TWO HOUSES. 
 
 their abstract tlaim to rejt'ct a money or tax l)ill when 
 they feel they are warranted by the public necessities 
 in resorting to so extreme and hazardous a measure, th(> 
 Senate are now practically guided by the same principle 
 which obtains with the IIousi; of Lords, and acquiesce 
 in all those measures of taxation and supply, which the 
 majority in the House of Commons have sent down to 
 them for their assent as a co-ordinate branch of the legis- 
 lature. The Commons, on the other hand, a<knowledgc 
 the constitutional right of the Senate to be consulted on 
 all matters of public policy.' 
 
 As an illustration of the desire of the Senate to keep 
 closely w^ithin their constitutional functions, we may 
 refer to the fact that that house has declined to appoint ii 
 committee to examine and report on the public accounts, 
 on the ground that while the Senate could properly ap- 
 point a committee for a speciiic purpose — that is, to 
 inquire into particular items of expenditure — they could 
 not nominate a committee like that ol th(^ Commons to deal 
 w^ith the general accounts and expenditures of the domin- 
 ion — a subject within the jurisdiction of the lower house, 
 where all expenditures are initiated." It is legitimate, 
 how^ever, for the Senate to institute inquiries, by their 
 own committees, into certain matters or questions which 
 involve the expenditure of public money.' But the com- 
 mittee should not report recommending the payment of a 
 specific sum of money, but should confine themselves to a 
 general expression of opinion on the subject referred to 
 them.^ 
 
 ^ See reiiaaiks of Lord Palmerston on paper duties rejieal bill, 159 K. 
 Hans. (3), 1389. Also, Mr. Collier, p. 1413 ; Lord Fermoy, p. 1453. 
 
 ^ Sen. Deb. (1870), 816-818. 
 
 3 1 Todd, 433 ; 129 E. Hans. (3), 1097 ; 164 Ih. 394, 401 ; Sen. J. (1878), 
 59, 62. 
 
 * The Gatineau booms and piers committee in 1875 recommended a 
 payment of $1,000 to one Palen ; the report was amended, so as to recom- 
 mend the matter simply to the favourable consideration of the govern- 
 ment ; Sen. J. (1875), 218, 273 ; Deb. pp. 718-722. See also Beveridge c^ 
 
niLLS RKJi:(TEI> liY THE SKSATK. 400 
 
 Bilh rejected hif the Sennte. — The iiumbiT of bills of jmh- 
 lic import aiicc rejected })y the Senate siiK-e con federation 
 is very small compared with the larjjc number cominu' 
 under their revi«»w every session. In the latter part of 
 the session of 18(18, they refused to consider certain mea- 
 sures assimihitini^ and revisiniithe Uiws relating to crimi- 
 nal justice, on the ground that it was impossible at that late 
 period of the session to give such nuMsures that careful 
 deliberation and examination which their importance de- 
 manded.' In 1874 the Senate threw out a ])ill respe<ting 
 Tuckersmith, altering the electoral divisions of a county ; 
 in 1B75, bills n-specting the Esquimalt and Nanaimo 
 railway, and county court judges in Nova Scotia; in 187t 
 a bill respecting the auditing of puh)lic accounts; in 1878, 
 a bill creating the ollice of attorney-general ; in 1879, a 
 bill respecting two additional judges in Uritish Columbia. 
 In all these cases the Senate dill'ered from the majority 
 in the Commons on grounds of public policy or pu])lic 
 necessity. 
 
 In the session of 1878, the Commons sent up a bill to 
 amend the Canadian Pacific Ivailway Act of 1874. The 
 Senate amended the bill so as to require the assent of the 
 two houses to any contract or agreement made by the 
 government for the lease of the Pembina branch. AVhen 
 the amendments were considered in the Commons, the 
 premier (Mr. Mackenzie) asked the house to disagree with 
 them on the ground that " it is contrary to the uniform 
 practice of Parliament that contracts into which the 
 executive is authorised to enter, should be made subject 
 to the approval of the upper chamber, etc." The Senate 
 submitted in their answer several precedents justifying, 
 in their opinion, their action, and at the same time urged 
 that " without the amendment the bill would i>rovide for 
 
 Tibbitts' claim ; Hans. (1880-81) 088. The committee here simply and 
 pro{)erly stated the conclusion at which they had arrived after investi- 
 gation of the facts. 
 ^ Pari. Deb. Ottawa Tinies (1807), p. 255. 
 
410 
 
 nniATIOXS BETWEEN THE TWO IIOI'SES. 
 
 tho disposal of public property for atorm of years without 
 obtainiuji* the san«tiou of both houses to the terms of the 
 transfer." It was also urged that the practice referred to 
 in thi^ Commons' messa«^e " never extended beyond con- 
 tracts for th<^ completion of puldii; works, for whidi 
 money voted by the Commons is in the course of beini^ 
 expended, other contracts havini? been constantly su])- 
 mitted for th(» aj^proval of both houses." The result was 
 that the government refused to proceed with the measure 
 when they found that the Senate would not recede from 
 the position they had taken on the j^Tounds of public 
 policy and constitutional right.' In 1S71>, another minis- 
 try being in power, a somewhat similar bill was passed 
 through Parliament with a clause providing that "no 
 such contract for leasing the said branch railway shall be 
 binding until it shall have been laid before both houses 
 of Parliament for one month without being disapproved, 
 unless sooner approved by a resolution of each house." ^ 
 
 Tacks to Bills of Supply. — In the old days of conflict be- 
 tween the Lords and Commons, and between the legis- 
 lative councils and assemblies of Canada, it was not an 
 uncommon practice to tack on to bills of supply and other 
 bills, matters entirely foreign to their object and scope. 
 Such a system w^as entirely at variance with correct 
 parliamentary usage. The journals of the Lords abound 
 in examples of the condemnation of so dangerous a 
 system ; and from the first establishment of colonial assem- 
 blies, it appears to have been a standing instruction to the 
 
 1 Can. Com. J. [1878], 263, 284 ; Sen. J. pp. 275-6 ; Com. Hans. pp. 2454- 
 2459, 2553-2558. The minority in the Commons asserted the right of the 
 Senate to make the amendment in question. See remarks of Dr. Tupper, 
 Sir J. A. Macdonald and others. 
 
 "^ 42 Vict, c, 13, s. 1. This provision is in accordance with English 
 practice ; 25 and 26 Vict. c. 78, s. 2, Imp. Stat. ; 1 Todd, 495. One example 
 is given in the same work of a contract being laid before both houses of 
 the Imperial Parliament ; 28 and 29 Vict. c. 51 (Dockyards at Portsmouth 
 and Chatham). 
 
JMTIA riOX F ME AS URES. 411 
 
 governors to enforce the ohservanec of the strict usa^'e by 
 refusing their assent to any bill in which it might be in- 
 i'riuged.' 
 
 No modern examples can be found in the English or 
 Canadian journals of a pra<'tice, now admitted to be un- 
 constitutional in principle and mischievous in its results. 
 The Senate, however, still retain among their standing- 
 orders the following rule which is almost identical with 
 that of the Lords : - 
 
 "48. To annex any clause or clauses to a bill of aid or sup- 
 ply, the matter of which is foreign to and diti'crent from the 
 matter of the bill, is unparliamentary." 
 
 Initiation of Measures in the Upper Chamber. — From the 
 necessity of introducing all financial and fiscal measures 
 in the lower house, directly responsible to the people, the 
 great bulk of legislation is first considered and passed in 
 the Commons, and the Senate frequently for weeks after 
 the opening of Parliament have had very few bills of an 
 important character before them. The consequence is that 
 very important measures are constantly brought from the 
 Commons at a very late period, when it is clearly impos- 
 sible to give them that full and patient consideration to 
 which legislation should be submitted in both branches. 
 As we have already seen, the Senate refused to consider 
 the criminal laws in the first session of the dominion 
 Parliament on account of the late period at which they 
 w^ere brought up.^ The question of initiating more im- 
 portant legislation in the upper chamber has been con- 
 
 ' See remarks of Vise. Goderich, April 10th, 1832, giving reasons for 
 disallowing a bill passed by the Lower Canada legislature respecting the 
 independence of t^e judges, which also contained a clause asserting the 
 right of the legislature to appropriate, according to its discretion, the 
 whole of his Majesty's casual and territorial revenues. 3 Christie, 455 ; 
 L. C. Jour. 26th Nov., 1832. See also on this point 3 Hatsell, 218-255 ; lt> 
 Lords' J. 369 ; 17 / 6. 185 ; 13 E. Com. J. 320 ; 159 E. Hans. (3), 1550. 
 
 ^ 17 Lords' J. 185. See chapter on Supply, Appropriation Bill. 
 
 ^ Supra, p. 409. 
 
412 
 
 RELATIONS BETWEEN THE TWO HOUSES. 
 
 stantly discussed in that body/ and committees have even 
 been formed to consider the subject and provide a means 
 •of meeting the difficulty.- An effort has, however, been 
 made of late years to increase the amount of legislation 
 initiated in the Senate. This w^as notably the case in the 
 sessions of 1880-81 and 1882 — an unusually large number 
 •of important government measures having been intro- 
 •duced in the upper house in the course of the latter 
 session.^ The same remarks apply to the session of 1883. 
 when measures were initiated in the Senate respecting 
 the civil service, superannuation of officials, judiciary, 
 naturalization, booms and other public works, and peni- 
 tentiaries/ 
 
 ' Sen. Deb. (1872), oi ; lb. (1873), 74 ; lb. (1877), 470. 
 
 - Sen. J. (1867-8), 194, 260 ; lb. (1874), 109, 118 ; Deb. (1874), 196. Tlie 
 'Committee of 1867-8, of which Hon., now Sir, A. Campbell was chairman, 
 called on the government to originate in the Senate as many measures 
 " as the law and usage of Parliament will permit in order that that house 
 jnay adequately fill its place in the constitution." Jour. p. 261. 
 
 ^ Sen. Hans. (1880-81), 702-3 ; lb. [1882], 16, 29 (Sir A. Campbell). 
 
 * 46 Vict, chapters 7, 8, 10, 31, 37, 43. 
 
CHAPTER XV. 
 
 COMMITTEES OF THE WHOLE. 
 
 I. Three classes of committees in use in Parliament ; committees of the 
 whole ; select committees ; joint committees. — II. Rules of the Senate 
 respecting committees of the whole. — III. Procedure in the House of 
 Commons. — IV. Reports from committees of the whole. — V. New rules 
 of the English Commons. 
 
 I. Three Classes of Committees.— In order to facilitate the pro- 
 gress of legislation and ensure the patient and thorough 
 consideration of questions, the houses have established 
 three kinds of committees, to which a great number of 
 subjects are referred in the course of a session, viz : 
 
 1. Committees of the whole, composed of all the mem- 
 bers, who sit in the house itself. 
 
 2. Select committees (sessional or standing) consisting 
 of a small or large number of members only, who sit apart 
 from the house, though in rooms belonging to the house, 
 whilst the house is not sitting. 
 
 3. Joint committees, composed of members of each house 
 sitting and acting together. 
 
 Committees of the whole owe their origin to the 
 "grand committees," as they were called, which played 
 so important a part in parliamentary proceedings, during* 
 the reigns of James I, and Charles I, and which were in 
 fact standing committees of the whole house. By recur- 
 ring to the history of the period when they were first in- 
 troduced, it will be found that they were established, not 
 to facilitate the passing of bills, in the ordinary course of 
 legislation, but to afford means for bringing forward and 
 
414 RELATIONS BETWEEN THE TWO HOUSES. 
 
 discussing the great constitutional questions which were 
 agitated in the parliaments of the Stuarts. These com- 
 mittees, though regularly appointed, existed only in name 
 from the time of the Restoration, and were wholly laid 
 aside in 1832, at the beginning of the first session of the 
 reformed Parliament.^ 
 
 Similar committees were appointed from an early date 
 in the assemblies of the Lower Canada legislature. lu 
 accordance with the practice of the Imperial Parliament, 
 these committees were appointed at the commencement 
 ef each session, and were directed by the house to sit on 
 certain days in each week. From the character of the 
 subjects, which they were appointed to investigate, they 
 were denominated the grand committees for grievances, 
 courts of justice, agriculture and commerce.^ It was also 
 a practice in those times for the assembly to form itself 
 into committee of the whole on the state of the province, 
 and it was in this way the famous ninety-two resolutions 
 of the legislature of Lower Canada originated.'^ Such corn- 
 committees were not uncommon in 17^8 in the English 
 Parliam.ent.^ 
 
 These grand committees on constitutional questions 
 have not existed by name since the union of the Canadas 
 in 1840. The legislatures of the provinces, however, con- 
 tinue to discharge a large and important part of their 
 functions through committees of the whole, and certain 
 standing committees composed in some cases of a large 
 number of members.' 
 
 Committees of the whole house, being composed of all 
 the members, possess none of the advantages which 
 
 ^ For a very full account of the composition and functions of these- 
 committees, see Gushing, app. xv. ; I. Dwarris, 160-1. 
 
 2 Low. Can. Ass. J. (1807), 48 ; lb. (1808), 26 ; lb. (1819), 9. 
 
 =* lb. (1834), 11, 65, 310 ; mpra, p. 23. 
 
 * See remarks of Lord Chancellor Loughborough, as to the great latitude 
 taken in these committees ; 59 Pari. Reg. 512 ; Cushing, § 2041. 
 
 ^ Can. Hans. (1883), 37 (Sir John Macdonald). 
 
PROCEDURE IN THE SENATE. 415 
 
 result from the employment of a small number of persons, 
 .selected with express reference to the particular purpose 
 in view ; and at the present day, the principal advantage, 
 which appears to result from the consideration of a sub- 
 ject in a committee of the whole house, rather than in 
 the house itself, consists in the liberty which every 
 member enjoys in such committee of speaking more than 
 once to the same question. The appointment of select and 
 joint committees forms the subject of a subsequent chapter, 
 and consequently the following images will be exclusively 
 devoted to a consideration of the powers and duties of 
 committees of the whole. More details on the same 
 subject will be given when we come to review the pro- 
 ceedings in committees of the whole on bills and supply. 
 It is only necessary at present to give a summary of the 
 rules and practice governing such committees generally. 
 
 n. Senate Rules.— "When the Senate has been " put into 
 committee," it is recorded in the journals as " adjourned 
 during pleasure," and when the committee rises, it is 
 stated that " the house was resumed." ^ The procedure 
 with respect to committees of the whole is substantially 
 the same in the two houses. The Senate has the follow- 
 ing special rules on the subject : 
 
 " 87. When the Senate is put into committee, every senator is 
 to sit in his place. 
 
 " 88. The rules of the Senate are observed in a committee of 
 the whole, except the rules Hmiting the time of the speaking; 
 and no motion for the previous question, or for an adjournment 
 can be received ; but a senator may, at any time, move that the 
 chairman leave the chair, or report progress, or ask leave to sit 
 again. 
 
 " 89. No arguments are admitted against the principle of a bill 
 in a committee of the whole. 
 
 ' Sen. J. (1883), 86. The same practice prevails in the Lords, though it 
 is not now usual to make the entry " adjourned during pleasure." 109 
 Lords' J. 297, &c. 
 
416 DELATIONS BETWEEN THE nVO HOUSES: 
 
 " 90. "When the Senate is put into a committee of the whole, 
 the sitting is not resumed without the unanimous consent of the 
 committee unless upon a question put by the senator who shall 
 be in the chair of such committee. 
 
 " 91. The proceedings of the committee are entered in the 
 journals of the Senate." 
 
 There is no chairman of committees in the Senate, 
 regularly api)ointed at the commencement of every session. 
 as in the house of Lords ;' but the speaker will call a 
 member to the chair. In committee a senator may address 
 himself to the rest of the senators." 
 
 m. Procedure in the Commons.— AVhen the House of Com- 
 mons proposes to go into a committee of the whole on a 
 bill or other question, it must first agree to a resolution 
 duly moved and seconded — " That this house will im- 
 mediately (or on a future day named in the motion) 
 resolve itself into a committee of the w^hole." ' By re- 
 ference to the chapters on public bills and committee of 
 supply, it will be seen that all matters affecting trade, 
 taxation or the public revenue must be first considered in 
 committee of the whole, before any resolutions or bills can 
 be passed by the House of Commons. Addresses to the 
 queen or her representative in Canada are also frequently 
 founded on resolutions considered first in 'jommittea of 
 the whole.^ 
 
 When the house agrees to resolve itself immediately 
 into a committee of the whole, the speaker will call a 
 member to the chair in accordance with rule 75 : 
 
 "In forming a committee of the whole house, the speaker, 
 before leaving the chair, shall appoint a chairman to preside, who 
 shall maintain order in the committee ; the rules of the house 
 
 1 Lords' S. O. 8 and 44 ; 109 Lords' J. 11 ; 237 E. Hans. (3), 58. 
 - R. 20 ; supra, p. 361 7i. 
 
 =* Can. Com. J. (1875), 188 ; lb. (1877), 117 ; lb. (1878), 147. 
 * Can. Com. J. (1875), 351, 355 ; lb. (1878), 255; mpra, p. 293. 
 
PROCEDURE IX THE COMMONS. 417 
 
 shall be observed in committeo of tlie whole house, so far as may 
 lie applicable, except the rule limiting- the number of times of 
 speaking." 
 
 AVhen the house has ordered the committee for a future 
 day, the clerk will read the order when it has been reached, 
 and the speaker will then put the formal question — "The 
 motion is, that I do now leave the chair." If the house 
 ao-ree to this motion, Mr. Speaker will at once call a mem- 
 ber to the chair; but any amendment may be made to 
 this qiiestion ; and if it be carried in the affirmative it 
 will supersede the question for the time being, and the 
 house will not go into committee. But when it is in- 
 tended to move only an instruction, and not to prevent the 
 house going" into committee on a question, the instruction 
 •should be moved as soon as the order has been read at the 
 table.' 
 
 When the speaker leaves the chair, the serjeant-at-arms 
 places the mace under the table where it remains during 
 the sitting of the committee. The chairman (who occu- 
 pies the clerk's chair) will propose and put every question 
 in the same manner as the speaker is accustomed to do 
 in the house itself. The members should address them- 
 selves to the chairman." If a question of order arise he 
 
 will decide it himself, unless it be deemed more, advisable 
 
 » 
 
 to refer tne matter to the speaker in the house itself. Rule 
 76 provides : 
 
 •'Questions of order arising in committee of the whole house 
 shall be decided by the chairman, subject to an appeal to the 
 house ; but disorder in a committee can only be censured by the 
 house, on receiving a report thereof." 
 
 ' Can. Com. J. (1870), 120. Chapter on public bills. May, 431. 
 
 ' In the English house the chairman of a committee is frequently 
 addressed by name. If the chairman, through fatigue or for other 
 reasons, finds it necessary to vacate the chair temporarily, he may call 
 another member to fill his place ; and mention of the fact will be made 
 in the record of the proceedings of the committee. 132 E. Com. J. 395, 
 South Africa Bill. 
 
 21 
 
418 
 
 COMMITTEES OF THE WHOLE. 
 
 If it be found expedient in either house to refer the point 
 of order to the speaker, a member will move that the 
 chairman report progress and ask leave to sit again that 
 day. When the speaker has resumed, the chairman will 
 report that the committee wishes to be instructed as to the 
 point in question. The house will then proceed to tako 
 the matter into consideration, and the speaker having 
 been requested to give his opinion will decide the matter 
 in dispute ; then unless there is an appeal to the house 
 against the speaker's c^ecision, the committee will resum(i 
 its proceedings.^ In case of disorderly proceedings in 
 committee, such as unseemly noises and interruptions, the 
 chairman will endeavour to preserve order,and will rebuke 
 those guilty of such breaches of parliamentary decorum ; -' 
 but he cannot put a question censuring a member ; that 
 can be done by the house alone.' In a very urgent case 
 of disorder, the speaker may take the chair immediately, 
 without waiting for the report of the chairman.^ When 
 improper language is used by a member towards another, 
 the words may be taken down in committee, and reported 
 to the house which will deal with the matter in accord- 
 ance with its rules and usages.^ 
 
 If the committee has risen, reported progress and ob- 
 tained leave to sit again . on a future day, t^^^e speaker vfill 
 not put any question, but will immediately call a member 
 to the chair when the order has been read ; but this prac- 
 tice does not apply to committees of supply and ways and 
 means. The standing order of Ihe English Commons is as 
 follows — there being no written rule in the Canadian house 
 
 on this point : 
 
 " When a bill or other matter (except supj)ly or ways and 
 
 ^ Can. Com. J. 1875, April 1st ; general acts respecting railways. 91 E. 
 Com. J. 104 ; 126 E. Hans. (3), 1240 ; also, Sen. J. (1875), 137-8. 
 
 ■' 239 E. Hans. (3), 1790. 
 
 3 R. 76, p. 417. 126 E. Hans. (3), 1193 ; 235 Ih. 1810 ; 108 E. Com. 
 J. 461. 
 
 * Case of J. Fuller, 65 E. Com. J. 134-136. 
 
 = 235 E. Hans. (3), 1809-1833. See chapter on debate, s. xx. 
 
RULES OF PROCEDURE. 
 
 419 
 
 means) has been partly considered in committee, and the chairman 
 has been directed to report progress, and ask leave to sit again, 
 and the house shall have ordered that the committee shall sit 
 again on a particular day, the speaker shall, when the order for 
 the committee has been read, forthwith leave the chair, without 
 j)utting any question, and the house shall thereupon resolve 
 it.self into such committee."^ 
 
 No motion or amendment in committee need be 
 seconded." In case of a division being called for, the 
 members rise and the assistant clerk counts and declares 
 the number on each side, and the chairman decides the 
 question in the affirmative or negative, just as the speaker 
 does in the house itself. No names are recorded in com- 
 mittee. Consequently but few divisions take place in 
 committees of the whole.^ 
 
 One of the clerks-assistant keeps a record of the pro- 
 ceedings of committees of the whole in a book, to which 
 members can always have access. The chairman of the 
 committee signs his initials at the side of every section of 
 a bill or resolution, and his name in full at the end. The 
 proceedings of the committees of supply and of ways and 
 means are always recorded in the journals ;* and the same 
 is done in the case of all resolutions which provide for the 
 expenditure of public money or *for'the imposition of 
 taxes, and have to be received on a future day.' The 
 proceedings in committees on bills are not given in the 
 Canadian journals,*^ though it is the invariable practice in 
 the English Commons to do so when amendments are pro- 
 posed or made.'^ In case of amendments being moved or 
 divisions taking place on a question, they are sometimes 
 
 ' S. 0. 25th June, 1852 ; no. 111. 
 - May, 433. 
 
 ' Sen, J. (1878), 215 ; lb. (1879), 272. In the Lords the names are given 
 -Lords' J. (109), 173-5. 
 
 ' Can. Com. J. (1877), 44, 53, 74 ; 129 E. Com. J. 100, 133, 258. 
 ' Can. Com. J. (1876), 74 ; lb. (1S77), 155, 156. 
 « lb. (1877), 161. 
 ' 129 E. Com. J. 191, 198, 205. 
 
420 
 
 COMMITTEES OF THE WHOLE. 
 
 recorded in the Canadian Commons' journals, but this 
 practice is exceptional/ In the Senate the proceedings of 
 all committees are recorded in the journals in accordance 
 with an express order.- 
 
 It is not regular to move an adjournment of the debate 
 on a question or an adjournment of the sittings of the com- 
 mittee to a future time ; ' but certain motions may h^. 
 made with the same* effect. If it is proposed to dclcr 
 the discussion of a bill or resolution, the motion may l)e 
 made — " That the <'hairman do report progress and ask 
 leave to sit again ;" ' and if this motion (which is equiva- 
 lent to a motion for the adjournment of the debate)'' h(» 
 agreed to, the committee rises at once, and the chairman 
 reports accordingly. The speaker will then say — " "When 
 shall the committee have leave to sit again ?" A time 
 will then be appointed for the future sitting of the com- 
 mittee.'' But if a member wishes to supersede a question 
 entirely, he will move — " That the chairman do now leave 
 the chair." ' Uule t7 of the House of Commons provides : 
 " A motion that the chairman leave the chair shall always 
 be in order, and shall take precedence of any other motion.' 
 If this motion (which is equivalent in its effect to a motion 
 for the adjournment of the house)^ be resolved in the aiHr- 
 mative, the chairman w^ill at once leave the chair, and no 
 report being made to the house, the bill or question dis- 
 appears from the order paper.^ Two motions to report 
 
 ' Can. Com. J. (1867-8), 32 ; lb. (1870), 230-1. 
 
 -' Sen. E. 91, supra, p. 416; Sen, J. (1878), 215. 
 
 '* Sen. R. 88, mjyra, p. 415, ISl&y, 439. 
 
 * 132 E. Com. J. 395. 
 
 •' Evidence of -Mr. Raikes, chairman of C, before committee on public 
 business, 1878, p. 89. The discussion on this motion may be on a bill or 
 question generally ; 239 E. Hans. (3), 633. 
 
 « Can. Com. J. (1877), 76. 
 
 ■ 132 E. Com. J. 395. 
 
 « Evidence of Mr. Raikes, C. on P. B. 1878, p. 89. 
 
 » 117 E. Com. J, 177 ; Can. Com. J. (1874), 326 ; lb. (1869), 106, 288, 30:5. 
 
jVOTION to supersede a (jl'EsTIOX. . 421 
 
 progress cannot immediately follow each other on the same 
 question ; but some intermediate pro<'eeding must be had.' 
 Consequently if a motion to report proiiress be negatived, 
 a member may move that " the chairman do lea.ve the 
 ihiiir."' If the latter motion is carried in the affirmative, 
 then the business of the committee is superseded, and the 
 chairman can make no report to the house. In this case, 
 however, the original order of reference still remains, 
 though the superseded question may not appear on the 
 order paper ; and it is competent for the house to resolve 
 itself again, whenever it may think proj)er, into com- 
 mittee on the same subject." 
 
 By reference to the Senate rules' it will be seen that the 
 motion for the previous question is expressly forbidden. 
 No such rule appears among th(» orders of the Canadian 
 Commons ; but the practice is the same as that of the 
 English hou.se, which does not admit of the motion. 
 "The principle of this rule," says 8ir Erskine May on this 
 point, " is not perhaps very clear, but such a question is 
 less applicable to the proceedings of a committee. A sub- 
 ject is forced upon the attention of the house, at the will 
 of an individual member ; but in committee the subject 
 has already been appointed for consideration by the house, 
 and no question can be proposed unless it be within the 
 order of reference. Motions, however, having the same 
 practical effect as the previous question, have sometimes 
 been allowed in committees on bills ; and a motion that 
 the chairman do now leave the chair, offered before any 
 resolution has been agreed upon, and w^th a view to 
 anticipate and avert such resolution, has precisely the 
 same effect as the previous question." ' 
 
 ' ^lay, 440. The same principle applies to these motions that applies 
 to those for the adjournment of the house and debate, supra, p. 334. 
 ' 132 E. Com. J. 394-6 ; 239 E. Hans. (3), 1802, 1811-15. 
 ' See chapter on public bills. 
 * Supra, p. 415. 
 ' May, 433. Education, 111 E. Com. J. 134 ; 141 E. Hans. (3), 780, 799-80. 
 
422 
 
 COMMITTEES OF THE WHOLE. 
 
 If it bo shown by a division or otherwise that there is 
 not a quorum present in the committee, the chairman will 
 count the members and leave the chair, when the speaker 
 will again count the house. It' there is not a quorum 
 present, he will adjourn the f house ; but if there are 
 twenty members in their places, the committee will ])e 
 resumed.' If the house is adjourned for want of a cpioruni 
 the committee may again be revived." In the same way. 
 if a question is supersedi'd by the motion for the chair- 
 man to leave the chair, it may be subsequently revived. 
 for the committiie has no power to extinguish a question : 
 that power the house retains to itself.^ 
 
 During the sittings of the committee, the speaker 
 generally remains in the house, or within immediate call. 
 so that he may be able to resume the chair the moment it 
 is necessary. A message from the governor-general, sum- 
 moning the house to attend him in the Senate chamber, 
 will call upon the speaker to resume the chair immedi- 
 ately. But messages brought by a clerk of the Senate will 
 not interrupt the proceedings of a committee. Such mes- 
 sages are only reported to the house by the speaker as 
 soon as the committee has risen and reported, and before 
 another question has been taken up by the house.^ 
 
 "When six o'clock comes the speaker will resume the 
 chair immediately, without waiting for any report from 
 the chairman, and will say — " It being six o'clock, I now 
 leave the chair." In case, however, the committee cannot 
 sit after recess, the chairman must make the usual formal 
 motion for leave to sit again. In case, however, the com- 
 mittee can continue, the chairman will resume the chair 
 
 » 100 E. Com. J. 701 ; 121 lb. 272 ; 137 lb. 197 ; Leg. Ass. (1852-3), 103S. 
 1116. 
 
 2 110 E. Com. J. 449 ; 137 lb. 197. 
 
 » 176 E. Hans. [3], 99; 115 E.Com. J. 402, 427. Evidence of Mr. Raikes, 
 Com. on P. B., 1878, p. 89. Also, chapter on public bills. 
 
 * Can. Com. J. (1877), 282. Here the message was received whilst the 
 committee of supply was sitting. 
 
JIEVORT. 423 
 
 after half-past seven o'clock, when the speaker has taken 
 his seat and called on him to discharge that duty.' If it 
 he one ot those days when an hour is devoted to the con- 
 sideration of private bills, he will only resume when they 
 have l)e(!n duly disposed of." 
 
 IV. Report from Committees of the Whole.— By rule 47 of the 
 House oi" Commons all am«'ndments made to bills in com- 
 mittet^ of the whole " shall be reported to the house, which 
 shall receive the same forthwith." ' Kesolutions provid- 
 ing- for a grant of public money, or for the imposition of a 
 public tax, can only be regularly received on a future day' 
 Resolutions relating to trade or other matters may be 
 received immediately, and bills introduced thereupon.'^ 
 All resolutions, when reported, are read twice and agreed 
 to by the hovise. The first reading is a purely formal pro- 
 ceeding, but the question for reading the resolutions a 
 second time is put by the speaker, and may be the sub- 
 ject of debate and amendment.'' Resolutionsmay be with- 
 drawn, postponed, or otherwise disposed of.' On the 
 motion for reading them a second time the discussion and 
 amendment may i-elate to the resolutions generally, but 
 when they have been read a second time any debate or 
 amendment must be confined to each resolution."* 
 
 > Can. Com. .J. (1876), 264-5. 
 
 - Ih. (1S7S), 85. Here no private bills -were on the pai)er, but a message 
 from the Senate with a private bill was taken up, and progress made 
 therewith. 
 
 •' Chapter on public bills, s. xi. 
 * Chapter on supply, s. ix. 
 
 ^ Can. Com. .T. (187.3), 127, 149, 155, 157 ; Ih. (1878), 108, 116 ; 129 E. 
 Com. J. 31 ; 137 Ih. 48 (Banking Laws). 
 « Can. Com. J. (1880-1), 94 (Canadian Pacific R.). 
 
 " 77 E. Com. J. 314 ; 95 Ih. 169 ; 112 Ih. '221 ; 119 Ih. .333 ; 129 Ih. 100, 
 107 ; 132 Ih. 354. Can. Com. J. (1867-8), 59, 160; Ih. (1869), 181, 183 ; Ih. 
 (1871), 88. 
 
 « 174 E. Hans. [3], 1551 ; Can. Com. J. [1883] 401. 
 
424 
 
 commjtti:j:s of the wjioli:. 
 
 V. New Rules of the English Commons.— Th(^ rulos whirh 
 govern coinraittws of the whole give exceptional oppor- 
 tunities for making motions and indulging in prolonged 
 discussions. When we consider that every clause in a 
 bill may of itself be the su])ject of numerous motions, ou 
 each of which a member may speak as often as he pleases. 
 it is quite evident that a minority, great or small, has il 
 always in its power, when so inclined, to obstru<?t publit 
 business. It is, therefore, easy to understand that there 
 have been of late years, during the crisis through which 
 the Imperial House of Commons has been passing, such 
 serious interruptions to the proceedings of committees ol 
 the whole that it has been thought necessary to revise the 
 rules of procedurti as the only means of meeting a great 
 difficulty. It will be seen from the summary given else- 
 where^ of the new standing orders of the English house, 
 that when the chairman of a committee of the whole is ol 
 opinion that it is the sense of the committee that a subject 
 has been adequately discussed, he may so inform the 
 members, and then a debate may be summarily brought 
 to a close by the committee deciding that the question be 
 now put. Or, if he is of opinion that a motion that the 
 chairman do report progress or do leave the chair is au 
 abuse of the rules, he may immediately put the question. 
 He may also call attention to irrelevant remarks, and direct 
 the offending member to discontinue them. Any member 
 who wilfully disregards the authority of the chair, or 
 obstructs business, may be named by the chairman, and if 
 thv^ committee decide that he should be suspended, the 
 circumstance will be reported forthwith, and the speaker 
 shall put the question for suspension without delay. 
 Debate must now be confined to the matter of a motion 
 for the chairman reporting progress or leaving the chair ; 
 and no member who has moved or seconded any such 
 motion shall have the right to propose a similar motion 
 
 ^ Chapter on debate, s. xxv. 
 
A7;ir lU'f.ES OF THE ESGLlSn COMMOSS. 42."» 
 
 tluriug" tho same dt'])att». It is also ordcn'd that wlirii tho 
 chairman has boeii authoriscul by the cominittoo to makf 
 a report to the housf, he shall leave the chair without 
 putting the (juestion, and consequently no dc])atecan take 
 place at that stage oi* proceedings. These are the material 
 changes in the procedure oi" committees of thc! whole in 
 the English Commons, and it will be seen that they are 
 virtually an entire reversal oi' the old practice which 
 allowed exceptional latitude of discussion in committees. 
 It must be added, however, that they are not intended, 
 and are not likely ever to be used, to prevent legitimate 
 discussion or the proposal of such motions as are necessary 
 to the proper consideration of a question. 
 
CHAPTER XVI. 
 
 SELECT, STANDING AND SESSIONAL COMMITTEES. 
 
 I. Sessional com mitteos of the Senate. — TI. Standinir Committees of the 
 Commons. — III. Appointment of select committees. — IV. Quorum.— 
 V, Ortranization and i)rocodure of committees. — VI. Reiiorts of coni- 
 mittees. — VII. Their presentation to the house. — VIII. Concurrence. — 
 IX. Examination of witnesses. — X. Their payment. — XI. Their exani- 
 ination under oath. 
 
 I. Sessional Committees in the Senate.— Select committees no^\ 
 form a most important part of the legislative machinery. 
 They possess the obvious advantages, which a small 
 number of persons must naturally have, of being able to 
 discuss the details of the questions referred to them with 
 that patient deliberation which is practically impossible, 
 as a rule, in the whole house. The tendency of modern 
 practice is to refer to committees all matters requiring tht'^ 
 taking of evidence and laborious investigation. In this 
 way, the houses are able to simplify their proceedings and 
 make greater progress with the public business. 
 
 The value of select committees for these purposes has 
 always been recognized by the Canadian legislatures, and 
 of late vears their usefulness has received extension bv the 
 reference of many public bills of an important character 
 either to standing or special committees. In England 
 also, the House of Commons has begun to attach greater 
 importance to such deliberative bodies, and has recently 
 appointed two standing committees for the consideration 
 of all bills relating to law and courts of justice, and to 
 trade, shipping and manufactures ; in fact, establishing a 
 
S::'''":ONAL COMMITTEES. 427 
 
 class of committees, which have been practically in oper- 
 ation for years in the legislatures of Canada.^ 
 
 In the course of every session, a number of standing or 
 sessional committees are appointed in each house of the 
 Parliament of the dominion to inquire into and report on 
 those matters referred to them for consideration. By stand- 
 ing committees are mc^ant those committees which are 
 appointed beforehand for the consideration of all subjects 
 of a particular class, arising in the course of a session. In 
 the Senate, these committees are also called " sessional." 
 
 After the speech from the throne has been considered 
 and answered in the upper house, it is the practice to 
 appoint sessional committees on the following subjects : 
 on banking and commerce ; on railways and telegraphs 
 and harbours ;- on the contingent accounts of the Senate ; 
 on standing orders and private bills.' Committees are 
 also appointed to act with committees of the Commons 
 on the library and printing of Parliament. As the Senate 
 has, for years past, had its debates reported oihcially, it 
 is usual at the beginning of a session to appoint a com- 
 mittee on reporting. ' Notice is always given in the 
 minutes of the members of the different sessional com- 
 mittees.' The motion for the appointment of a sessional 
 committee must be put and concurred in by the house." 
 The sessional committees on banking and commerce, rail- 
 ways, and contingent accounts, report from time to time,^ 
 without receiving special authority to that effect in the 
 
 ^ See remarks of Sir John Macdonald, 10th of Feb., 1883, Can. Hans. 
 Also, S. 0. of 1st of Dec, 1882 (Nos. xxii. and xxiii.), with lesixjct to the 
 English committees. 
 
 ^ Previous to the session of 187i), these subjects were all referred to one 
 committee on banking, commerce and railways. Sen. Hans. (1879), 38. 
 A committee is also sometimes appointed to manage the refreshment 
 rooms, Sen. J. (1880), 33. 
 
 ' Sen. J. (1883), 41. 
 
 * Sen. J. [1878], 36-37 ; lb. [1879], 44-5 ; lb. [1882], 29-30. 
 
 '" Min. of P. [1878], 26-27 ; lb. [1882], 18-20 ; lb. [1883], 35-36. 
 
 « Sen. J. [1878], 3<3. 
 
428 
 
 COMMITTEES. 
 
 order appointing; them.^ The committee on standing- 
 orders, however, always receives such power, as well as 
 authority to send for persons, pajiers, and records.^ Mes- 
 sages will 1)6 sent to the Commons informing' them of the 
 appointment of committees on the library and printing. ' 
 The committees of the Senate meet on the next sitting day, 
 after their appointment, and choose their chairman, and 
 the majority of senators appointed on such committees 
 constitute a quorum unless it be otherwise ordered/ But 
 it is the practice for these committees (except that on the 
 library) to report, recommending the reduction of their 
 quorum to a stated number/^ 
 
 The rules that govern the proceedings of the committees 
 of the Senate are, for the most part, the same as those of the 
 Commons ; " and whenever there is any difference in prac- 
 tice, it wall be shown in the course of this chapter. 
 
 n. Commons' Standing Committees.— When the speech has 
 been reported by the speaker at the commencement of a 
 session, the premier or other member of the ministry in 
 the House of Commons will formally move. 
 
 "That select standing committees be appointed for the follow- 
 ing purjjo.ses : — 1. On privileges and elections ; 2, On exj)iring 
 laws ; 3. On railways, canals, and telegraph lines ; 4. On mis- 
 cellaneous private bills ; 5. On standing orders ; 6. On printing; 
 7. On public accounts ; 8. On banking and commerce ; 9. On 
 immigration and colonization. Which said committees shall 
 severally be empowered to examine and inquire into all such 
 matters and things as may be referred to them by the house ; 
 and to report from time to time their observations and opinions 
 thereon, with power to send for persons, papers and records."' 
 
 1 Sen. J. [1878], 37 ; lb. [1882], 30. 
 =^ J6. [1882], 30. 
 ^ Ih. [1882], 29-30. 
 * R. 92. 
 
 s Sen. J. [1878], 44, 52, 54 ; lb. [1879], 54, 55 ; lb. [1882], 32-33. 
 " In the House of Lords there are very few special rules in regard to 
 the appointment and constitution of select committees ; May, 447. 
 ' Can. Com. J. [1867-8], 5 ; [1878], 14. 
 
STANDING COMMITTEES. 42i> 
 
 Notice is then given of a mot: on for the appointment of 
 a special committee composed of leading men of the 
 ministry and opposition to prepare and report lists of 
 members to compose the select standing committees 
 ordered by the house/ This committee is appointed in 
 dne form ' and reports the standing committees without 
 delay."' The report is generally allowed to be upon the 
 table for one or two days, so that members may have an 
 opportunity of examining the lists in the votes, and of 
 suggesting any changes or corrections that may appear 
 necessary. But it is necessary frequently to move con- 
 currence immediately in the report " so far as it relates to 
 the select standing committee on standing orders," ^ in 
 order that no time may be lost in the consideration of 
 petitions for private bills, which can be received only 
 within a limited period after the commencement of the 
 session.^ When the house has had an opportunity of con- 
 sidering the lists, the report will be formally adopted ; ** 
 but it is not usual to appoint these committees until the 
 address in answer to the speech has been agreed to. It is 
 the practice to make special motions with reference to the 
 joint committees on the printing and the library of Parlia- 
 ment. Messasres are sent to inform the Senate that the 
 Commons have appointed certain members of the house to 
 form a part of such committees. When similar messages 
 have been received from the Senate, these joint committees 
 are able to organize and take up the business before them." 
 Though the committee on the library is not ordered — 
 as is the case with that on printing — in the resolution 
 providing for the formation of standing committees, yet it 
 
 1 V. and P. [1877], G ; Ih. [1878], 14. 
 
 ^ Can. Com. J. [1878], 24. 
 
 •' Can. Com. J. [1877], 23 ; Ih. [1878], 28. 
 
 ♦ 1 h. [1877], 25 ; lb. [1878], 28 ; lb. [1879] 23. 
 
 •" Chapter on private bills. 
 
 « Can. Com. J. [1878], 36. 
 
 ' Ih. [1878], 41. 
 
430 
 
 COMMITTEES. 
 
 falls practically within the same category and is always 
 appointed at the same time.' 
 
 The titles of the s'^veral standing committees of the 
 house sufficiently indicate their respective functions. Homo 
 of these committees are very large, the number of members 
 on railways, canals, and telegraph lines having been 131 
 in 1883 ; on banking and commerce, 94 ; on immigration 
 and colonization, 78 ; on miscellaneous private bills, 69. 
 The number on the other committees, vary from 30 to 42. 
 Before 1883, the committee on public accounts was com- 
 posed of 97 members ; but in that year the number was 
 reduced to 45 as an experiment. It has been suggested 
 that public business might be largely forwarded by the 
 extension of the same principle with reference to other 
 committees.- 
 
 m. Select or Special Committees.— In addition to the standing 
 committees, there are certain select or special committees 
 appointed in the two houses in the course of a session. The 
 term, select committee, is properly applied to a committee 
 appointed to consider a particular subject. For instance, in 
 the session of 1883, select committees were appointed in 
 the Commons on interprovincial trade, on the question 
 of communication between the main-land and Prince- 
 Edward Island, and on the criminal law. In the same 
 session several bills of a special character were referred by 
 the Senate to select committees;^ 
 
 In the Senate there is no rule, as in the Commons, 
 limiting the number of senators who may sit on a select 
 committee. AYhen a committee is appointed in the Senate 
 it is usual to ask in the motion for i^ower to send for per- 
 
 1 Can. Com. J. [1877], 25, 2^; Ih. [1878], 29, 30 ; Ih. [1879], 23. 
 
 - See remarks of Sir John Macdonald and Mr. Blake; Hans. [1883], 36-7. 
 In the Enghsh house the committee on pubUc accounts, estabUshed by 
 S. 0. (No. xxxvi.) since 3rd of April, 1862 (amended 28th of March, 1870,) 
 consists of only 11 members, of whom 5 are a quorum. 
 
 ^Sen. J. [1883], 157, 176. See Sen. and Com. J., under head of com- 
 mittees. 
 
SELECT COMMITTEES. 481 
 
 i^ons, papers, and records, to examine witnesses on oath, to 
 report from time to time, or other powers that may be 
 necessary.' If it is necessary to refer minutes or evidence 
 taken before a committee of the previous session, the mo- 
 tion should be to that effect." Notice should properly be 
 iriven of all motions for select committees ; ' but it is not 
 the invariable i)ractice in the Senate to include in the mo- 
 tion the names of the committee, which may be given by 
 consent of the house when the motion is duly jiroposed.' 
 But no doubt it is the more convenient and regular course 
 to include the names in the notice of motion.^ It is usual 
 for the mover of a select committee to be one of its 
 members. Eule 96 i^rovides : 
 
 " Every senator, on whoso motion any bill, petition, or ques- 
 tion shall have been referred to a select committee shall, if he so 
 desire, be one of the committee." 
 
 A select committee of the Commons, unlike the stand- 
 ing committees of the same body, is limited to a cer- 
 tain number, except the house should find it advisable to 
 make additions, liules 78 and t9 provide as follows : 
 
 " No select committee may, without leave of the house, consist 
 of more than fifteen members, and the mover may submit the 
 names to form the committee, unless objected to by tivc members; 
 if objected to, the house may name the committee in the follow- 
 ing manner : each member to name one, and those who have 
 most voices, with the mover, shall form the same; but it shall be 
 always understood that no member who declares or decides 
 against the principle or substance of a bill, resolution, or matter 
 to be committed, can be nominated of such committee." 
 
 " Of the number of members appointed to compose a com- 
 mittee, a majority of the same shall be a quorum, unless the 
 house has otherwise ordered." 
 
 1 Sen. J. [1878], 59, 63. 
 
 ^ Ih. [1878], 59 (Canadian Pacific R. R., terminus at Fort William). 
 
 ^ IVIin. of P. [1878], 42, 138. 
 
 * Min. of P. 1878, p. 44 ; Journ. p. 62. 
 
 * Min. of P. [1878], 138. 
 
432 
 
 COMMITTEES. 
 
 By rule 31 it is ordered that two days' notice shall be 
 given of a motion for the appointment of a committee ; 
 but none is necessary in the case of matters affecting the 
 privileges of the house.' It is the regular course to give 
 the names of the committee in the notice of motion, unless 
 it is intended to have it appointed directly by the house.- 
 The motion should also state whether it is necessary that 
 the committee should report from time to time." If the 
 committee should report once without having received the 
 power in question, it will be defunct until revived.' In 
 cases where it has been forgotten to ask this power from 
 the house, it is usual for the chairman, or other member, 
 to obtain such power on a special motion.' The same 
 remarks apply to sending for persons, papers, and records."^ 
 Sometimes committees may find it necessary to ask for 
 power " to report evidence from time to time," ^ and 
 "with all convenient speed. '"^ If it be proposed to appoint 
 a larger committee than one of fifteen members, the mover 
 will ask for leave to suspend the rule ^ — of which motion 
 a notice should properly be given.^'^ Members are fre- 
 quently added or substituted in place of others, without 
 a notice being given ; '' but objection may properly be 
 taken to this course, and the regular procedure in both 
 houses is to give previous notice in the votes and minutes 
 
 1 113 E. Com. J. (kS ; 14G E. Hans. (3), 97 ; 148 lb. 18.55-1807. 
 
 2 V. and P. [1877], 48, 127 ; Can. Com. J. [1870], 173-4. The English 
 S. O. No. xxix. directs that one day's notice bo given in the votes before 
 the nomination of a select committee. 
 
 =* Can. Com. J. [1877], 30. 
 
 * Ih. [1870], 23, 36, 58. 
 
 '" Can. Com. J. [1877], 23. Here it will be seen the motion having been 
 agreed to, the committee on the official reporting of the house immediately 
 brought in their first report. Also, Ih. [1882], 122. 
 
 8 Ih. [1873], 61. 
 
 ^ Ih. [1873], 137. 
 
 ^ Ih. [1875], 139, 212. 
 
 « Ih. [1869], 56 ; Ih. [1870], 117 ; Ih. [1875], 139. ; Ih. [1883], 128. 
 
 i« 112 E. Com. J. 157 ; 137 Ih. 21 ; May, 450. 
 
 " Sen. J. [1867-8], 115, &c. ; Can. Com. J. [1878], 48, 57, &c. 
 
XAMEi) liY Tin-: iiorsE. 43:] 
 
 of proooodini^s.^ The Eug-lish standing' ordor is much 
 more explicit than the Canadian rnh', as respects the 
 appointment of committees ; it is as follows : 
 
 "Xo select committee shall, witliout leave (»lttaiiie(l of the 
 house, consist of more than fifteen memhers; such leave shall 
 not be moved 11 >r without notice: and in the case of members 
 pi'oposed to be added or substituted after the tirst aj)pointmentof 
 the committee, the notice shall include the names of the members 
 proposed to br adde<l or substitutr«l." - 
 
 Committees are sometimes appointed directly by the 
 Honse of Commons, in a(^cordan(;e with rule ^!> ; and in 
 such a case the procedure is as follows: The assistant 
 clerk will call out in regular alphabetical order the names 
 of all the mem])ers from a printed division list, and each 
 member will immediately n^ply with the name of the 
 member he votes for. The clerk checks otF the votes, 
 and those who receive the highest number will compose 
 the committee. The notice of motion should properly 
 state whether it is proposed to have the committee ap- 
 pointed in this way ; and then, as soon as the house has 
 agreed to the committee, it will proceed at once to name 
 the same."' In the session of 1877 the house agreed to 
 appoint a committee of nine members to inquire into the 
 affairs of the Northern Ttailway Company, but adjourned 
 without nominating the members of the committee. It 
 was then considered necessary to give two days' notice 
 that the premier (Mr. Mackenzie) would move on a parti- 
 cular day that the house name the committee in question ; 
 and it was named accordingly.^ In a previous case it was 
 proposed to refer some matters connected with an election 
 in Charlevoix to the committee on privileges ; but the 
 
 ' Can. Si)eak. D. 43 ; Sen. Min. of P. [1878], 82 ; 174 E. Hans. (3), 501, 
 15G9 ; 227 lb. 1496 ; 239 76. 1192. 
 ■ S. O. xxvii. ; 25th June, 1852, E. Com. J. 
 ^ Can. Com. J. [1873], 137 (Pacific Railway charges). 
 * Votes [1877] 127 ; Jour. 103, 118. 
 
 28 
 
484 
 
 COMMITTEES. 
 
 house adopted an amendment that it should itself appoinl 
 the committee, and it was nominated forthwith.' 
 
 By reference to the rule of the Canadian Commons it 
 will be seen that live members can always object to the 
 mover submitting the names to form a committee. This 
 provision is to be found in the rules of the legislative 
 assembly of Canada, though for many years it required 
 the objection of only one or two members.- The prac- 
 tice was for the members to take objection under the rule 
 as soon as the question was proposed on the motion lor 
 the committee, and the house would at once x^roceed to 
 name the committee.'* In 1883 five members rose to object 
 to a committee being named by the premier on the subject 
 of a bill " respecting the sale of intoxicating liquors and 
 the issue of licenses therefor ;" but the speaker called 
 attention to the fact that the motion before the house pro- 
 vided for the suspension of the rule as to the selection of 
 members, and consequently decided that the mover had 
 a right to submit the names as in the resolution.' It is a 
 standing order of the English House of Commons : 
 
 " That every member intending to move for the appointment of 
 a select committee do endeavour to ascertain previously whether 
 each member proposed to be named by him on such committee 
 will give his attendance thereupon."'' 
 
 It will be seen that the Canadian rule (t8), already 
 cited, goes much further : 
 
 " It shall always be understood tnat no member who declares 
 against the principle or substance of a bill, resolution or matter 
 to be committed can be nominated of such committee." 
 
 ^ Can. Com. J. [1876] 173-4. The mover was not. on the committee. 
 
 ^The rule for some years after 1841 contained the words, "if not 
 objected to by the house," and the Sj^eaker decided on one occasion that 
 the objection of one member was sutficient to prevent the motion being 
 received ; Leg. Ass. J. [1852] 127. 
 
 3 Leg. Ass. J. [1854] 17?. 
 
 * Can. Com. J. [1883] 128. 
 
 * S. O. xxviii. 
 
MEMBERS EXEMPT FROM SERVLWG. 435 
 
 A question arose in the session of 18tY as to the pre- 
 rise meaning- oi" this rule, when the appointment of a com- 
 mittee on the eoal trade was under discussion. The 
 speaker decided that no member who had expn'ssed him- 
 self opposed to the consideration of a question oui^'ht to be 
 chosen.' On one occasion, in the session of 1883, the house 
 agreed to suspend the rule, and the consequence was that 
 certain members who had, imm<'diately })efore the ques- 
 tion was put on the motion for the suspension, declared 
 themselves opposed to any consideration of the matter to 
 be referred, were not considered exempt from their obliga- 
 tion to serve on the committee." 
 
 It appears that the rule in question was always in force 
 in the legislative assemblies of Canada,' and is derived 
 from an ancient lilnglish usage, stated in these words : 
 •' Those who speak against the body or substance of a bill 
 or committee or anything proposed in the house ought not 
 by order of the house to be of the committee for that 
 business."^ But a member must be totally opposed, and 
 not take simply exceptions to certain particulars of a bill 
 or motion, in order to be excluded from a committee/' It 
 has also been decided in the Canadian house that a mem- 
 ber who opposes merely the appointment of a committee, 
 cannot be considered as coming within the meaning of the 
 rule.*' 
 
 ^ Com. on coal and intercolonial trade, Hans., 1877, March 1 and 2. 
 
 ^ Can. Com. J. [1883] 128 ; Hans. 253-4. The objecting members never 
 took part in the deliberations of the committee which was appointed 
 on the subject of the issue of licenses for the sale of intoxicating liquors — 
 a subject referred to, supra p. 96. 
 
 * Low. Can. J. [1792] 124: Leg. Ass. J. [1841] 14, 46. The rule was 
 enforced more than once ; Can. Speak. Dec, 44, 93. 
 
 * 2 E. Com. 14 ; Lex. Pari., 329, 331. 
 
 ° Lex. Pari. 315 ; 6 Grey, 373. It is still an English rule that no mem- 
 bers can be appointed to a committee of conference " unless their opinions 
 coincide with the objects for which the conference is held." 122 E. Com. 
 J. 438 ; also 1 lb. 350 ; supra, p. 400. 
 
 « Can. Hans. [1880] 102. 
 
4.3<) 
 
 €OM}frm:i:s. 
 
 If a mom])or is drsirous on account of illness or ad- 
 vanced au<; to b«' excused from attendance on a <ommittee 
 he should ask leave from the house through another 
 member.' Livery member of a legislative body is bound to 
 serve on a <ommiUee to which he has been duly ap- 
 pointed, unless he can show the house there are conclusive 
 reasons for his non-attendant'e.' If a member is not ex- 
 cused and nevertheless persists in n^'usinp' to obey the 
 order of the house, he can be adjudged guilty of contempt, 
 and committed to the custody of the serjeant.' 
 
 IV. Quorum of Committees in the Commons.— Under rule 79 of 
 the Commons a majority of the m(*mbers of a committe«* 
 compose a quorum ; but it is now usual, on the appoint- 
 ment of the standing committees, to fix it at a certain 
 number immediately,' An exception, however, is made in 
 the case of the committees on "privileges and elections, • 
 and on "railways, canals and telegTapli lines," the latter ol 
 which is composed of a very large number compared 
 with others. Consequently, there must always be a 
 majority of the members of these committees present 
 before either can proceed to business. Sometimes the 
 chairman or other member of a select committee will 
 move that the house order a reduction in the number ot 
 
 ' Can. Com. J. [1873] 00. 
 
 ■^ It was said by Mr. Speaker Sutton on a proposition to discharge a 
 member from a committee, on the ground that he could not attend, lor 
 the purpose of substituting another, " that he could not find any trace ot 
 such having ])een the practice ; he did not perceive any member had 
 been left out, except it was by absolute parliamentary disqualification or 
 physical impossibility of attendance ; as to any other disqualification ut' 
 attendance, there was, so far as his knowledge extended, no account of 
 any case having arisen .'' 37 E. Hans. (1) 200-4. Also, 43 lb. 1230, 1234 ; 
 81 lb. (3) 1104, 1190 (Lords). 
 
 =* Case of Smith O'Brien, 101 E. Com. .J. 566, 582, 003. Also, that of Mr. 
 Hennessy, 115 lb. 106 ; 156 E. Hans. (3) 2047. 
 
 * Can. Com. J. [1877] 24 ; lb. [1878] 28. This is Enghsh practice ; 12& 
 E. Com. J. 30, 32, 64- The old practice was for each committee to recom- 
 mend, in its first report, a reduction. Can. Com. J. [1867-8] 28, 29, &c 
 
riiocKimu: of coHMirrEEs. 
 
 437 
 
 the quorum, iu caso it is lound dillifult to obtain a lari^o 
 attendauiM' oi* tho m»'inbt'rs ; or this may ))«' doin' on the 
 recommendation ol'thc* committer itself.' The quorum of 
 the committee on jn-intinii" is only r^'duced on the report 
 of the committe<^ itself, as it is composed of members of 
 ])oth houses, and can be regularly organized only when 
 I he Senate and Commons are informed of the respective 
 members on the i)art of the two bran<hes of the legisla- 
 ture." Sometimes the quorum of a seleit committee will 
 bo increased in case of an addition to its numbers.' Tlie 
 committee on privileges and elections has sometimes re- 
 commended a reduction of its quorum.' 
 
 V. Organization and Procedure of Committees.— "We may now 
 proceed to describe the mode in which the committees 
 are organized, llule 08 of the Senate and rule t4 of the 
 House of Commons provide : 
 
 " The clerk shall cause to be affixed in some conspicuous part 
 of the Senate (or House) a list of the several standini^ or select 
 committees." 
 
 It is usual for the leader of the government in either 
 house to give the clerk instructions as to the time and 
 place of meeting for the organization of the several stand- 
 ing committees. 
 
 In the case of the standing committees of the Commons 
 there are certain clerks whose duties are connected with 
 them especially. For instance, the clerks of standing 
 orders, private bills, public accounts, railways, canals, and 
 telegraph lines, and printing. There is also a chief clerk 
 of committees, whose duty it is especially to have a select 
 committee called together as soon as it is named, at the 
 direction of the clerk of the house. It is usual for the 
 
 ^ Can. Com. J. [1807-8] 4.5, ISO, &o. Ih. [1874] 120, »S:c. Ih. [1882] 122. 
 - Ih. [1877] 55. 59 ; lb. [1878] 46 ; this report was not concurred in — an 
 n:advertence on the part of the chairman. Sen. J. [1878] 54. 
 ' Ih. [1874] 85. 
 '/ 6. [1873] 82. 
 
438 
 
 COMMITTKKS. 
 
 memht^r, on whosr motion a select committoo has been 
 nomiuutcd, to take the initiative in call i no- it toij^ether. 
 and having it regularly organized;' and this he will do 
 by pl.u'ino- hims«'lf immediately in commnnication witli 
 the clerk olthi; house.- 
 
 The committee having met, and a quorum being pre- 
 sent, the members will proceed to eie<'t a chairman.' 1 1 
 there is no quorum present this proceeding must be de- 
 fcirred until tlu? requisite number are in attendance ; or 
 the organization of the committee may be delayed until 
 another day.' It is the duty of the chairman to preserve 
 order and enforce the rules. Committees are regarded ar« 
 portions of the house, limited in their inquiries by th<' 
 extent of the authority given them ; but governed for the 
 most part in their proceedings by the same rules which 
 prevail in the house, and which continue in full operation 
 in every select committee.' Every question is determined 
 in a select committee in the same manner as in the house 
 to which it belongs,'' In case a ditterence of o, inion 
 arises as to the choice of a chairman, the procedure of the 
 house with respect to the election of a speaker shou'd be 
 followed. That is to say, according to correct p^^ , 
 the clerk puts the question and directs the divi&vo. ii\ 
 the same way as is done on that occasion by the cieiA 
 the house. The name of the member first proposed w - 
 be first submitted to the committee, and if the question i^ 
 decided in the affirmative, then he takes the chair accor- 
 dingly ; but if he is in a minority in the division, then the 
 clerk puts the question on the other motion. In English 
 practice, w^hen no difference of opinion occurs in the ap- 
 
 1 Sen. Hans. [1883], 49. 
 
 2 Rep. of Com. on the cultivation of the vine, App. No. 7, 1807-8 ; Can. 
 Com. J. 
 
 3 Can. Com. J. [1873], 276 ; Ih. 1883, App. No- 2, King's election case. 
 * May, 454. 
 
 5 11 E. Hans. (2), 912, 914 ; 32 Ih. (3), 501-2-3-4. 
 « May, 461. 
 
pnovEiunyas is committei:. 439 
 
 poiiitmont ofu <'hairman, tho member proposod as chair- 
 man is <allod to the «'hair without any question In'in*;" 
 put.' Whenever no quorum is present the attention of 
 the chairman should be called to the fact at once by the 
 t'le^k, and l)usiness must be suspciuled or adjourned." 
 The names of the meml)ers present each day must })e 
 entered in th(> minutes ))y the clerk, and may be reported 
 to the house on the report of the committee;' but it is 
 usual to do so only when the question is of particular 
 importance, and all th(^ proceeding's are reported.' When 
 there is no evidence taken, it is usual to make only a 
 general report, giving; the opinion or observations of the 
 committee.^ The minutes, however, must be kept in a 
 proper book by the clerks of the diflferent committees in 
 the two houses for reference." The name of a member 
 asking a question of a witness should be entered.' 
 
 The rules that govern the conduct of members in the 
 house should govern them when in committee. It is a rule 
 of the Senate (93), that " senators speak uncovered, but may 
 remain seated." When members of the Commons attend 
 the sittings of a committee, they assume a privih'ge similar 
 to that exercised in the house, and sit or stand without 
 being uncovered."* Members of the committee, however, 
 should observe the rules of the house itself, when they 
 address the chair. 
 
 ' May, 4G1. Set< a sutnmary of a useful little treatise, by the late Mr. 
 Eales, principal clerk of committee.s in the English Commons, given in 
 Mr. Palgraves Handbook, pp. 83-8S. 
 
 - English S. O., 2oth June, 18.52, No. xxxiv. 
 
 ■' This is the S. (). of the Lords and Commons ; Lords' J. 25th June, 1852 ; 
 Com. S. 0. xxxii. S(K) proceedings in King's Co. election case. Can. 
 Com. J. 1883, App. No. 2. 
 
 * Printing R., App. No. 2,18G9, p. 11 ; Pubhc Accounts R., App. No. 2, 
 1873 ; Canada Pacific R. R. Com. Jour. [1873], 275. 
 
 ^ Printing R., App. No. 1, 1870. 
 
 « Sen. Hans. [1883], 474-5 (Mr. Yidal). 
 
 ' Infra, p. 457, Can. Com. J. 1883, App. No. 3. 
 
 » May, 461. 
 
440 
 
 COMMITTICKS. 
 
 It is also the practice in the Canadian Commons to fol- 
 low the English rule with r spect to divisions in a select 
 committee : 
 
 '• That in the event of any division taking place in any scleLi 
 committee, the question proposed, the name of the proposer, 
 and the respective votes thereupon of each member present, be 
 entered on the minutes of evidence, or on the minutes of pro- 
 ceedin<^8 of the committee, (as the case may be) and reported 
 to the house on the rcjiort of such committee."^ 
 
 The standing' order of the Lords is verbatim el literatim 
 the same as that of the House of Commons.- In the Senate, 
 however, it has not been the inA'ariable practice to record 
 the names in the divisions of committees and report them 
 to the honse — the case of the printing committee not being 
 in point, as it is a committee, not of one, but of two 
 houses. 
 
 This question came up in the Senate during the session 
 of 1878. and there appeared to be considerable difference 
 of opinion whether the rule of the Lords ought not to apply 
 thereafter to the proceedings of their committees.^ From 
 an entry made in the journals subsequent to this discussion 
 it will be seen that the names are recorded on a division 
 iu a select committee, and ordered to be reported to the 
 Senate.' The journals, however, show a record of divisions 
 only in those select committees to which special matters 
 of inc[uiry have been referred, and which report their 
 minutes of evidence or procei^dings to the house. As it is 
 shown towards the end of this chapter, the sessional com- 
 mittees on bills do not report their proceedings, but only 
 the conclusions to which they have come. 
 
 ' S. 0. xxxiii. Can. Com. J. 18(59, printing R.. App. ^'o. 2, pp. 10-12 ; Ik 
 1870, public accounts. 
 
 - Resolution of^Tth Dec, 1852. 
 
 ■' Sen. Deb. [1878], 413. 
 
 'Com. on Can. Pacific R. R., '1st May, 1878 ; Jour. p. 254. See also 
 remarks of Mr. ^Miller, Sen. Hans. (1883), 47<i. The names were recordecl 
 and reported in the case of the committee on the Palen contract in 1875; 
 Jour. p. 221. 
 
TIME OF SITTIXa. 441 
 
 In rases \vhere there is much evidence to be taken by w 
 committee, it is usual to ask authority from the house to 
 <'mploy a short-hand writer,' whose remuneration is fixed 
 in the Commons at the rat«» of $') for each sitting- of the 
 ( ommittee, and 80 cents per folio of 100 words." 
 
 Committe(\s should be regularly adjourned from day to 
 day, though in the case of select committees particularly, 
 the chairman is frequently allowed to arrange the day and 
 liour of sitting, l)ut this can only l)e done with the consent 
 of all the members ot the committee.' Committees are not 
 permitted to sit and transact business durinu" the session 
 of the house. It is a rule of the English House of 
 Commons : 
 
 " That the serjeant-at-arms attending the house do, fi-om time 
 to time, when the house is going to prayers, give notice thereof 
 to all committees; and that all proceedings of committees, after 
 such notice, be declared to be null and void, unless such com- 
 mittees be otherwise empowered to sit after prayer.s.'"* 
 
 If it is necessary that a committee meet while the house 
 is sitting in the afternoon or evening, leave must be 
 obtained for it to sit until such hour as may be agreed 
 npou."^ 
 
 In the Canadian House of Commons, committees fre- 
 
 ' Can. Com. J. (1S77), 117 ; Ih. (1S7S), 109. Sen. .T. (1S83), 8-^. 
 
 -76. (1S74),201. 
 
 ■' :May, 464 ; 205 E. Hans. (3) 085. 
 
 Mune 25, 1852 ; 10 E. Hans. (3) 381. In 1870 INIr. Six'.akor Brand quoted 
 tlie followin<r passage from a manuscript book prepared by ]Mr. SjK'aker 
 Abbot in 1805 : " On the appearance of the mace at a cfimmittee, the 
 <ommittee is dissolved. But it is usual and convenient first to inform 
 the committee that the speaker intends or threatens to send the mace if 
 tliey do not come; and for tlie messenger, when the mace is coming, to 
 inform the committee of it that they may adjourn and not be dissijlved." 
 ^Ir. Brand added tliat whilst he had, on th(^. previous day, followed a 
 <ourse founded on tim practice set forth in the foregoing paragraph, yet 
 he had no authority to compel the attendance of menil>ers who are 
 serving on committee-s ; 245 E. Hans. (3) 1499-51. 
 
 ■' 129 E. Com. J. 122, &c. May, 403. 
 
 <•! 
 
442 
 
 COMMITTEES. 
 
 quently sit on Saturday.' Committees of the Senate 
 sometimes sit on the same day, and it was formerly the 
 practice to move for k^ave to do so." The point was at last 
 properly raised whether such motion for leave is not 
 unnecessary, since the Lords have a rule which permits 
 select committees " to sit notwithstanding any adjourn- 
 ment of the house, without special leave. "^ As the Senate 
 draws its precedents from the Lords in unprovided cases, 
 the speaker has decided that a motion for special leave to 
 sit on Saturday is unnecessary.^ 
 
 Sometimes a committee is authorized by the house to 
 adjourn from " place to place as may be found expedient." ' 
 or to meet at a i)articular place," but no committee can sit 
 after a prorogation. A memorable case in point occurred 
 in the session of 1873 in the Canadian Commons. It was 
 moved that a select committee be appointed to inquire 
 into certain^matters relating to the Canadian Pacific Rail- 
 way, and that it have power, " if need be, to sit after the 
 prorogation." The resolution was agreed to, but members 
 had serious doubts whether a committee could sit as pro- 
 posed. It having been admitted by all parties after further 
 consideration that the house could give no such power to 
 a committee, it was arranged that the house should adjourn 
 to such a day beyond the 2nd of July, as would enable 
 the committee to complete the i vestigation, and to frame 
 a report." The date eventuaL 3termiued upon was the 
 13th of August, when Parliament was prorogued, but 
 circumstances arose to prevent the committee making a 
 report to the house." 
 
 ' In the English Commons, committees cannot meet on Saturday, unles? 
 the house is sitting on that day. I^ave must be given by the house. 
 May, 404 ; Pari. Reg. (03), 013. 
 
 2 Sen. J. (1877), 1!)0. 
 
 3 May, 448. 
 
 * Sen. Deb. (1878), 120 ; Ih. (1882), 128 (Senators Dickey and Miller). 
 
 5 107 E. Com. J. 279 ; 111 Ih. 318 ; Romilly, 304, n, 
 
 « Can. Com. J. (1873), 294 (Pacific R. R. Com.) 
 
 '' See statement of Lord Dutferin on this question in the Can. Com. .!♦ 
 
DIVISIOXS. 443 
 
 It is the rule of the Lords that in their committees the 
 chairmau votes like any other peer ; and if the members 
 be equal on a division, the question is negatived {semper 
 pr(Bsumifur pro neganteY It is the rule of the English Com- 
 mons that the chairman of a select committee " can only 
 vote when there is an equality of voices."" The practice of 
 the English houses prevails in the Senate and Commons. 
 The same rules, in fact, obtain with respect to divisions ni 
 committees as in the house itself.^ On one occasion since 
 186t, the Commons ordered that all questions should be 
 decided by a majority of the voices, including the voice of 
 the chairman, who was not, in that case, to have a second or 
 casting vote. ' In the committees of both houses on private 
 bills, however, the chairman can always vote, and has a 
 second or casting vote when the voices are equal.'' 
 
 In the Senate committees, no persons except senators are 
 allowed to be present. Their rules are as follows : 
 
 94. "Senators, though not of the committee, are not excluded 
 from coming in and speaking ; but they must not vote ; they sit 
 behind those that arc of the committee."^ 
 
 95. '* No other persons, unless commanded to attend, are to enter 
 at any meeting of a committee, or at any conference."^ 
 
 Strangers are permitted to be present during the sittings 
 of a committee of the Commons, but they may be excluded 
 at any time ; and it is the invariable practice for them to 
 withdraw when the committee is discussing a particular 
 
 1873 (2d sess.), pp. 15 d mj. Also, fan. Com. J. (1873), 137, 275, 2S7, 294, 
 368. Supra, p. 238 as to effect of prorogation on committees and pro- 
 ceedings generally. 
 
 'May, 461. 
 
 - 91 E. Com. J. 214. 
 
 '■' Sen. J. [1875], 221 ; lb. [1878], 254. Can. Com. J. (1870), public accounts, 
 App. No. 2 ; liere the chairman did not vote ; lb. (1873), 278 ; here there 
 was a tie, and the chairman voted. 
 
 * Can. Pacific R. R. Com. (1873), 430. 
 
 ^ Sen. R. 65 ; Com. R. 62. See chapter on i)rivate bills. 
 
 ^ Lords, S. 0. No. 46. 
 
 ' Same practice in Lords, S. 0. 44. 
 
444 
 
 COMMITTEES. 
 
 point of order, or deliberating on its report.' Members of 
 the Commons may be present during- the proceedings of 
 their committees, and a committee has no power of itsell 
 to exclude any member at any stage of its proceedings. Sir 
 Erskine May, after citing a number of i:)recedonts on this 
 point, comes to this conclusion : " These precedents leave no 
 doubt that members cannot be excluded from a committee- 
 room by the authority of the (^ornmittee ; and that if there 
 should be a desire on the jiart of the committee that mem- 
 bers should not be present at their proceedings, where 
 there is reason to apprehend opposition, they should apply 
 to the house for orders similar to those already noticed. 
 At the same time, it cannot fail to be observed that such 
 ai:)plications have not been very favourably entertained 
 by the house."- Consequently the house will at times 
 appoint secret committees which will conduct their pro- 
 ceedings with closed doors.' Such committees are often 
 chosen by ballot in the English I^arliament.^ It has been 
 •decided that " a member who is not a member of the com- 
 mittee, has no right whatever to attend for the purpose of 
 addressing the committee, or of putting questions to wit- 
 nesses, or interfering in any way in the proceedings."'' 
 
 It is a clear and undisputable princii)le of parliamentary 
 law that a committee is bound by, a,nd is not at liberty 
 
 1 Can. Com. J. (1809), App. 8, p. 4 ; 247 E. Hans. (3), 1957-8. 
 
 - Page, 4G0. 1 E. Com. J. 849 ; 38 Ih. 870 ; 66 Ih. G ; G7 Ih. 17 ; 247 E. 
 Hans. (3), 1958. 
 
 3 53 Lords' J. 115 ; 92 E. Com. J. 2G ■ mih- 4G1 ; 112 76. 94 ; 9G E. 
 Hans. (3), 987, 105G. 
 
 * 67 E. Com. J. 492 ; 74 Ih. 04. 51 Lords' J. 438 ; 37 E. Hans. (1), 155 ; 
 Cusliing, p. 733. In the s&ssion of 1S7;>, Canadian Commons, the com- 
 mittee appointed to inquire into certain charges brought by Mr. Hunt- 
 ington, relative to the Pacific R. R., reported a resolution tliat the pro- 
 <eeding6 .should be secret (Jour. p. 275). But the chairman did not i>ress 
 the resolution out of deference to the wishes of the government (P. Deb. 
 p. 146), and it was subsequently rescinded by the coinnuttee itself (Jour- 
 V- 294). 
 
 '" 73 E. Hans. (3), 725-6 ; Cushing, p. 745. 
 
ORDER OF REFEREXCi:. 44'> 
 
 to depart from, the order of reference.' This principle i.< 
 ossential to the regnlar despatch of business ; for, if it were 
 admitted, that what the house entertained, in one instance, 
 and referred to a committee, was so far controlhible by that 
 ( ommittee, that it was at liberty to disobey the order of 
 reference, all business would be at an end ; and, as 
 often as circumstances would afford a pretence, the pro- 
 ceedings of the house would be involved in endless con- 
 fusion and contests with itself." Consequently if a bill be 
 referred to a select committee it will not be competent for 
 that committee to go beyond the subject-matter of its pro- 
 visions.^ If it be found necessary to extend the inquiry, 
 authority must be obtained from the house in the shaj^e 
 of a special instruction. Such an instruction may extend 
 or limit an inquiry, as the house may deem expedient.^ 
 Sometimes when a committee requires special information 
 it will report to the house a request for the necessary papers 
 which will be referred to it forthwith.' The committee 
 '•an obtain directly from the officers of a department such 
 papers as the house itself may order; but in case the 
 papers can be brought down only by address, it is neces- 
 "^ary to make a motion on the subject in the house through 
 the chairman. When the papers have been received by 
 the house, they will be at once referred to the committee. 
 Orders in council are asked for in this way." It is frequently 
 found necessary to discharge the order for a committee and 
 appoint another with a different order of reference.*^ 
 
 1 May, 446. Pari. Eeg. (22), 258 ; 190 E. Hans. (D), 1SG9. 
 
 - Cnshin<r, p. 741. 12 Pari. Pvcg. 382. 
 
 •' 190 E. Hans. (3), 18G9. 
 
 ♦ 101 E. Com. J. 036 ; 105 Ih. 497 ; 121 Ih. 107 ; 190 E. Hans. (3), 1870. 
 Can. Com. J. (1867-8), 33, 157 ; Ih. (1870), 116 ; lb. (1871), 34 ; Ih. (1873)^ 
 186. 
 
 ^ Can. Com. J. (1875), 176 (public accounts). See remarks of Sir -\. 
 MacNab, Leg. Ass., June 7th, 1856 {Globe report). 
 
 •* Can. Com. J, (1883), 90-92, 95. Previous to tliis year the correct prac- 
 tice was not generally followed. 
 
 ' Conventual establishments, 18th May, 1854. This case " present* 
 
446 
 
 COMMITTEES. 
 
 VI. Reports of Committees.— When a ooininittee has g-oiic 
 through the business referred to it, the duty of preparing- 
 a report is devolved upon one of the mem])ers, usually the 
 chairman, by whom it is prepared accordingly, and sub- 
 mitted to the committee for its consideration. The report 
 of a coinmitte", both in its form and as to its substance, 
 ought to correspond with the authority of the committee.' 
 As a rule, draft reports should be submitted like resolutions 
 in the house itself, and amendments proposed thereto iu 
 the ordinary mode." If the business of a committee 
 involves an inquiry of fact, it should report the facts, or 
 the evidence ; if the opinion of the committee is required 
 it should be expressed in the form of resolutions.' Very 
 frequently when a number of questions are before a 
 committee, resolutions relative to each are proposed sepa- 
 rately, and amendments submitted, and when a decision 
 has been arrived at, the report is adopted and ordered to 
 be reported to the house with the minutes of evidence 
 and proceedings.' Sometimes the minutes of evidence and 
 proceedings are simply reported to the house, without any 
 observations or opinions on the part of the committee.' It 
 must, however, always be remembered that the report 
 submitted to the house is that of the majority of the com- 
 mittee. No signatures should be affixed to a report for the 
 purpose of showing any division of opinion in the com- 
 mittee ; nor can it be accompanied by any counter-state- 
 ment or protest from the minority,*^ as such a report is as 
 unknown to Canadian as to English practice. When the 
 
 examples of every conceivable obstacle that can be opposed to the nomi- 
 nation of a committee after its appointment ;" May, 456. Also, con- 
 ventual and monastic institutions, 1870. 
 
 1 60 Pari. Reg. 391, 395, 396. 
 
 2 May, 407. 
 
 '^ 12 E. Com. J. 687. 
 
 * Can. Com. J. 1870, public accounts, App. No. 2, pp. 12-32 ; Ih. 1874, 
 App. No. 9, p. 144 ; Ih. 1878, App. No. 1, p. 50. 
 
 ^ Ih. 1870, 4th R. of pubhc accounts ; Ih. 1878, 3rd R., App. No. 1. 
 
 * Palgrave, Chairman's Handbook, 83. 
 
SUB-COMMITTEES. 447 
 
 . liairman signs a report it is only by way ol' authenti- 
 cation. In 1870, a report of a dissenting member was 
 brought in and appeared in the votes, but attention hav- 
 ing been called to the irregularity of the proceeding, this 
 minority report was ordered not to be entered on the jour- 
 nals/ The rule with respect to such matters, however, 
 has been more than once practic^ally evaded by permitting 
 a minority report to appear in the appendix to the report 
 of the committee.' 
 
 It has also been customary to report the proceedings 
 of sub-committees to the house. The practice of re- 
 ferring matters to a sub-committee who report thereon 
 to the committee has largely obtained for years in 
 the Canadian Parliament, and has frequently been found 
 very convenient in cases demanding special inquiry and 
 investigation, which could not be as well done by the 
 larger body. The sub-committee, however, cannot report 
 directly to the house, but only to the committee from 
 which it obtains its authority, and it is for the latter to 
 order as it may think proper with respect to the report of 
 this sub-committee.' Such a report has sometim.es been 
 submitted to the house by the committee as its own report.^ 
 These sub-committees have undoubtedly been found ex- 
 ceedingly useful in the consideration of private bills. It 
 is now a common practice of the large committees — the 
 committee on railways, canals and telegraph lines for 
 instance, — to refer certain bills to a few members who have 
 special qualifications for this duty, and are better able 
 to study and perfect the various details of the measures. 
 In this way there is a practical approach to the small select 
 
 ^ River Trent Navigation and Canal Works, Votes, pp. 511-12. By some 
 error of a clerk this minority report nevertheless appears in tlie journals. 
 
 ^ Can. Com, J. 1874, public accounts, App. No. 9, p. 144. See debate in 
 the legislative assembly, .June 7th, 1856 {Glob<). 
 
 ^ Can. Com. J. 1880, App. No. 2, R. on printing ; Sen. J. App. No. 1. 
 
 * Can. Com. J. 1875, public accounts 4th R., App. No. 2, p. 27 ; lb- 1878, 
 printing, 7th R., App. No. 3 ; lb. 1882, public accounts, 2nd R., App. No. 1. 
 
448 
 
 COMMITTEES. 
 
 committeos, to which, in the En^-lish House of Commons^, 
 the dillerent t lassr.s of privtit(^ bills are ulwiiys referred.' 
 
 If ther<' is a division of oi)inion as to the report first 
 submitted for consideration, another report may be pro- 
 posed by \vay of amendment, and the sense of the com- 
 mittee taken thereon.- If a committee, being ecpially 
 divided in opinion, iinds itself unable to determine the 
 matter referred to it, it may send the matter back for the 
 determination of the house.' The report of a committee 
 is, of courst', supposed to be prepared and drawn up by 
 the committee or some of its members, and not by any 
 other person ; but whether it is so or not is entirely imma- 
 terial, provided the report receives the sanction of the 
 committee, and is pres«^nted by its order, and it is aloue 
 held responsible for it by the house.' Every report must 
 be regularly signed by the chairman.' In regard to 
 clerical form — a matter by no means unimportant — 
 a report should be clearly and legibly written with 
 ink and not in pen(^il, and w^ithout any material erasures 
 or interlineations. If presented in a foul state, the house 
 will order it to be re-committed or withdrawn, in order that 
 it maybe w^ritten out in a proper manner.' 
 
 Until a committee report, it is irregular to refer to its 
 proceedings in debate in the house. For instance, in th«> 
 session of 1873, Mr. Huntington v^as proceeding to refer 
 to certain papers and letters relative to an important mat- 
 ter under the consideration of a select committee ; but the 
 speaker decided in accordance with English precedents 
 
 ' Can. Hans. (1883), 37 (Sir John ]\Iacdonald). 
 
 ■^ Sen. J. (1875), 220 ; Can. Com. J. 1877, public accounts, App. No. 2, 
 l)p. 6-30 ; lb. 187S, public accounts, App. No. 1, pp. 48-50. 
 
 •' 4 Hatsell, 192, n. 
 * 22 E. Hans. (3), 712. 
 
 ^ Can. Com. J. (1878), App. 1 to 5. Sen. J. (1878), 271 ; App. No. 4, c^c 
 " 17 E. Hans. (1), 1-10. Such a difticulty has never arisen in the Cana- 
 dian houses, as the clerk of the committee writes out the report legibly. 
 
HKPonrs. 440 
 
 (hat thoy roiild not bo road in tho housoJ Noithor can a 
 committeo report tho ovidonoo takon boforo a simihir com- 
 mittoo in a previous session, oxeopt as a paper in tho 
 appendix, unless it receives authority from tho house to 
 .onsider it." To phxoe a committee in possession of all in- 
 I'ormation necessary for inquiry, the house will order that 
 reports and papers of a previous session l)e referred to tho 
 ( ommittee.' It is a breach of privileire to publish th<' 
 proceedincTS of a committee before they are formally re- 
 ported to tho house. ' If the evidence taken by a commit- 
 tee has not been reported to the house, it may be ordered 
 to be laid before it.'' As soon as the evidence is before 
 the house it may be debated at length, but members will 
 not be permitted to discuss the conduct or language of 
 members on the committee, except so far as it appears on 
 the record.'' 
 
 It is not unusual for a select committee to report to the 
 house certain papers which are necessary for the informa- 
 tion of members on public questions. A member w^ho 
 wishes to obtain such information will take steps to have 
 a motion proposed in the committee to lay the papers 
 before the house.'^ Whenever evidence is taken before a 
 committee it should be reported in the shape of an appen- 
 dix to the report."* All reports of committees of the house 
 appear in the appendices to the journals ; but if it is 
 
 ' Can. Com. J. (1S73), 349 (Pacific railwaj- inquiry). See 159 E. Hans. 
 (3), 814 ; 223 lb. 789, 793, 1134 ; 189 lb. 604. 
 
 - Can. Com. J. (1874), 282 (Agricultural Com.) Here the committee 
 embodied in its report the substance of the information obtained in u 
 previous session. 
 
 •' 107 E. Com. J. 177 ; 129 lb. 129, 237. Sen. J. (1878) 59. 
 
 ' Can. Hans. (1875), 8G4 ; Sen. Deb. (1873), Gl ; supra, p. 193. 
 
 ^ 105 E. Com. J. G37, &c. 
 
 •^ Can. Hans. 1878, April 29th, debate on contracts. 
 
 ' Can. Com. J. 1877, first and second Rep. of Public Accounts Com., 
 App. No. 2. 
 
 " Reports on salt interests and depression in trade, App. Nos. 2 and 3, 
 1876 ; public accounts, App. No. 1, 1878. 
 
 29 
 
450 
 
 COMMITTEES. 
 
 wished to print tln'in for (lisiri})utioii, the matter must Ijc 
 brought lielbre the <ommittee on printing, and on its r«- 
 l>ort it will be ko ordered.' Sometimes the printing com- 
 mittee will recommend the printing of the report alone, 
 or of the ri^port and part of the e\'idence.' 
 
 Though it is the prac;tice, whenever necessary, to report 
 the minutes of proceedings of the select committees of the 
 House of Commons, it seems that the same usage does noi 
 obtain in the Senate. In the ease of a bill respecting the 
 Grrand Trunk liailway, reported in 1883 from the commit- 
 tee on railways, canals and har})ours, some of the mem- 
 bers of the committee requested the chairman to submit 
 the minutes of proceedings to the house. No such course. 
 how^ever, was taken, as there was no special motion made 
 in the committee, and the chairman, on inquiry, found 
 that it had been the practice of the sessional committees 
 on private bills to report not their minutes of proceedings 
 in full, but only the general results arrived at, though it 
 was admitted a different practice prevailed with respect 
 to divorce bills, and certain matters referred to select or 
 special committees,' in which cases evidence was taken 
 and facts brought out that it was advisable to lay before 
 the house. The difficulty in the case in question appears 
 to have been the absence of a motion regularly proposed 
 and put in the committee. As c^learly stated by one of the 
 members at the time of the discussion in the Senate, if it 
 was considered desirable on any occasion to depart from 
 the general practice of the house, it could be done in two 
 ways : First, by instruction to the committee from the 
 Senate ; and secondly by the action of the committee 
 
 1 Can. Com. J. (1870), Com. on salt interests, 282, 290. 
 
 ^ Agricultural Com, (187(5), 290. The report of the committee relative to 
 Judge Loranger was omitted in the appendix of 1877 through a misappre- 
 hension of the report of the printing committee, Jour. p. 141. In the 
 session of 1809 a report relative to Judge Lafontaine was omitted on the 
 report of the committee ; 1809, p. 272 and App. No. 5. 
 
 '' Sen. J. (1875), 219 (Palen contract) ; lb. (1878), 254 (Pacific E. K.) 
 
rnESESTArios of hkports. 451 
 
 jts<'lF.' The nilos ol' tln' Iloiist" ol' Lords i)rovide for the 
 rt'port oi' iiiiuutes ol' proccodings.-' 
 
 VII. Presentation of Reports.— W'l km i ;i report of a seloct 
 ' oiumittee is ready to })o siil)mitt('d to the Si'iiate, tli« 
 . hairmaii presents it from his phice, and in ease of bills 
 being amended in committee " he is to ex[)lain to the 
 Senate the elfect of eaeh amendment."' It was formerly 
 the praetit'e for other members of the committee to stand 
 np when the chairman presented his report;' but when 
 the rules were revised in 1870 the practit-e was discon- 
 tinued. It is usual for the chairman to move, after he has 
 presented his report, that it be taken into consideration on 
 u future day,"^ on the orders of which it will accordingly 
 appear." "When the order is ri^ached the report is con. 
 sidered, and the report may be taken \\n paragraph by 
 paragraph, if it contains several recommendations, and 
 each separately concurred in, negatived, or amended,^ 
 
 Rule 80 of the House of Commons provides : 
 
 "Eo2)ort.s fi'om standing and select committees may be made 
 by members standing in their places, without proceeding to the 
 'oar of the house." 
 
 When the speaker has called for reports of committees, 
 during the progress of routine business (R. 19), the chair- 
 man, or, in his absence, a member of the committee, w^ill 
 rise in his place and having briefly stated the nature of 
 the report will send it to the table, where it is read by 
 one of the assistant clerks. If it is long, the house gene- 
 rally dispenses with the reading, as all reports are printed 
 
 ' Sen. Hans. (1883), 474-82 (remarks of Senators Miller and Vidal). 
 ^ Supra, p. 440. 
 •' R. 97. 
 
 * No. 94 in rules of 1867-8 ; Deb. (1874), 140-1. 
 
 = Sen. J. (1867-8), 131 ; lb. (1878), 211 ; lb. (1882), 45 ; Min. of P. (1882) 
 Feb. 23rd. 
 « Min. of P. (1867-8), 161. 
 " Sen. J. (1867-8), 93. 
 
452 
 
 L'Oy{MlTTEES. 
 
 ill the votes and proceedings, or in other convenient form 
 for the information of members, as soon as they are laid 
 before the house.' The reports should be in English and 
 French, like all other proceeding's of the two houses.' A 
 member will not be permitted, fn pr<\senting a report, lo 
 make a,ny remarks on the subject-matter ; he can only 
 properly do so on a motion in reference to the report.' 
 
 Vin. Concurrence in Reports.— It is the pra(3tice to move con- 
 currence in the reports of committees in certain cases. 
 For instance the reports on printing are invariably agreed 
 to, as they contain recommendations for the printing and 
 distribution of documents, which must be duly authorized 
 by the house/ Also, reports containing certain opinions 
 or resolutions are frequently concurred in on motion. 
 But when the report does not contain any resolution or 
 other propositions, for the consideration of the house, it 
 does not appear that any further proceedings with refer- 
 ence to it, as a report, are necessary. It remains in the 
 possession and on the journals of the house as a basis or 
 ground for such further proceedings, as may be proper or 
 necessary. Every session, select committees make reports 
 of this description, containing a statement of the facts, or 
 of the evidence on the subject of inquiry ; but as they do 
 not contain any projiosition which can be agreed to by 
 the house, they are simply printed for the information of 
 members.^ 
 
 Many motions for concurrence in reports of select com- 
 m.ittees are brought up without notice and allowed to pass 
 
 ^ v. & P. 1877 and 1878. Reports on immigration and colonization. 
 
 - This question was raised in the Senate in 1807-8, and the speaker de. 
 cided that the reports slionld be in the two languages ; Sen. J. p. 224. 
 
 •* Can. Hans. 1878, April 20, Pub' Vccounts Rep. 
 
 * Printing R., 1878 pp. Jour. 88, 2-:., 255, &c. 
 
 ' Can. Com. J. [1869], 204 ; Ih. 1877; public ace, secret service fund, pi'- 
 256, 264. 
 
 ® E«p. of Com. on salt interests and finaucial depression in 1876 ; public 
 accounts, coal trade, civil service in 1877. 
 
COycrRRESCK JX HE PORT. 453 
 
 by unanimous consent.' But in all cases ohj\'ction may be 
 taken, and it is the regular course to give notice/' This 
 is always consequently done when there is an objection 
 taken by one or more members to the adoption of a report, 
 and a debate is likely to arise on its subject-matter.^ The 
 reports of the committees relative to private bills are not 
 concurred in as they are reg-ulated by special standing 
 orders. Sometimes, however, when one of these commit- 
 tees has made a special recommendation requiring the 
 authority of the house to give it etiect, the concurrence of 
 the house will be formally asked and given.' It is allow- 
 able to move an amendment, to add words as a condition 
 to a motion for concurrence in a report.^ 
 
 A report may be referred back to a committee for fur- 
 ther consideration," or with instructions to amend the same 
 in any respect." In this way a committee may regularly 
 reconsider and even reverse a decision it had previously 
 arrived at. As the rules of the house govern the procedure 
 of committees generally, a committee cannot renew a ques- 
 tion on which its judgment has been already expressed.^ 
 For instance, we recognise the operation of this rule in the 
 
 ' Can. Com. J. [1877] 50, 100, &c. lb. [1S7S] 88, 22<i, <S:c. 
 
 •^ Can. Jour. [1880], 304. 
 
 ^ V. & P. 1869 ; () Rep. of printing com., reoonmiending acceiitance of cer- 
 tain tenders. ^Ir. Mackenzie gave notice of motion for its adoption on 
 same day it was presented [p. 102]. Huron and Ontario sliip canal 
 [pp. 227-231]; railways, canals and telegraphs, 3 K. [101, 102], 1870. 
 Printing C. 4 E., respecting form of Votes and T. [104, 219.] 
 
 *Can. Com. J. [1809]. Railways, canals, and telegraph lines, 4 Rep. 174. 
 This report recommended a payment of money out of the contingent ox- 
 jK^nses of the house. 
 
 ^Can. Com. J. [1880], 372. 
 
 *= Sen. J. [1807-S], 222 ; Can. Com. J. [1883], 110, 230. 
 
 ' Sen. J. [1879] 170. In 1867-8 the printing committee to whom the 
 iiuestion of reporting the debates of the house had been referred, reported 
 that they had decided, on a division, to defer the matter till a future meet- 
 ing. It was then moved and agreed that the question be referred back 
 with instructions to present a plan of rei^rting to the house. Com. J., p. 
 00 and App. No. 2- 
 
 ^Swprap. 339. 
 
454 
 
 COMMITTEES. 
 
 fact that ill committee on a bill a uew clause or amend- 
 ment will not be allowed, in contravention of a previous 
 decision.' It has been ruled in the Enalish house thai 
 when a select committee has resolved that the preamble 
 of a private bill has not been proved, andordered the chair- 
 man to report, it is not competent for the committee to re- 
 consider and reverse its decision, but that the bill should 
 be re-committed for that purpose." Consequently the 
 correct procedure in all analogous cases is for the house to 
 give the committee instructions which will enable it to 
 consider the whole question again. 
 
 IX. Witnesses before Select Committees.— Many witnesses are 
 examined in the course of eveiy session before committees 
 of the Senate and House of Commons. It has already 
 been stated in the first part of this chapter thot it is usual 
 in both houses to give committees special auth rity to send 
 for witnesses or documentary evidence.' 
 
 Witnesses are summoned in the Commons by an order, 
 signed by the chairman, and they are bound to bring all 
 the papers which the committee may require ; but the 
 committee cannot order the production of documents or 
 the summoning of Avitnesses unless it has the necessary 
 authority from the house " to send for persons, papers and 
 records."' In the Senate, as in the Lords, witnesses gene- 
 rally attend on a notice from the clerk of the committee. 
 In case a witness will not attend, application must be 
 made to the house for the necessary power to compel his 
 attendance.^ 
 
 1 211 E. Hans. [3], 137. In 1(307, June 4 [1 E. Com. J. 379], it was de- 
 cided : " Every (question by voice in committee bindeth, and cannot be 
 altered by tbemselves, but by the house it may." 
 
 -' May, 862-3. 
 
 " Sen. J. (1878), 37, 59, 02-3 ; Com. J. (1878), 14. 
 
 * The Lords do not gi^■e select committees any special authority to send 
 for witnesses or documentary evidence, but witnesses generally attend on 
 a notice froni the clerk of the committee. In case a witness will not attend, 
 application must be made to the house for the necessary power ; May, 448» 
 
SEXATORS AS WITXESSES. 455 
 
 Whenever the evidence of a senator is required before a 
 committee of the Commons, it is usual for the chairman 
 to move in the house that " a message be sent to the 
 
 Senate requesting their Honours to give leave to . 
 
 one of their member^- +o attend and give evidence before 
 the select committee," etc. The Senate will consider the 
 message and give the required leave to the senator " if he 
 thinks fit," ' If the attendance of a member of the Com- 
 mons is required bc^fore a committei^ of the Senate, the 
 same procedure will be followed." In case the attendance 
 of an officer of either house is required, a message will be 
 sent ; but in the message in reply the words, " if he thinks 
 fit" are omitted.' The Senate has the following rule on 
 this subject : 
 
 102. '' When the attendance of a senator, or of any of the 
 officers, clerks, or servants of the Senate is desired, to be ex:?- 
 mined by the Commons, or to appear before any committee 
 thereof, a message is sent by the Commons to request that the 
 Senate will give leave to such senator, officer, clerk, or servant 
 to attend ; and if the Senate doth grant leave to such senator, he 
 may go if he think fit ; but it is not optional for such officer, 
 clerk, or servant to refuse. And without such leave, no senator, 
 officei", clerk, or servant of the Senate shall, on any account, 
 either go dcwn to the House of Commons, or send his answer in 
 writing, or appear by counsel to answer any accusation there, 
 upon penalty of being committed to the Black Eod, or to prison, 
 during the pleasure of the Senate.'"^ 
 
 In case the evidence of a member of the Commons is 
 required before a committee of that house, it is customary 
 for the chairman to request him to come, and not to 
 address or summon him in the ordinary form. Two reso- 
 
 ' Com. J. (1877). 142, 178, 234 ; Sen. .1. (1877), 12<), 1G3. 
 
 - 132 E. Com. J. 99, 201, &c. 
 
 ^ 103 i;. Com. J. 6.58 ; 113 Ih. 255. 
 
 * Sen. Hans. (1883), 158. Attention was called on this occasion to the 
 rule by Senator ^Miller. 
 
456 
 
 CO. VMrJTJ'JES. 
 
 lutioiis of the English house lay down the following rules 
 on this point : 
 
 " That if any member of the house refuse, upon being sent to, 
 to come to give evidence or information as a witness to a com- 
 mittee, the committee ought to acquaint the house therewith, 
 and not summon such member to attend the committee. 
 
 " That if any information come before any committee that 
 chargeth any member of the house, the committee ought only to 
 direct that the house be acquainted with the matter of such in- 
 formation without proceednig further thereupon," ' 
 
 If a witness should refuse to appear on receiving the 
 order of the chairman, his conduct will be reported to the 
 house, and an order immediately made for his attendance 
 at the bar, or before the committee.- If he should still 
 refuse to obey, " he may be ordered to be sent for in cus- 
 tody of the serjeant-at-arms, and the speaker be ordered to 
 issue his warrant accordingly, or he may be declared 
 guilty of a breach of privilege, and ordered to be taken 
 into the custody of the serjeaiit."' 
 
 Towards ihe close of the session of 1878, in the Cana- 
 dian House of Commons, a Mr. Sutherland, residing in 
 Manitoba, disobeyed the order of the chairman of the com- 
 mittee of public accounts for his attendance. The com- 
 mittee thereupon unanimously reported the circumstances 
 to the house, with the view that it should at the next 
 session deal with, the matter, if it should so deem advis- 
 able ; but no further steps were ever taken in this case.^ 
 
 ' 16th INIarch, 1()8S ; 3Iay, 474. I'or cases of the house ordering the 
 attendance of its n.. nxbers before a committee, see 19 PI Com. J. 403 ; 97 
 I b. 438, 4.53, 458. May says there has been no instance of a member 
 persisting in a refusal to give evidence ; but a member has been com- 
 mitted to the custody of the Serjeant that he might be brought before a 
 committee. 21 lo. 851, 852. 
 
 - 91 E. Com. J. 352 ; 112 lb. 2(i3 ; 121 1 b. 3o5 ; 131 lb. 95. 
 
 ' May, chap. 15. 95 E. Com. J. 59 ; 106 lb. 48,150. Mirror of P. (1840), 720. 
 
 * PubUc accounts, 2 R, p. 218 ; App. No. 1, p. 100. 
 
j':xA}fiXATiox OF witM':s,sj:s. 
 
 4.3" 
 
 The practice of the Senate and House of Commons' with 
 respect to enterini^- the name of the member asking ques- 
 tions of a witness is in accordance with the following- 
 order of the English house, though the practice is not 
 strictly followed in the upper house :" 
 
 "That to every question asked of a witness under examination 
 in the proceedings of any select committee there be affixed in the 
 minutes of evidence the name of the lord (or member) asking 
 such question."' 
 
 "When the evidence has been taken down in long or short 
 hand, it must be read by the witness, but he is then per- 
 mitted to make verbal alterations only. Should he wish to 
 make any material corrections he must be re-examined 
 before the (committee. The alterations must be in his own 
 handwriting, or made by another person at his own dic- 
 tation.^ The committee clerk has i-harge of all the evi- 
 dence and papers before the committee. If it is found 
 desirable to pjint the evidence before a committee, the 
 chairman may make a motion on the subject in the house, 
 which motion must go under rule 94 to the committee 
 on printing.' 
 
 X. Payment of Witnesses.— By a rule common to the Senate 
 and Commons,'' the clerk of either house is instructed 
 to pay every witness summoned to appear before a com- 
 mittee a reasonable sum for his attendance (to be deter- 
 mined in the Commons by the speaker), and also for 
 travelling expenses, upon the certificate or order of the 
 chairman of the committee ; but no witness shall be so 
 
 ^ Com. on financial depression, 187G, App. No. :), fan. Com. J- ; Com. 
 on immigration, 1S7S, App. No, 2, Can. Com. J. 
 
 ^ Divorce trial, 1876, Apj). No. 1 ; Canadian Pacific R. 11., App. No- 4 ; 
 Fort Francis Lock Com., App. No. 5, 1878. 
 
 3 Lords' J., 25tli June, 18.32 ; Com. S. O. xxxi. 
 
 * May, 405. 12 K. Hans. (1), .-)l--> ; Cashing, pp. 301-2. 
 
 ° Can. Com. J. (1877), 132, 141 ; Can. Hans. (1877) 685. Supra, p.. 290 
 
 « Sen. E. 90 ; Com. R. 81. 
 
458 
 
 COMMITTEES. 
 
 snmmoiH.'d and paid unless a certificate shall have be«'ii 
 first filed with the chairman of the committee by a mem- 
 ber thereof (or of the Senate), stating that the evidence of 
 such witness is, in his opinion, material and important ; 
 and no witness residing at the seat of government shall Ix' 
 paid for his attendance.' Under this rule it is the practice 
 to pay witnesses their travelling and hotel expenses, but 
 nothino; is necessarilv allowed for loss of time, even in the 
 case of professional men. Printed forms are provided 
 under the rule and certified by the clerk before payment 
 is made by the accountant. No witness who comes as a 
 witness at the solicitation of parties interested in a private 
 bill is paid by the house. The rule only applies to those 
 persons who are present in cases of public inquiry. 
 
 XI. Examination of Witnesses under Oath.— It is only within 
 a very recent x)eriod that the House of Commons has 
 enjoyed the right of administering oaths to witnesses. 
 Indeed it was not until lo71 that an act w^as passed in the 
 English Parliament- giving the same power to the Com- 
 mons that had been exercisc^d by the Lords for centuries. 
 Prior to the confederation of the British North American 
 provinces, the committees of neither branch of the Legis- 
 lature had the power to examine witnesses on oath, several 
 attempts to pass such a law having failed ; but in the 
 session of 1867-8 an act was passed empow^ering the com- 
 mittee on any private bill, in either house of Parliament, 
 to examine witnesses upon oath, to be administered by 
 the chairman or any member of the committee.' The 
 same act gave the power to the Senate of administering 
 oaths to witnesses at the bar. 
 
 ^ The exixjnsos of select committees, in some years, have been very 
 large. By a return laid on the table in 1878 (Sess. P. 34), it appears the 
 total expenses were in 1874 — $(),757 ; and in 1877 — $0,425. 
 
 - Imp. Stat. 34 & oo Vict. c. S3. 
 
 3 May, 481. 
 
 * Todd's private bill practice, 08-9. ^ 31 Vict. c. 24, Dom. Stat. 
 
WITNESSES UNDER OATH. 4ol» 
 
 In 1873 a very important commit too was appointod to 
 inquire into certain matters connected with the contem- 
 plated construction of the Canada Paciiic Railway ; and it 
 was felt very desirable that all th(? witnesses should he 
 examined on oath hefore that committee. Th(^ committee 
 made a report representin;^ that "in their opinion, it was 
 advisable to introduce a bill into the house.'" i^ivinj^ the 
 necessary authority ; and this course was subsequently 
 followed.' In the meantime the Commons instructed the 
 committee to examine witnesses on oath, in view of the 
 passage of the bill.- Doubts were expressc^d in both 
 houses as to the competency of the Canadian Parliament 
 to pass such a bill at that time, ' and these doubts were 
 verified by subsequent events. 
 
 The law officers of the Crown in England, to whom thi^* 
 act of 1873 was referred, reported that it was vltra vires of 
 the colonial legislature " as being contrary to the express 
 terms of section 18 of the British North America Act, 1807, 
 and that the Canadian Pari lament could not vest in them- 
 selves the power to administer oaths, that being a power 
 which the House of Commons did not possess in 1807, 
 when the Imperial Act was passed."' The act of 1873 was 
 accordingly disallowed, and the doubts expressed by emi- 
 nent Canadian authorities were fully verified.' In the same 
 despatch, it was declared that the first section of the act of 
 1868, (chap. 24) w^hich gave power to the Senate to examine 
 witnesses on oath at their bar, was also beyond the 
 
 1 Can. Com. J. [1873], 160. Dom. Stat. .% Viet. c. 1. Another bill on 
 the same subject had le^n previously introdui^ed by Mr. rournier, (subse- 
 quently minister of JBS<^ice,) but it Avas not i)rocoe(le.d with. 
 
 ^ Can. Com. J. [1873] ^07. No v, itnesses were examined for the reasons 
 given farther on in the text. 
 
 3 Com. Deb. [1873], S8; S(*n. Deb. p. 142. See Lord Dufferin's despatch 
 to the Colonial Secrevary, Can. Com. J. 1873, Oct. sess., p. 5. In this docu- 
 ment the whole matter is explained with great clearness. 
 
 * Can. Com. J, 1873, Oct. sees., p. 10. See supra^ p. 187, for s. 18 of 
 B. N. A. Act, 1867. 
 
 •* Despatch of Lord Kimberley, /6. p. 11. 
 
400 COMMITTEES. 
 
 comiicteiice ol' thf rtirliamoiit ol' Canada at the timo it 
 passed ; " and that though that act had not been disallowed, 
 it was void and inoperative as being repugnant to the pro- 
 visions of the British North America Act, and could not be 
 legally proceeded upon." 
 
 As regards, however, the i>owers given by the act oi' 
 1868 to select committees upon private bills, they appeared 
 to the law officers to be unobjectionable, as like powers 
 had, before the passing of the B. N. A. Act, been given to 
 the House of Commons by 21 and 22 Vict., c. Y8. 
 
 In accordance with the request of the government of 
 Canada, made sometime' in 1875, the British ministry took 
 steps to obtain the passage through Parliament of " An 
 act to remove certain doubts with respect to the powers of 
 the I'arliament of Canada under section 18 of the British 
 North America Act, 1867." This act provides that any act 
 of the Canadian Parliament defining the privileges, immu- 
 nities and powers of the Senate, and House of Commons, 
 shall not confer any powers exceeding those at the passing 
 ■of such act held and enjoyed by the Commons of England. 
 The second section also provides that the act passed in 
 1868, (chapter 24), '' shall be deemed to be valid, and to 
 have been valid as from the date at which the royal assent 
 was given thereto by the governor-general of the dominion 
 of Canada. "- 
 
 In the session of 1876 a bill was passed through the 
 Parliament of Canada giving the necessary powders to the 
 two houses. The first section i:)rovides : 
 
 " Whenever any witness or witnesses is or are to be examined 
 by any committee of the Senate or H(juse of Commons, and the 
 Senate or House of Commons shall have resolved tliat it is desira- 
 ble that such witness or witnesses shall be examined on oath, such 
 "witness or witnesses shall be examined upon oath, or affirmation 
 Avhere affirmation is allowed by law." ^ 
 
 1 Can. Com. J. [1876], 120 ; Sess. P. No. 45. 
 
 2 " The Parliament of Canada Act, 1875 " ; 38-39 Vict. c. 38. See App. 
 to this work. 
 
 * Dom. Stat. 39 Yict. c. 7. 
 
WITNESSES UXDKR OATIL 
 
 4i)l 
 
 The oath or affirmation is administ«>ro(l l)y the <hairmaii 
 or any membor of the committee. Any witness cfivinj? 
 false evidence is subject to all the pains and penalties of 
 perjury, as fixed by the criminal law. 
 
 Since 1876, a large numb«'r of witnesses have be«'n 
 examined under this statute. The chairman of tht» com- 
 mittee or other member will q-enerally move in the House 
 of Commons or in the Senate for the requisit<> authority in 
 these words : " That it is desira])le (the language of the 
 statute) that any witness to be examined by the committee 
 should be examined on oath or affirmation, where aihrma- 
 tion is allowed bylaw.'" In the Senate it is also the prac- 
 tice to ask the necessary jiower from the house in the order 
 appointing the committee." A joint committee also obtained 
 the same power in 1880 ; and each house on that occasion 
 passed a resolution in accordance with the report recom- 
 mending an examination under oath.' 
 
 79. 
 
 1 Can. Com. J. [1877], 118, 2o5, 314, 335 ; 76. [1878], 1.53; Sen. J. [1880,1 
 
 '' Sen. J. (1877), 207, 216 ; lb. (1878), 50, 03; lb. (1879) 108. 
 ^ Sen. J. (1880), 79; Com. J. Ill, 120. 
 
CHAPTER XVII. 
 
 COMMITTEKS OF SUPPLY AND WAYS AND MEANS. 
 
 I. Grants of im])li<' money. — II. Motlo of eignifyinj^ the recommondation 
 of tlic Crown. — III. Consent of the Crown oxplainod. — IV. Connnittooa 
 of sni)i»l y, and ways and means. — V. Procoduro before goinji^ into sui)i)ly. 
 — VI. House in committee of supply. — VII. The l)ud<j:ot si)oecli. 
 — VIII. Ways and moans ; imiKjsition ttf taxes. — IX. Reports of 
 eommit'tees of supply, and ways and means. — X. Tax bills. — XI. 
 Approjtriation or supply bill. — XII. The bill in tlio Senate. — 
 XIII. The royal assent. — XIV. Address for a grant of money. — XV. 
 Audit of ajjpropriation accounts. 
 
 I. Grants of Public Money.— The practice of the House of 
 Commons of Canada with respect to the expenditure of 
 public money and the imposition of burthens upon the 
 people is strictly in conformity with the practice of its 
 English prototype. All the checks and guards which the 
 wisdom of English parliamentarians has imposed in the 
 course of centuries upon public expenditures now exist in 
 their full force in the Parliament of the dominion. The 
 cardinal principle which underlies all parliamentary rules 
 and constitutional provisions with respect to money 
 grants and public taxes is this — whenever burthens are 
 imposed on the people, to give every opportunity for free 
 and frequent discussion, so that Parliament may not, by 
 sudden and hasty votes, incur any expenses, or be induced 
 to approve of measures, w^hich may entail heavy and 
 lasting burthens upon the country. Hence it is wisely 
 ordered that " the Crown must first come down with a 
 recommendation whenever the government finds it 
 necessary to incur a public expenditure, and that there 
 
nECO}nrr:xf)ATiox or the (!<)Vi:itKOR-r,Eyi:n.\L. 4Ga 
 
 should ])(' lull consideration of tho mat lei in «oinmittot» 
 and in the house, so that no member may be Ibrcod to 
 <ome to a hasty decision, but that i'very one may have 
 abundant opportunities a Horded him of statini»: his rea- 
 sons for support in![»' or opi)osing; the proposed t^'rant.'' ^ 
 
 In the old leo'islalures of Canada, previous to 1840, all 
 iipplicatioiis for })ecuniary assistance were addressed 
 (lireetly to the house of assembly, and every uovernor, 
 especially Ijord Sydenham," has given his testimony as to 
 the injurious elfi'cts of the system. The Union Act of 
 1840 placed the initiation of money votes in the Crown, 
 and this wise practiee was always strictly followed, up to 
 1867, when thenew^ constitution came into force. By the 
 r)4th section of the British North America Act, 1867 — 
 which is copied from the clause in the act of 1840' — it 
 is expressly declared : 
 
 " It shall not be lawful for the House of Commonj^ to adopt or 
 pass any vote, resolution, address, or hill for the appropriation of 
 tmy part of the public revenue, or of any tax or impost, to any 
 purjiose that has not been first recommended by a message of the 
 governor-general in the session in which such vote, resolution, 
 address, or bill is proposed."' 
 
 The standing orders of the English Commons go still 
 further than the foregoing provision, for they also exclude 
 the reception of petitions for " any sum relating to public 
 service." ^ 
 
 1 3 Hatsell, 17G, 182. 
 
 - " One of the greatest advantages of the union will bo that it will be pos- 
 sible to introduce a now system of legislation, and, alwve all, a restriction 
 upon the initiation "of money votes." Scrope's Life of Lord Sydenham, 
 p. 165. Also, remarks of Mr. Gladstone, infra, p. 405 n. Lord Durham's 
 k, 109. 
 
 ^ See supra, p. 28. 
 
 * Can. Hans. (1878), 2157; in this case the meaning of the section was 
 clearly explained by Mr. Si:>eaker Anglin. 
 
 ^ S. O. 20th March, 1866 ; supra, p. 266. See also Mirror of P., 1857, June 
 15, p. 1888 ; 182 E. Hans. (3), 591-603, where present S. 0. of English house 
 <are fully discussed. 
 
464 SUPPLY AND WAYS AND }fEAXS. 
 
 The constitutional provision which regulates the pro- 
 •"edure of the Canadian House of Commons in this respe( t 
 applies not only to motions directly proposing a grant of 
 public money, but also to those which involve such a 
 grant. The Canadian Commons indeed obserA*e the rule 
 respecting such motions with V(;ry great strictness. A 
 member who has not received the permission of the 
 Crown has not been allowed to move the house into 
 Committee on a resolution providing for the purchase and 
 exportation by the government of certain depreciated 
 silver coinage then in circulation.' In 1871 it was pro- 
 posed to go into committee on an address to the queen 
 for a change in the Union Act so as to assign the debt of 
 old Canada to the Dominion entirely, and to compensate 
 iSTova Scotia and New Brunswick in connection therewith ; 
 the speaker decided that it was just as necessary to inter- 
 pose the check of a message before adopting an address 
 which may be followed by legislation imposing public 
 burthens, as in the case of a bill or motion within the 
 direct control of the Canadian Parliament.- 
 
 No cases can be found of any private member in the 
 Canadian Commons receiving the authority of the Crown, 
 throujyh a minister, to propose a motion involving th»' 
 expenditure of public money. No principle is better 
 understood than the constitutional obligation that rests 
 upon the executive government, of alone initiating 
 measures imposing charges upon the public exchequer. 
 On one occasion, in th' English Commons, the consent of 
 the Crown was given to certain formal resolutions pro- 
 posed by a private m iber with reference to charges in 
 courts of law to be d« ayed out of the consolidated fund. 
 It was thought, however, that any resolution placing a 
 charge on the consolidated fund should be moved by a 
 minister of the Crown, and should not proceed from the 
 
 ' Mr. Speaker Cockburn, 26th of May, 1869. Can. Speakers' D. No. IS'J 
 '' Ibid. No. 181, Can. Com. J. [1871], 50. See also lb. pp. 62 and 72. 
 
RESOLUTIONS IX COMMITTEE OF THE WHOLE. 4»)5 
 
 opposition ; and the more rci^'nlar procoduro was there- 
 upon carried out. It was distinctly allirmed, however, 
 that the member who proposed the motion involving the 
 charge was within his right when he had the sanction of 
 the Crown, but it was generally admitted at the same 
 time that it was better, as a matter of policy, that the 
 proposition should emanate from a responsible adviser of 
 the sovereign/ 
 
 Another chc^-k is imposed on the expenditure of public 
 monev bv rule 88 of the Commons, which is as follows : 
 
 *• If any motion be made in the house for any public aid ci* 
 charge upon the people, the consideration and debate thereof may 
 not be presently entered upon, but shall be adjourned until such 
 further day as the house shall tliink tit to appoint ; and then it 
 shall be referred to a committee of the whole house, before any 
 resolution or vote of the house do pass thereon." - 
 
 This is substantially the standing order of the English 
 Commons — the only dilTerence being that the latter is 
 somewhat more definite since it adds the words, " or charge 
 upon the public revenue, whether payable out of the con- 
 solidated fund or out of moneys to be provided by Parlia- 
 ment." •'' Another rule of the English Commons (which 
 dates back as far as 1*707) provides that " the house will 
 not proceed upon any petition, motion, or bill for granting 
 any money, or for releasing, or compounding any sum of 
 money owing to the Crown, but in a committee of the 
 whole house." ^ 
 
 ' Mr. Gladstone said on the occasion of the. adoj)tion of the present En;j:- 
 lish S. 0. in 1866 : " In Canada before the present constitution was eetalj- 
 lished, the proposals by private members to make grants of pul)lit; money 
 Ijecame so numerous and glaring that a remedy was necessary. T!ie 
 remedy was to adopt this provision — that is to say, the previous recom- 
 mendation of the Crown." 182 E. Hans. (3), 578. 
 
 ■■' Can. Com. J. and Hansard, 1878, April 24 (Mr. Sjieaker Anglin.) Tlds 
 rule was adopted in the Lower Canada Ass., 19th of April, 1793 ; Jour. p. 
 540. See Manitoba Res., Can. Com. J. (1882), 251, 424. 
 
 ■' S. 0. 20th March, 1866 ; No. Ixxii. 
 
 ' S. 0. 29th March, 1707; No. Ixxi. 
 
 30 
 
466 SUPPLY AND WAYS AND MEANS. 
 
 The i'oregoing rule of the Canadian Commons is strictly 
 observed ; ' but it was said with obvious force on one 
 occasion by Mr. Speaker Cockburn that " this rule, being- 
 self-imposed, may be enforced or relaxed, as the house 
 shall determine. But the constitutional provision, con- 
 tained in the 54th section of the Imperial Act of Union, is 
 one that, being absolutely binding, should be neither 
 extended or restrained by implication, but should at all 
 times be most carefully considered by the house." - 
 
 As an illustration of the strictness with which the house 
 .observes the jiractice of requiring much deliberation with 
 respect to any matter affecting the public exchequer, it 
 may be stated that on the 15th of April, 18t8, it went into 
 committee of the whole on a resolution x>roviding for the 
 subscription of iJ15,000 sterling of first mortgage bonds 
 of the Northern K-ailway of Canada at the rate of 00 per 
 cent, in satisfaction of the sum of c£13,500, being the 
 balance remaining due to Canada.^ 
 
 Orders in council respecting subsidies to railways, con- 
 tracts and agreements between the government and com- 
 panies or individuals for certain public services are 
 frequently laid on the table for ratification in due form by 
 the House of Commons.' When such orders and agree- 
 mients are only made in pursuance of authority given to 
 the government by Parliament, and are already provided 
 for by appropriations sanctioned by Parliament, it is not 
 necessary to go into committee on any resolution on the 
 subject.^ On the 21st of March, 18t9, numerous contracts 
 for the construction of portions of the Canada Pacific Rail- 
 w^ay, then a government work, were laid on the table. 
 No special motion was made with respect to these cou- 
 
 ' Can. Com. J. (1876), 67, 83, &c. i 6. (1878), 271. 
 2 Can. Com. J. (1871), 62, 72. 
 •' lb. (1878), 170, 178. 
 
 ^ lb. (1875), 219, Canada Central R.R.; lb. 350, Canada Pacific R.R.; 
 lb. (1878), 257-9, Moncton Gas Co.; lb. 202, 273, Canada Central R.R. 
 s Can. Hans. (1880), 782. 165 E. Hans. (3), 1819-26. 
 
EESOLUriOXS IX COMMITTEE OF THE WHOLE. 4G7 
 
 tracts. The statute uuder whicli they were bron^'ht down 
 (37 Vict., c. 14, s. 11) simply requirt'd that they should lie 
 on the table for thirty days ; if they were not moved 
 against at the end of that time, they were considered to 
 liave received the approval of the house.' 
 
 In 1873, the government was authorised to enter into 
 negotiations during the re(^ess with some reliable company 
 for the transfer to the same of some of the dominion 
 railways in Nova Scotia on certain conditions subject to 
 the approval of Parliament at the next session. This 
 resolution was adopted Avithout previous reference to a 
 committee of the whole ; " but it is to be noted that the 
 subject had been previously considered in the same ses- 
 sion on a motion for the house to ffo into committee on a 
 similar resolution.^ In the session of 1874, the house went 
 into committee and adopted certain resolutions in accor- 
 dance with the resolution of 1873 ; and a bill was sub- 
 sequently introduced and passed.' Following the pre- 
 cedent of 1873, Mr. Mackenzie, w^hen premier, proposed in 
 the session of 1878, that the house should adopt a resolu- 
 tion authorising the government to enter into an arrange- 
 ment with the G-rand Trunk Railway during the recess 
 for acquiring control of the River du Loup branch of that 
 road — any such arrangement to be subject to ratification 
 by Parliament at the next session. The propriety of the 
 procedure was called in cj^uestion. It was said in reply 
 that as the resolution was merelv " tentative," it was not 
 ]iecessary to go into committee of the whole. But Sir 
 
 ^ Can. Hans. (1879), 825. See svpra, pp. 409-10, as to laying contracts and 
 agreements before the Senate. The practice of submitting contracts for 
 the ratification of Parliament is new in this country, and in England, -svhere 
 it is now regulated by standing orders. I. Todd's Pari. Govt, in England, 
 296, 493 ; 194 E. Hans. 1287-89. 
 
 - Can. Com. J. (1873), 430. 
 
 3 lb. (1873), 224 ; Pari. Deb., 28th of April. The first motion in 1873 had 
 not been proceeded with when it was understood that the government 
 would take the question up. 
 
 * Can. Com. J. [1874] 273, 299, 300. 
 
468 SUPPLY AND WAYS AND MEANS. 
 
 John Macdouald, Mr. Ilolton, and Mr. Blake pointed out 
 the necessity of considering with the fullest deliberation 
 all propositions which may involve an appropriation of 
 the imblic moneys. Tht^ speaker ^ook a similar view, 
 though he w^as not called upon to give any decision, as 
 Mr. Mackenzie did not press the matter in the face of the 
 sentiment that prevailed in the house.' No doriot what- 
 ever exists that it is the most convenient and correct 
 practice to consider all such propositions in a committee 
 of the whole, so that th'^ house may not be surprised into 
 a hasty decision on the subject. 
 
 A practice has grown up in the house of allowing the 
 introduction of resolutions by private members, when 
 they do not directly involve the expenditure of publii 
 money, but simply express an abstract opinion on a mat- 
 ter which may necessitate a future grant." As this is a 
 question not always understood, it may be explained that 
 such resolutions, being framed in general terms, do not 
 bind the house to future legislation on the subject, and 
 are merely intended to point out to the government the 
 importance and necessity of such expenditure.' 
 
 By way of illustrating the form of such resolutions, the 
 following precedents are taken from the journals of the 
 English Commons : 
 
 1. " That it is expedient her Majesty's Grovernment, or Parlia- 
 ment, should take steps to inquire how best adequate open spates 
 in the vicinity of our increasing populous towns, as public wori^:-, 
 and places of exercise and recreation, may be provided and 
 secui-ed, and to encourage and direct ettorts by private subscrip- 
 tions, voluntary rates, or public g-rant.s, to carry out such objects.' ' 
 
 2. " That in the opinion of this house the Board of Trade, or 
 department of the government, having the control and manage- 
 ment of I ±e moneys belonging to the mercantile, marine, and 
 
 1 Can. Hans. [1S7S] 2002-2005. 
 
 => Can. Com. J., (1869), 23G ; lb. (1874), 214 ; lb., (187G), 69 ; Can. Hans- 
 (1877), 396. 
 ' 115 E. Com. J., 246. 
 
ABSTRA CT PROPOSITIOXS. 
 
 469 
 
 seamen's funds, should l)C empowered by Parliament to give to 
 these sailors' homes (not in the neighbourhood of tlie dockyard) 
 such pecuniary assistance as, in its judgment, and at its discretion, 
 it may 1)C deemed advisable." ' 
 
 3. " That having regard to the Admiralty Act of last session, 
 b}' virtue of which an entirely new jurisdiction has been conferred 
 upon 'crtain county courts, and to the Bankruptcy Bill, under 
 which the district county courts will take the place and perform 
 the functions of the district bankruptcy courts, and with a view 
 to secure efficiency in the office of county court judge, in the 
 opinion of this house it is expedient that the judges upon whom 
 the new duties and i-esponsibilities may be imposed, should 
 j-eceive an additional remunerationof £3,000. a year." * 
 
 The last of the foregoing motions shows to what extent 
 such abstract propositions may go ; but it was perfectly 
 in accordance with parliamentary rules, since the fact of 
 its adoi)tion by the house would not have authorized an 
 expenditure of public money, though it might have been 
 considered a sufficient reason by the government for 
 bringing down a resolution on the subject with the con- 
 sent of the sovereign, and obtaining a vote of money in 
 accordance with the prescribed forms. Referring to this 
 right of members to move such abstract resolutions, all 
 authorities agree that it is one " which the house exercises, 
 and should always exercise with very great reserve, and 
 only under peculiar and exceptional circumstances." Such 
 resolutions are considered virtually " an evasion of the 
 rules of the house, and are on that account objectionable, 
 and should be discouraged as much as possible.'" Never- 
 theless the English House of Commons has never agreed 
 
 ' 118 E. Com. .J., 181. 
 
 -12416., 289. 
 
 '^ May, 655 ; 1 Todd's Pari. Govt, in England, 435 ; 170 E. Hans. (3), 677. 
 It has been ruled in the Canadian house that it is not regular to move to 
 go into committee of the whole on an abstract resolution. Mr. Frechette 
 having proposed to take this course in 1878, in the case of a motion on the 
 M inter navigation of the St. Lawrence, was allowed to amend it. V. & P. 
 Feb. 26th and March 20th, 1878 ; Can. Hans. p. 1290. 
 
4^0 SUPPLY AND WAYS AND MEANS. 
 
 to the adoption of a rule to fetter its discretion in regard 
 to the enttn-taining of such propositions. 
 
 It may sometimes happen that the government is wil- 
 ling to allow the refcr(Mic(^ of a matter which may sub- 
 sequently involve a public expenditure to a seLn-t com- 
 mittee of the House of Commons for the purpose of elicit- 
 intr all the facts in the case. A motion, framed in creneral 
 terms, may be proposed, without directly asserting that 
 any grant of money is required — in other words, one of 
 those abstract motions to which reference has just been 
 made.' Two precedents in point may be given : 
 
 "In 18T6, the papers rehitive to a claim of ^Ir. Ambrose Shea, 
 in connection with the Intercolonial Railway, were laid on the 
 table, and subsequently, with the consent of the premier, sent to 
 a committee which decided that he had a just claim for compen- 
 sation.- In 1875, a petition from Alexander Yuill, with respect 
 to certain losses alleged to have been sustained by him in con- 
 nection with a decision of the dominion arbitrators, was referred, 
 with the consent of the government, to a select committee, which 
 reported all the facts, and expressed the hope that redress would 
 be granted to the petitioner." " 
 
 In the foregoing, as in other cases, the government con- 
 sented to the appointment of the committee. Just as an 
 abstract resolution may be regularly proposed, so the 
 report of a select committee which does not directly re- 
 commend or involve a public exjienditure may be received 
 by the house.' 
 
 II. Governor-General's Recommendation.— The recomm.euda- 
 tion of the CroAvn to any resolution involving a payment 
 out of the dominion treasury must be formally given by 
 
 ' See 1 Todd, 437 for cases in point; 124 E. Hans. (3), 841 ; 174 lb. 1460. 
 
 -' Can. Com. J. (1S76), 72, 73, 98, 122. 
 
 3 Can. Com. J. (1875), 127, 22G, 303. See 3 Hatsell, 243, on such cases. 
 Also, speaker's decision (No. 189) that a claim for damages might be 
 referred to a select committee ; Jour. (1871), 254. 
 
 ' 1 Todd, 430, 1). ; IGG E. Hans. (3), 710 ; Can. Hans. (1877), 396. 
 
GOVERXOR-GEXERALS RECOMMEXDA TIOX. 47 1 
 
 a privy roujicillor in his place at tho very initiation of a 
 proceeding, in accordance with the express terms of the 
 .34th section of the British North America Act, 180 Y, and 
 in conformity "with the invariabh^ practice of the English 
 House of Commons.' The statement should b«^ made as 
 soon as tho motion has been proposed for tln^ house to go 
 into committee on the resolution. Th(^ following is the 
 entry made in the journals on su<h an occasion. 
 
 " Sir John A. Macdonald, a member of the queen's privy coun- 
 cil, then acquainted the house, tluit his Excellency tho Governor 
 General, having 1 oen informed of the subject-matter of this 
 motion, recommends It to tho consideration of tho house."- 
 
 The recommendation may be given by any minister of 
 the Crown, according to English usage ; but in Canada it 
 is usually done by the premier or leader of the government 
 in the house. The English practice, and necessarily the 
 most convenient one, is to give the necessary recommenda- 
 tion through the minister directing the department in 
 charge of the particular matter before the house.* 
 
 Though the recommendation of the governor-general 
 cannot be foi mally given in the Senate to amotion involv- 
 ing money, — since such matters must originate in the Com- 
 mons — yet that house has a standing order which forbids 
 the passage of any bill which, from information received, 
 has not received the constitutional recommendation. 
 
 47. "The Senate will not proceed upon u bill appropriating 
 
 ' See Can. Hans., 24th of April, 1878, when ^Ir. SiK^iker Andin fully 
 explained the meaning of the 54th section of the union act. 
 
 - ^^an. Com. J. (1873), 20.') ; Ih. (1877), 93, 94, 104, c^c ; lb, (1879), 51, 158, 
 252,365, o(i(), 415. In tho journals of 1S73 the govcrnor-generars recom- 
 mendation is signified to a resolution relative to customs duties in tho 
 North-West, through a misapprehension of the meaning of the section 
 which refers only to the " appropriation of a tax or impost," and not to 
 tho " imposition " of tho same. Sec a debate in the house ((.'an. Hans. 
 [1878], 2155), when a learned lawyer, now a judge of a high court in tho 
 dominion, gravely argued that the recommendation should bo given under 
 the law to the imposition of taxes. 
 
 '' 129 E. Com. J. 14, 29, 30, 32, &c. 
 
472 SUri'LY AM) WAYS AXD MEASS. 
 
 public money, that shall not, within the knowledge of the Senate, 
 have been recommended by the queen's representative." 
 
 in. Consent of the Crown explained. — A misapprelKMision 
 has sometimes arisen as to the time when the '' consent " 
 of the Crown shouh"^ be given to a bill. The procedure 
 with respect to signifying the consent is different from 
 that in giving the recommendation of the Crown. The 
 recommendation precedes every grant of money ; the 
 consent may be given at any stage before final passage, 
 and is always necessary in matters involving the rights 
 of the Crown, its patronage, its property, or its preroga- 
 tives.' This consent of the Crown may be given either 
 by a special message, or by a verbal intimation from 
 a minister — the last being the usual procedure in such 
 cases. The intimation of the consent does not mean that 
 the Crown " gives its approbation to the substance of the 
 measure, but merely that the sovereign consents to remove 
 an obstacle to the progress of the bill, so that it may be 
 considered by both houses, and ultimately submitted for 
 the royal assent."" In any case where a private member 
 wishes to obtain the consent of the Crown, he may ask the 
 house to agree to an address for leave to proceed thereon, 
 before the introduction of the bill.' The consent should 
 be properly given before the committal of the bill,' but, 
 according to the i>ractice of the English house, it is not 
 generally given before the third reading.' A bill may be 
 permitted to proceed to the very last stage without receiv- 
 ing the royal assent, but when it is not given before the 
 motion for the final passage, it must be dropped.'' If the 
 introducer of a bill finds from statements of a minister that 
 the royal assent will be withheld, he has no other alterna- 
 
 1 May, 508 ; 2 Todd, 298 ; 243 E. Hans. (3), 211. 
 
 - 191 E. Hans. 1445 ; 192 Ih. 732 ; Established Church (Ireland) bill. 
 
 •' Mr. Gladstone, 191 E. Hans. (3), 1898-9. 
 
 * Church Reform (Ireland) bill; Mirror of P., (1833), pp. 1G27, 1733. 
 
 '" Mr. Speaker Denison ; Peerage of Ireland bill, 191 E. Hans. (3) 1564. 
 
 « Mr. Gaythorne Hardy ; 191 E. Hans. (3), 1564 ; May, 508. 
 
COXSJJXT OF THE CJion'X. 
 
 471 
 
 live open to him cx<^ept to withdraw the moasiiro.' 11" tho 
 royal assent is not given at the last stage, the speaker will 
 rei'use to jnit the question.- If a bill, requiring the royal 
 consent, should be permitted to pass all its stages through 
 some inadvertence, attention will be called immediately to 
 the " fart in the house, and the proceedings declared null 
 and void."' 
 
 The consent of the governor-general, as representative 
 of the Crown, is generally signiiied in the Canadian Com- 
 mons on the motion for the second reading, though cases 
 ^vill be found of its having been given at other stages. 
 The cases of most frequent occurrence in the Canadian 
 house have been in connection with railways, on which 
 the government has had a lien.' In 1871 a committee 
 made a special report on a bill to authorize the Northern 
 liailway to make arrangements to lease, use and work the 
 lines of other companies, that " as the government held a 
 lien for a large amount upon the railway, their consent 
 should be obtained to the consideration of this bill, before 
 any further proceedings should be held thereon;" and the 
 necessary assent having been subsequently obtained, the 
 measure became law in due form.'^ In the session of 1879 a 
 bill was introduced " to i)rovide for the payment of the de- 
 I't'iidant's costs in certain actions at the suit of the Crown." 
 The first section provided that the several courts and judges 
 of the different provinces, having concurrent jurisdiction 
 
 ' 76 E. Hans. (3), 5!>1 ; 191 lb., 15()4, (Peerage of Ireland bill). 
 121 E. Com. J. 423. 
 
 ' Ehyl improvement bill ; ^Medina Eiver navigation bill, 107 E. Com. .1., 
 157. Tbe procednre in such cases is to read the entry in the votes, and to 
 niove that the proceedings be null and void- 
 
 ^ 31 Vict., c. 19. — " An act to amend Grand Trunk R. R. arrangements 
 act (1862), and for other jmrposes" — a measure involving jwstponenient 
 of a debt due to the Crown. Objection was taken en the third reading 
 of the bill, and the consent then formally given; Jour. [1867-S], 61. Also, 
 Great AVestern K-E. Co. bill, 1870, p. 137 , 33 Vict, c. 50. Grand Trunk 
 liR. Arrangements bill, 10th of April, 1S73 ; 36 Vict., c. 18. April 17, 1874 ; 
 o7 Vict. c. 65. Northern R.R. bill, xVpril 11, 1877; 40 Vict. c. 57. 
 
 ' Can. Com. J. [1871] 135, 160 ; 34 Vict, c. 45. 
 
474 SUPPLY AM) MM YS ASD }fEAXS. 
 
 with tho dominion cxchcquor tourt, " shall havo power to 
 award and tax costs in I'avonr of and against the Crown as 
 wt'U as ai^ainst the subje(;t/' in certain cases specified bv 
 statute. The premier having stated that he was not piv- 
 pared to give the consent of the Crown to the l)ill, thi' 
 mover was compelled to withdraw it/ 
 
 IV. Committees of Supply and Ways and Means.— "With thcs'' 
 general observations on .he rules and usages which con- 
 trol the house in the case of grants of publi(^. money, we 
 may now proceed to consider the practice with respect to 
 the committees of supply and ways and means. Tlu- 
 principal purpose of the House of Commons, in fact, is the 
 consideration and criticism of the estimates and the taxfs 
 required to meet the public expenditures f and the com- 
 mittees in question are the parliamentary machinery by 
 means of which the- house chiefly exercises its political 
 and constitutional functions. 
 
 In accordance with law and usage, the governor-general, 
 acting under the advice of his responsible advisers, sends 
 down every session one or more messages to the Commons 
 with the estimates of the sums required for the publir 
 service.' These estimates are considered in committee of 
 supply, and include all the grants that have to be an- 
 nually voted by parliament. The main estimates appear 
 in a blue book and <omprise, as far as possible, the pr»> 
 posed expenditures for the public service for the next 
 fiscal year which commences on the 1st July and ends on 
 the 30th of June following. But, in addition to these, there 
 is generally a supplementary estimate of sums still 
 required to meet certain expenditures which properly fall 
 within the current year ending on the 30th of June. It is 
 also always necessary to bring down, before the close ot 
 the session, one or more supplementary estimates for the 
 
 ' Can. Hans. (1879), 1578-1581. 
 
 •^ 237 E. Hans. (3), 380. 
 
 ^ Can. Com. J. (1879), 77 ; lb. (1SS3), 14G, 290, etc. 
 
ESTDfATES. 41. 'y 
 
 coming year in order to provide for services whi<h had been 
 forgotten in the main estimates, or on \vhich a decision 
 had not been reached when the latter were made up.' All 
 these estimates are divided into several hundred votes or 
 resolutions, which appropriate specified sums for services 
 specially defined. They are most carefully arranged 
 under separate heads of expenditure, so as to give the 
 fullest information possible upon all matters contained 
 therein. The blue book is made uj) in several columns ; 
 one showing the amount, if any, voted during the previous 
 year ; another, tln' amount to be voted for the next year, 
 another (where necessary), the increase or decrease of 
 expenditure for the same service. Each resolution specifies, 
 when necessary, every item on which there is to be a par 
 ticular expenditure. For instance, under the head of a 
 vote for harbours for a province there will be a number of 
 distinct items for each harbour for which money is 
 required" When the resolutions are under consideration 
 in committee, it is the duty of ea<h minister to explain 
 every vote that appertains to his own department, and in 
 this way the house is able to come to a correct conclusion 
 as to its necessity. 
 
 Besides the grants voted in the estimates there are 
 certain payments which have not to be provided for an- 
 nually, but are defrayed out of the consolidated fund' in 
 conformity with various statutes.' These payments com- 
 prise : costs and charges incident to the collection and 
 management of the revenue ; interest of the public debt ; 
 salaries of governor-general, lieutenant-governors, judges, 
 
 ^ See Sess. P. for 18S2, No. 2, for estimates for 1883 and supplementary 
 estimates for 1881-82, 1'tc. 
 
 - Se« Ihid, p. 51 of estimates. 
 
 ^ The public revenues from taxes, imposts, loans, or other sources are 
 placed to the account of the consolidated fund, out of which all [)ayments- 
 are made by authority of law, either in the shajx? of j)ormanont grants 
 regulated by statute or annual grants voted in supply. I. Todd, 471. 
 
 ' B. N. A.' Act, 18G7, s. 102, &c. Can. Stat. 31 Vict. cc. 4, 31, 32 and 33, 
 and other acts passed in subsequent sessions. 
 
47G SVITLY AXI> WA VS ASD MEAXS. 
 
 «t«*.; loans ; j^rants to provinces under the Union Act; 
 and all other permanent paymiMits. AVhenever it i.s 
 necessary to make any chanir<'s with respect to these per- 
 manent pfranls, ihey must l)e introduced in the shape of 
 resolutions in committee of th(? whole, and })ills founded 
 thereon.' The votes in committee of supi)ly are for the 
 servi<'e of the fiscal year, and grants intended to (Continue 
 for a series of years must be passed in the way just stated. 
 For instance, the estimates of 1 871> included a ^'ote (No. 120) 
 for an annual subsidy towards the construction and main- 
 tenance of certain telegraph lines ; and, as this was a per- 
 manent grant and not one for the service of the year, it vva.'s 
 struck out of the estimates and submitted subsequently 
 in a bill.- 
 
 Tho <ommittee of ways and means regulates the mode 
 in which the expenditures authorized by the committee 
 of supply, are to be met. In other words, it provides the 
 revenue or income necessary to pay the expenses of the 
 public service. It is also in this committee that all ])ro- 
 positions relating to the tariff and the taxation of the 
 country must be considered.' 
 
 V. Procedure on going into Supply.— As soon as the speaker 
 has communicated to the house the speech from the throne, 
 the leader of the government will make the formal motion 
 that " the speech of his Excellency the Governor-G-eneral 
 to both houses of the Parliament of the dominion of 
 Canada be taken into consideration," immediately, or on 
 a future day.^ When the sj^eech has been duly considered 
 and the address in answer formally agreed to, the minister 
 of finance wull make the nsual motions with respect to 
 
 * Bill for the readjustnient of salaries and allowance of the ministers of 
 the Crown, &c. Can. Com. J. 1873, pp. 205, 345, 890, 398. 
 
 ^Can. Stat. 42 Vict. c. 5. Can. Hans. [1879], J6G8 (Mr. Mackenzie) 
 Jour. p. 367. 
 
 •' May, 605 ; 1 Todd, 428. 
 
 ' Can. Com. J. (1878), 14 ; 181 E. Com.J. 9. Supra, pp. 281, 234. 
 
GO ISO iSTo srrrLY 
 
 477 
 
 the committoos of supply aiul way.s and nicaiis. Provious 
 to 1874, a iiuinbiT of pt'iplcxing proliniinary motions wi'ie 
 requisite;' but at the t'omiiK'iict'HK'iit of the session of 
 that year a more simple procedure was adoj)t«'d in a<ror- 
 danoe with that previously ordered ]>y the Kni^lish house. 
 The answer to the speech havini>" })e(Mi ai^re«'d to, a 
 minister of the Crown, — i.lways the minister <»f finance 
 when he is present — will pro])ose the two following reso- 
 lutions iu accordance with the order of 1874,- " that the 
 house will, in future, appoint the committees of supi)ly, 
 and of ways and means at the commencement of every 
 session : " 
 
 1. " That this house will on next resolve itself into 
 
 a committee to consider of the supply to be granted to her 
 Majesty. 
 
 2. " That this house will on next resolve itself into 
 
 a committee to consider of the ways and m«'ans for raisins 
 the supply to be granted to her Majesty." * 
 
 Before the house goes actually into committee of supply, 
 the finance minister will bring down the estimates by 
 message from the governor-general, and when the message 
 has been read in English and French by Mr. Speaker, or by 
 a clerk at the table, the minister will move " that the said 
 message together with the estimates accompanying the 
 same be referred to the committee of supply." The order 
 of the day for the house to go into committee of supply 
 having been read, the speaker will put the question — 
 ■ That I do now leave the chair.'" The same question is 
 always put whenever the house is to go into committee of 
 
 ' Can. Com. J. (1873), 24, 50, 63, 102. 
 
 ' Ih. 1874, March 31. 
 
 ■' IL (1 70), 55 ; lb. (1878), 24 ; 131 E. Com. J. (1870), 11. 
 
 *Can. Com. J. [1870], 08; Ih. [1878], 47, 131 E. Com. J. 3<>, 47, 51. 
 The committee of supply can only bo fixed by a minister of tlio Crown ; 
 240 E. Hans. (3). 1003. But a member may move to substitute another 
 day, 240 lb. 1600. A member may not move an instruction to the com- 
 mittee, as they can only consider the estimates submitted by the Crown. 
 Mirror of P. 1828, p. 1972. 1 Todd, 483 n. 
 
478 SUPVL Y AND WA YS AND MEANS. 
 
 supply, in order to afford an opi)ortuiiity to mombers to 
 propose ainendmeiits. On this point it is observed by au 
 43minent English authority : "The ancient constitutioual 
 doctrine that the redress of grievances is to be considered 
 beibrc the granting of supplies, is now represented by the 
 j^ractice of permitting every description of amendment to 
 be moved on the question for the speaker leaving the 
 chair, before going into the committee of supply or ways 
 and means. Upon other orders of the day, such amend- 
 ments must be relevant ; but here they are permitted 
 to relate to every question upon which any member may 
 desire to oiler a motion." ' The same practice is now 
 followed very extensively in the Canadian Commons ;■ but 
 there are certain limitations to this right. Only one 
 amendment can be moved to the question, " that Mr. 
 Speaker do now leave the chair." ^ If that amendment is 
 negatived, a discussion on other questions may be raised 
 but no other motion can be proposed.' If the amend- 
 ment is withdrawn, however, another amendment can be 
 at once submitted to the house.' "When an amendment is 
 
 1 May, 0(30-01. :Mirror of P., 1838, vol. 7, p. 5874 ; 110 E. Hans. (3) 861 ; 
 243 Ih. 1549 ; Can. Hans. [1878], 1808 (Sir J. A. Macdonald). The right 
 to consider grie.vances at this stage is one of the first priiicii)les of the Bri- 
 tish constitution, 237 E. Hans. (3) 380. But the practice has been mucli 
 abusetl in England, and the Commons have more than once considered 
 what means can bo devised for limiting discussion. The speaker and 
 other high authorities, when examined before the committee of public 
 business in 1878, said they would absolutely ])reclude the discussion of 
 any abstract motions, and only allow motions calling into question the 
 conduct of the administration or of some department of the government. 
 Report of Com. July 8, 1878 ; pp. 4, 0, 40, 105, &.c. See also an article by 
 Mr, Eaikes, " Kineteenth Century," Nov. 1879. On certain days, however, 
 under the present practice, restraints are imposed upon amendments ; 
 May, 001. 
 
 - ban. Com. J. [1870], 88, 114, 129, 191, 213, 233, 237, 291. 
 
 =» 200 E. Hans. (3), 1445. Can. Hans. [1878], lSOS-11. 
 
 * Sjxiaker Smith, S^xiaker's I).,pp. 27, 45, 79; Mr. Cockburn, 2nd of May, 
 1873 ; Mr. Anglin, Feb. 29th, 1870. 170 E. Hans. (3), 090 ; 222 Ih., 1727 ; 
 225 lb. 1943. 
 
 5 131 E. Com. J., 103 ; 180 E. Hans. 309-427. 
 
GOISG ISTO SUPPLY. 4t9 
 
 agreed to, it is perfectly rcgailar to move to add words in 
 addition to the same,' or to move any other amendment to 
 >trike it out in whole or part.- It is the i>racti('e in the 
 liinirlish Commons to c^ive notice of all motions and amend- 
 iiicnts pro])Osed to he made at this stage ; but this is not 
 the practice in the Canadian house,' though notice is now 
 often given of contemplated amendments. No doubt the 
 uniform adoption of the Enulisli practice would enable 
 the Commons to ajiproach a subject with more deli])eration 
 and information than is possible when a question is sud- 
 denly sprung upon the house. 
 
 Members may discuss various questions on the motion for 
 the speaker to leave the chair, without moving any amend- 
 ments thereto — a great latitude being always allowed on 
 such occasions ;* but they may not refer specifically to any 
 rote whi(th has passed, or is about to be discussed 
 in committee. ;^ nor to any resolution of the com- 
 mittee of w^ays and means f nor to any bill or order of the 
 day." Neither will a member be permitted to debate a 
 motion of w^hich he has given notice. On the 10th April, 
 1876, Mr. Burpee was proceeding to address the house 
 respecting the Bay Verte Canal, but he was stopped by 
 
 '129E. Com. J.,337. 
 
 = 132E. Com. J., 118. 
 
 ■' Dr. Tupix»,r's remarks, Can. Hans. [1878], 2279. Priority is always 
 given in the English Commons to those who have amendments on the 
 paper. See decision of ]Mr. SiK-aker Lefevre, 110 E. Hans. (3) 8G1. The 
 adjournment of the house may be moved on a motion to go into commit- 
 tee of supply ; 240 E. Hans. (3) 1G69. 
 
 * May, 662-3. Mr. Langevin, April, 29, 1878; Mr. :McCarthy, Feb. 26, 
 1878 ; 240 E. Hans. (3) 759 ; Can. Hans. 1878, Feb. 22, &c. 
 
 '" 164 E. Hans. (3) 1500; 173 lb. 903; 189 Ih. 857; 209 lb. 1327; 218 76. 
 1S69 ; 222 lb. 971 ; 253 lb. 924. 
 
 " 174 lb. 1439 ; here a resolution respecting fire insurances was framed 
 50 as to avoid the rule. INIay, 663. 
 
 ' 142 lb. 1026; 221 lb. 120, 795; Can. Hans. [1882], 1435. A mem])er 
 may not move at this stage to discliarge an order of the day ; 231 E. Hans. 
 (1), 301. It is allowable to move for an address to the queen or her re- 
 presentative in this country ; Can. Com. J. [1869], 93, 101. Supra, p. 294. 
 
480 SUPI'L Y AXD WA YS AND MIJAXS. 
 
 Mr. Speaker, whose attention was directed to the fact that 
 he had given notice of a motion on the same subject. This 
 ruling is in strict accordance with the practice of th»> 
 English Commons.' When an amendment has been moved 
 to the question for the speaker to leave the chair, discus- 
 sion should be properly confined to its subject-^iatter.- 
 AVhen an amendment is negatived a debate may be raised 
 when the speaker again puts the question, on the general 
 policy of the government, or on some other subject not em- 
 braced within the exceptions just mentioned.^ This ques- 
 tion arose in the session of 1876. An amendment having 
 been negatived, it was urged by a member that no further 
 debate could take place on the original question ; but Mr. 
 Speaker Anglin observed — " The house has not yet 
 resolved that I leave the chair, and that c[uestion is con- 
 sequently still before the house ; and gentlemen who 
 have not yet spoken are in order, and are permitted to 
 speak on almost every question." ^ If an amendment 
 has been carried in the affirmative, then it is the practice 
 not to allow the committee of supply to drop — for that is 
 not the intention in moving amendments at this stage — 
 but to propose the fj[uestion for the speaker leaving the 
 chair a second time. It will be moved — " That the house 
 
 do on next, resolve itself into committee of supply. 
 
 Or, when it is necessary to proceed at once with the 
 estimates, it will be resolved, " That this house do imme- 
 
 1 146 E. Hans. (3), 1699-1702. 
 
 '^ 235 E. Hans. (3)602-623; 1330-13o8; this reference illustrates the prac- 
 tice. See 240 Ih. 759 for the speaker's ruling, in which he clearly detines 
 the distinction between a debate on an amendment and one on the motion 
 for the sjjeaker to leave the chair. Also Can. Hans. [1878], 892 ; 230 K 
 Hans. (3), 456 ; 232 lb. 834. 
 
 =* 239 lb. 16, 22-3. Blackmore's Speaker's D., [1882], 11, 200; 215 E.Han^. 
 (3) 994, 1739. 
 
 * Can. Hans. (18763, 367; See 225 E. Hans. (3), 1940-1955, for an illustra- 
 tion of the extent to which a debate may proceed at this stage. Also 2-2 
 E. Hans. (3) 1727 ; 223 lb. 1932; 224 lb. 652 ; 240 lb. 759. 
 
 » 131 E. Com. J., 193-4 ; Can. Com. J. (1882), 254. 
 
LAPSED ORDER OF SUPPLY. 481 
 
 diatoly resolA'o itself into committee of supply.'" Mr. 
 Speaker will then aii'ain propose the question i'or his leav- 
 ing the chair, which is generally agreed to." although it 
 is quite legitimate to propose amendments and debate 
 various matters.^ 
 
 In case it is found inconvenient at any time to go into 
 committee after the motion that the speaker do leave the 
 chair has been put and discussed, the motion may be with- 
 drawn with the consent of the house, and the committee 
 will then be formally fixed for another day.' 
 
 If the order for the house to go into committee of supply 
 should become " a lapsed order " in consequence of " a 
 tount-out," it Avill be necessary to revive it^ by giving 
 notice of amotion for that purpose. In 18t7 the committee 
 in the English Commons lapsed in this way, and the leader 
 of the gOA^ernment subsequently ga\e notice of a motion 
 10 set it up in the usual words — " That this house will on 
 
 resolve itself, etc."' On another occasion the house 
 
 adjourned whilst a motion for the speaker to leave the chair 
 was under consideration, and it became necessary on the 
 next sitting day to move " That the house do immediately 
 resolve itself, etc.'"^ 
 
 VI. In Committee of Supply.— When the house agrees to go 
 into committee of supply, the speaker will call a mem- 
 ber to the chair, as is usual in the case of other com- 
 mittees of the whole, for there is no regularly appointed 
 chairman of these committees in the Canadian; as in the 
 English, House of Commons." It is always usual, however, 
 
 ' Can. Com. J. [187.",], 272-3; 127 E. Com. J. 96 ; 129 lb. 337. 
 
 - 122 E. Com. J. KXi. 
 
 ' 174 E. Hans. (3), 1900; 235 Ih. 1350-58. 
 
 * 123 E. Com. J. 163. 
 
 ^ 129 E. Com. J. 294, 299 ; 184 E. Hans. (3) 535 ; 131 E. Cofn. J. 282-3 ; 
 285 E. Hans. (3), 203 ; 132 E. Com. J., 202, 206. 
 
 « 240 E. Hans. (3), 1086. Also, 132 E. Com. J. 119, 120. 
 
 ' The following gentlemen have acted as chairmen of late years : — ^Ir. 
 Stewart Campbell, Mr. Scatcherd, (now dead), Mr. Oliver, (also dead). Mr. 
 
 31 
 
482 SUPPLY AND WAYS AXD ^fEAXS. 
 
 to call to the chair a member who has had large experience 
 in the house. The rules that obtain in other committees 
 prevail also in this. Each resolution will be formally pro- 
 posed from the chair, and amendments may be madr 
 thereto. Each member is provided with a printed copy d 
 the estimates, and the chairman reads the vote at length 
 from a written set of resolutions, each of which he siofUN 
 when it has been duly adopted by the committee. As in 
 other committees each resolution must be proposed and 
 discussed, as a distinct question, and when it has been 
 formally carried, no reference can again be made thereto. 
 Neither is it regular to discuss any resolution before it has 
 been formally proposed from the chair - Each vote or 
 resolution is necessarily a question in itself to be proposed, 
 amended aiid put as any motion or bill in the house. Some- 
 times there are a number of items in a vote or resolution, 
 and then these may be generally discussed as forming part 
 of a single question. Each item may then, if the committee 
 think proper, be taken up as a distinct c^uestion, and so 
 discussed and amended. The debate in such a case must 
 be confined to the item, and when it has been disposed of 
 no reference can again be made to it wheu the subsequent 
 items are under consideration. When it has been proposed 
 to omit or reduce items in a vote, the question shall be 
 afterwards put upon the original vote, or upon the reduced 
 vote, as the case may be, without amendment. And after 
 a question has been proposed from the chair for a reduc- 
 tion of the whole vote no motion shall be made for omit- 
 ting or reducing any item.^ 
 
 James Young, Mr. Kirkjiatrick, Mr. Ej'kert, Mr. Colby. Tho mode of 
 electing the chairman of ways and means in the English Commons was 
 explained by Mr. Eaikes before the committee on public business, 1878. 
 p. 139. See for the latest case of the election of a chairman, Avho is also 
 deputy-speaker, 270 E. Hans. (3), 1321 (Sir Arthur Otway). 
 
 ' 175 E. Hans. (3), 1673. 
 
 - May, 677. 
 
 ^ Re«. of Eng. Com. 9th Feb., 1858, and April 28, 1868; 113 E. Com. J. 
 42; 123 lb. 145 ; 239 E. Hans. (3), 1763-1775. 
 
rilOCEEDINCS IN SUPPLY 
 
 483 
 
 It is irregular to discuss any matters in eonimittee which 
 are not relevant to the resolution under consideration.' It 
 is also out of order to move for the adoption of a general 
 resolution with respect to any particular vote, or for the 
 reference of a particular vote to a select committee.^ Some- 
 times, when it is not convenient to discuss a rt'solution it 
 is not proi)Osed from the <hair but passed over with general 
 consent until another occasion ;' but if it has been regu- 
 larly proposed from the chair and discussed, no motion for 
 its postponement is regular, because there is no period to 
 which it can be postponed.' But the mover of a resolution 
 may, with the consent of the committee, withdraw and sub- 
 mit it again on another day, with or without alteration, and 
 either as a distinc-t vote, or in separate items.' The com- 
 mittee having only partly considered a resolution may, 
 however, rise and report that they had made progress in 
 the matter to them referred, and ask leave to sit again." Or 
 [hey may report certain resolutions which they have agreed 
 to, and progress on certain others." Sometimes the house 
 will go into committee and immediately rise and report 
 progress without adopting a vote ;"^ but in no case must the 
 committee be allowed to drop by neglecting to move for 
 leave to sit again. The speaker will always put the ques- 
 tion, after report of the chairman, " "When shall the com- 
 mittee have leave to sit again ?' It is for the minister of 
 iinance, when present, or other member of the government, 
 in his absence, to fix the time.'' 
 
 ' 157 E. Hans. (3), 1851. 
 
 - Mirror of P., 1831, p. 182G ; Ih. 1831-2, p. 3472. But a select committed'. 
 ?nay be moved in tlie Louse subso<inently to incjuire into matters con- 
 nected with a particular vote ; 172 E. Hans. (3), 131. 
 
 ' Pacific K.R. votes, 1877, c^c. 
 
 ' 159 E. Hans. (3), 549 ; 175, Ih. 77. 
 
 'Mirror of P. 1830, p. 1498 ; Ih. 1840, p. 2867. 
 
 n28E. Com. J., 74&C. 
 
 ■ 129 E. Com. J., 91, 133 ; Can, Com. J,, (1876), 238, 239. 
 
 ^ 129 E, Com. J., 261, 331 ; Can. Com. J, (1877), 324, 
 
 '' See mpra p. 477 n. 
 
484 SUPPLY AXD ll'.n'.S' AND MEAXS. 
 
 The oommittee of supply cannot iucreaso a grant which 
 has been recommended by a message from the governor- 
 general.' It is also irregular to increase any item in a reso- 
 lution." But any motion to reduce a grant, or to strike it 
 out of the estimates altogether, will be always in order.' 
 The advisability of increasing a grant may, as a matter ol 
 course, ha discussed so as to inform the government as to 
 the sense of the house on a question.' The ministry alone 
 can move in the matter, and another message will l»f 
 brought down to increase the grant.' 
 
 Vn. The Budget.— It is now competent for the linanr." 
 minister to move the house into a committee of ways and 
 means, to consider resolutions respecting the tariff, with- 
 out taking a preliminary vote in supply, as both these 
 committees are now formed at the commencement of tlie 
 session, and there is no necessity whatever, under modern 
 practice, to pass a vote first in supply in order to lay a foun- 
 dation, as it were, for the committee of ways and means. 
 
 1 148 E. Han.s. (3), 302. 
 
 '' 173 lb. 1282. 
 
 3 131 E. Com. .T. (1870), 51, Go, 241». 
 
 ♦ 1 Todd Pari. Govt, in Eiiixland, 437, (Annuity to the Duke of Welliu.'- 
 ton) ; 27 E. Hans. (3), 831. 
 
 ^ Mirror of P., 1838, vol. vii., p. 5875. 
 
 ® It was the practice in the Canadian Commons until the session of ISSJ 
 (Jour. 1880-81, pp. 212-13) to take a preliminary vote in committee of su])ply 
 and to concur in the same, before moving the house into committee of 
 ways and means. This was a relic of the old practice that was followiil 
 previous to 1874. It is quite obvious that it was a meaningless form with 
 reference to the taritf. Under the old practice it was necessary to p:)-> 
 a vote in supply in the first place (compare May, ed. of 1883, p. 657, witli 
 ed. of 18G8, p. 554) ; but in 1874 it was agreed to go into the two com- 
 mittees in question without the preparatory motions so long peculiar tn 
 the English house. Consequently, there was nothing to prevent the com- 
 mittee of ways and means taking up the tariff at any moment it was con- 
 venient to the house. The old practice, in reality, applied only to the p;i>- 
 sage of resolutions in ways and means, authorizing payment of supply 
 out of consolidated revenue. In England it is the practice to go from da}' 
 to day into ways and means, to vote sums of money to the extent of the 
 
THE nUDGE'L 
 
 485 
 
 It is proper to mako tho speech on "the biidiict '" on the 
 motion for the house to uo into ("oinniittee of \vay« and 
 iii.'ans since it is there that taxes are increased, repealed, or 
 (ttherwise amended; but linance ministers have, at times, 
 found it more convenient to depart I'roni this practice. In 
 tlie session of 1867-8 Sir John Kose made a financial state- 
 ment on the motion for the houso to g'O into committee of 
 supply ; and on a subsequent day he proposed to amend 
 the tariff in committee of ways and means.' In 1809 he 
 made a financial statement on the motion for the house to 
 20 into committee of ways and means.- 
 
 In 18t0 Sir Francis Hincks made his financial statement 
 and developed the fiscal policy of the government in com- 
 mittee of ways and means.' In 1874, Sir IJichard Cart- 
 wright took the same course when he proposed to amend 
 the tariff." In 1877 he made his financial statement when 
 
 supplies jzrantod for particular purposes, (^lay, t>5s). A .viiuilar course is 
 followed in the Canadian house at the close of the session when supply is 
 closed, [infra y. 49*)]. But resolutions amending.' the tariff have no imme- 
 •liate connection with re-solutions of supply. Much inconvenience arose 
 from tills practi(;e of passin<r a i)relinunary \ote, and the house was even 
 i^bliged more than once to take the very irregular course of adopting the 
 rejKjrt of the committee of sujjply on the same day the committee sat 
 I'/i/ra. p. 4S9), in its haste to get into ways and means, and have the 
 Inidget before it. It is difficult to explain why it was considered neces- 
 sary to pass a vote for a small amount — almost always the estimate for 
 the governor-general's secretary's office — before the house was moved 
 into ways and means. It was the rule to pass a vote first in supply pre- 
 vious to 1874 ; but, when the house did go afterwards into ways and 
 means, it did not proceed to arrange a tariff, perhaps involving millions 
 of dollars of duties, but simply passed a resolution for a payment equal to 
 the amount voted in supply ; (Jour. 1873, p. 111). Under these circum- 
 ^itances the practice in question was tacitly abandoned, in part in 1882, 
 and entirely in 1883. 
 
 ' Pari. Deb., [18C7-8], 7G, 97. 
 
 ' lb. [1869], 33. It is the rule of the government to take i>ossession of 
 the telegraph lines as soon as the budget speech commences, and a change 
 in the public taxation is proposed. Pari. Deb. (1874), 24. 
 
 Pari. Deb. (1870), 916 ; Jour. p. 168. 
 
 * Pari. Deb. (1874), 24-8 ; Jour. p. 56. 
 
486 SUPPTA' AXD irjl'9 AND MEAXS. 
 
 the ordor oi' the day lor ways and means had boon roa<l.' 
 In 187H no chang'o in tho tariff boing' proposed ho made lii> 
 statement on the motion ior the house to go into committee 
 of supply.- In 1879 Sir Leonard Tilley proposed a new 
 tariflin ways and means, but in subsequent years, from 
 1880 to 1883, inclusive, he made his statement on the 
 motion to go into that eommittee. It will be understood 
 from these precedents that whenever changes are jn-oposcd 
 in the tarilf, the finance minister will make his statement 
 in committee of ways and means, or, as is now more geni- 
 rally done, on the motion that the house go into that com- 
 mittoi^ ; but that wh(»n no alterations are proposed in the 
 fiscal i)olicy of the government, as in 1875, 1876 and 187^. 
 the statement may be conveniently made on the motion 
 for the house to go into committee of supply. " It is always 
 usual for a dis(^ussion to follow the budget speech ; and 
 much latitude is permitted.' 
 
 VUI. The Imposition of Taxes, and Ways and Means.— It is now 
 a fixed principle of constitutional government that all 
 propositions for the imposition of taxes should emanate 
 from the ministry or should at least receive its indirect 
 sanction.' In the session of 1871 Mr. Speaker Cockbunf 
 recommended to the house the adoption of the British 
 practice in this particular, and the Commons have ever 
 since acquiesced in its wisdom. As a consequence, no 
 
 »Can. Hans. (1877), 123. 
 
 ^Ib. (1878), 427. 
 
 ^ The practice in the English house Avith resi>ect to the budget is also 
 
 variable, May, 667. In 1875, 1876, 1877 and 1878 the chancellor of tlie 
 
 exchequer made his speech in committe-e of ways and means — chanizes 
 
 n duties being proposed in all these cases — and this appears to be tlie 
 
 more convenient practice, as it gives more latitude for discussion. 
 
 * In 1878 Sir R. Cartwright (finance minister) spoke again after Sir C. 
 Tupper, though strictly he had not the right, as he had moved only aii 
 order of the day. Can. Hans, Feb. 22, 1878. 
 
 5 182 E. Hans. (3), 592 ; May, 674 ; 1 Todd, 444. 
 
 « Can. Com. J. [1871], 112-113. 
 
IMPOSITION OF TAXES. 
 
 487 
 
 private memhpr is now pormitted to propose a uominioii 
 tax upon the people ; it must proceed I'rom a minister of 
 the Crown, or be in some other I'orm dechired to be neces- 
 sary for the public service. A motion or a bill of such a 
 character should properly be introdiu'ed by a minister of 
 the Crown. The following precedents will show the 
 strictness with which the house now adheres to this 
 practice : 
 
 " In 1872 a membor was not allowed to move the liouse into 
 committee of the whole to consider certain i-esohitions imposing 
 a duty on baidey, oats, Indian corn and coal.' A i-epoi't from a 
 select committee wa.s not received in 1874 because it i-econi- 
 mended the adoption of a new tariff for Briti.sh Columbia; it 
 was withdrawn and subsequently brought up in anothi?r form. 
 A motion on a later day to concur in the report was not allowed 
 on the ground that it asked for the enactment of a special tariff, 
 which could only be done by the government and in a committee 
 of the whole house."- 
 
 If the government approve of any plan of taxation 
 suggested by a private member it is the constitutional 
 course for them to propose it themselves in the committee 
 of ways and means. This was done in th(» English house 
 some years ago in the case of a resolution to extend the 
 probate duty upon property above the value of one mil- 
 lion.^ If the government object that a motion imposing 
 a tax is not required by the exigencies of the public ser- 
 vice, the member offering it should at once withdraw it.' 
 
 But all the authorities go to show that, when the gov- 
 ernment have formally submitted to the house the ques- 
 tion for the revision of customs and excise duties, it is com- 
 petent for a member " to propose in committee to substitute 
 
 ' Speak. D., Xo. 192, 3rd of May, 1872. Se« also, No. 1G2, Utli of June, 
 1869, for a similar ruling. 
 
 -Can. Com. J. [1874], 141, 210. 
 
 ^ 155 E. Hans. (3), 991 ; 114 E. Com. J. 348 ; 1 Todd, 452. 
 
 * 73 E. Hans. (3), 1052-56. In this case, it was proposed to go into com- 
 mittee of the whole, which was manifestly irregular, as was pointed out 
 at the time. 
 
488 
 
 Sr/'PLV AXn WAYS AND MEANS. 
 
 another tax of equivalent amount for that proposed by min- 
 isters, the necessity of new taxation to a Gfiven extent bcins- 
 (ledarecl on behalf of the Crown.'"' It is also competent for 
 any member to propose another scheme of taxation for the 
 same purpose as a sul)stitute for the i^overnment plan.- 
 But it is not regular to proposi' a new and distinct tax, 
 which is not a mere in<'rease' or diminution of a duty upon 
 an article already recommiMided by government for tax- 
 ation.' IJut any proposition for the repeal of a duty is 
 always in order, and many cases will be found w^here a 
 proposed duty has been struck out in committee." 
 
 Though there is no rule to prevent private members 
 moving abstract resolutions proposing changes in the 
 scheme or distribution of taxation, or the imposition ol 
 new duties or the reduction of duties, " yet they have 
 been uniformly resisted by the government in the Eng- 
 lish House of Commons as inexpedient and impolitic."" 
 All proposals for the imposition of taxes belong peculiarly 
 to the Crown, and custom, as well as sound policy, has 
 long ago devolved upon ministers the duty of submitting 
 such questions to the consideration of Parliament." But 
 nevertheless numerous instances wdll be found in Cana- 
 dian, as well as English, practice, of committees having 
 been appointed to consider questions of taxation, notwith- 
 
 ' May, 675 ; 108 E. Com. J. 187 ; 123 E. Hans. (3), 1248 ; also, 1 Todd, 
 451. 
 
 - Mirror of P. [1830], 19G3-4 ; Ih. [1840], 3042, vol. 18 ; 75 E. Hans. 
 (3), 920. 
 
 •' 63 E. Hans. (3), 629, 70S, 750, 753, 1364. 
 
 * For instance, a member could not extend licenses to other manufac- 
 turers besides brewers who alone were to ,take them out according to the 
 government plan ; May, 675. Also, 77 E. Hans. (3), 637, 751 ; 75 lb. (3), 
 915. 
 
 ^ 128 E. Hans. (3), 1129 ; 166 lb. 1574, &c. 
 
 « 1 Todd, 445 ; 88 E. Com. J. 336 ; 94 Ih. 510 ; 102 Ih. 580 ; 103 ' b. 8S6 ; 
 229 E. Hans. (3), 778. 
 
 " Sir R. reel. Mirror of P., 1830, vol. 7, p. 1032 ; also, March 26th, 1833 ; 
 August 7, 1848 ; May 10th, 1849 ; May 10th, 1864. Also, 73 E. Hans. (3), 
 1052-56. 
 
 J 
 
nin'oiiT.s 481* 
 
 standing- th(» opposition of tho govornmtMit.' Tho whoL* 
 (|Uestioii came up in 1S77 in the Canadiiin house, and Mr. 
 Spoakcr Ang'lin do<idod, in aocordancc with li^nglish pre- 
 todonts, that it is open to a committi'e to whom a question 
 of taxation is rclciTod, '' to express an abstract opinion as 
 to the expediency or inexpediency of im])()sing a duty." ' 
 
 The proceedings in ways and means are the same as in 
 (ommittee of supply or other committees of the whole. 
 Changes in the tariff are proposed in the form of resolu- 
 tions, each of which must be formally adopted by the 
 ( ommittee, and reported to the house.' Any motion or 
 rt^solution moved in committee must h(\ reU'vant to the 
 subject-matter referred to it.' An amendment, of which 
 notice has been given, on going into committ<'j of supply, 
 cannot be moved on the question for uoing into ways and 
 means.' 
 
 IX. Reports of Committees of Supply and Ways and Means.— 
 The English House of Commons rigidly observes the rule 
 which requires that " the resolutions of the committees of 
 supply and ways and means shall be reported on a day 
 appointed by the house, but not on the same day as that 
 on which they are agreed to by the committee.'"' This 
 practice is in accordance with the principle of giving every 
 opportunity to the house to consider deliberately all mea- 
 sures relating to the expenditure or the taxation of the 
 country. So strictly is this practice carried out in Eng- 
 land that when a resolution of this character has been 
 
 ' See 1 Todd, 444-451 for numerous ca-^ses in point. 
 
 - Committee on a i)etition to impose a coal duty ; Can. Hans. [1877], 
 oSO-398; Jour. pp. 91, 111. Also, Briti.sh Columbia taritl'. Can. Hans. 
 [1877], -532 ; journals, March 7th. Petroleum duty. Can. Com. J. [1876], 
 233 ; Ih. [1877], 2.>; Ih. [1878], 215 (coal duty). 
 
 '' 239 E. Hans. (3), 556, 605. Can. Com. J. [1883], 207, 216,228. 
 
 n56 //). 1473-4. 
 
 '261/6.474-6. 
 
 « May, 681 ; 129 E. Com. J. 107 : 137 E. Hans. (3), 1639 ; Can. Com. J, 
 [1877], 51, &c. ; Ih. [1883], 220. 
 
490 
 
 SUPPLY A XD n'AYS AXD }fKA\S. 
 
 received on tho sumo day on ^^hi(•h it was ronsid»'rt'd in 
 •'omiiiittvo, without any " urcroncy" havini^ been shown, 
 the liouse has ordered that this very irregnhir in-oceediiiii 
 (as Well as nil the proceedings <'onse(iuent thereon) ))•> 
 declared null and void, and the resolution in ({uestion 
 reported on a future day.' In the C^iuadian house, ho^v• 
 ever, at the close oi" the session, this wise rule is not 
 always obserA'ed.- 
 
 The resolutions from <ominittees of suj)ply and wav.s 
 and means are read a lirst and siMond time, and agreed to. 
 after the order of the day for reporting the same has been 
 read at the table. Tln^ practice of the Canadian Commons 
 with relerence to annnidment and debate, at this stage. 
 was variable up to the session of 1877, when it was 
 decided to adopt the l*]nglish practice. The procedure on 
 the report ot such resolutions is now as follows : The ord< i 
 of the day having been called and read, the speaker pio- 
 poses the question — Shall these resolutions be read a Urst 
 time? This is a purely formal motion, and is never dis- 
 cussed or amended. The speakoi' then proposes the next 
 question — Shall these resolutions be read a second time '' 
 The procedure at this stage with respect to amendment and 
 debate, has been explained on more than one occasion by 
 speakers of the English Commons. ""When the question 
 is put," said Mr. Speaker Deuison, "it is open to anyhon. 
 member to make any gentn-al observations he may think 
 necessary,'" but they should bt; "relevant to the siibje( t- 
 
 » 158 E. Hans. (3), IIGT, 1208. Here Lord Palinerstou showed tlie 
 wisdom of the rule. Only in cases of ^reat urgency will this rule be 
 departed from. Since the revolution, only one instance has occurred in 
 England ; and that was, in 17!I7, on the occasion of the mutiny at tlie 
 Nore. 52 E. Com. J. 552, G05. 
 
 2 Can. Com. J. (1882), 500-505. See hifra, p. 497. 
 
 ='Can. Com. J., [1878] 241», i^c, (supply); Ih., [1879], 193, (ways and 
 means). In 1S77 the question for the second reading was not regularly 
 put, and an entry was made in the journals to guard against such irregu- 
 larities in the future. Can. Hans. 1171 ; Jour. 97, 174, 224, 330. 
 
 * 174 E. Hans. (3), 1550-52. 
 
1>E11ATK OS liEPOUT. 401 
 
 mattt^r." ' With rospert to ain«»n(lmont, Mr. Spojikcr Bran<l 
 tsaid on i subsecjUfiit otcasioii : "The ostahlislu'd rule »»l 
 tlobato \i> tliat (he observations of lion. nifnilxTs sliouM 
 be relevant to th(^ (question put from the «hair. Th»'r«' is 
 one ex«ei)tion to that rule, and tlnit is. wh^'U a motion is 
 made that iiis house resolve itst'il" into comniittee of sup- 
 ply ; ujion that occasion irrelevance of debate — that is, 
 debate not relevant to the su))ject-matter proposed to Ije 
 discussed in committee — is allowed; but I am not aware 
 of irrelevant matter, generally speaking, being allowed 
 upon any other occasion. No doubt considerable latitude 
 of discussion has luien allowed oc<'asionally on the report 
 of supply ; but I know of no instance where an irrelevant 
 amendment has ))een allowed on the motion that resolu- 
 tions adopted in «ommittee of supply b«' read a second 
 time." - If th(^ house ai^Tee to read the resolutions a second 
 time the clerk in the Canadian house will proceed to read 
 each separately. The speaker puts the question for con- 
 currence in each resolution, and ])oth amendments and 
 debate must be relevant to the same in accordance with 
 English practice.' For instances on the question for agree- 
 rng to a resolution providing a sum of money for ])rinting. 
 in connection with the Queen's Colleges (Ireland), !Mr. 
 Parnell was proceeding to discuss the general subject, 
 when he was interrui)ted by Mr. Speaker Brand and re- 
 minded that " on the question of a vote for stationery, it 
 was not competent for him to enter into a general discus- 
 sion on the subject of those colleges." ^ 
 
 ' 162 E. Hans (3), (>22 ; 20() Ih., i;](i7-S. 
 
 ^ 243 lb. 154!i. 
 
 ' 174 Ih., 1551. 
 
 * 240 Jh. 348. Also 231 lb., 749. For procedonts of amendments and 
 debate on reports of resolutions in En<:lish Commons, see 12!) E. Com. .7. 
 264 (supply) ; 115. E. Hans. (3), 1135, (ways and means) ; jNIirror of Pari. vol. 
 xiv., p. 4722 (supply) ; 144 E. Hans. (3), 2151 (supply). In the last cas& 
 mentioned, Mr. Gladstone moved, on the second reading of resolutions for 
 supply, (navy estimates), an amendment looking to the reduction of the 
 public expenditures. 
 
492 SUPJ'LV AM) WAYS AM) MJ:AXS. 
 
 Resolutions reported from committees of supply or ways 
 and means are frequently postponed after they have been 
 read a second time.' Or, on the reading" of the order 
 for the reception of the report, it may be referred back to 
 committee for the purpose of making certain amendments. - 
 Or the resolutions, as in 18t0 — when the whole tariff was 
 revised — may be all sent back to committee after the 
 second reading.' Any resolution may be withdrawn on 
 the second reading.' 
 
 Any resolution from supply may be reduced after report 
 Avithout goinu' back into committee.' though it is some- 
 times convenient to do so for that purpose.'' When reso- 
 lutions are reported, members are restricted to one speech 
 on each question.'^ 
 
 It is not allowable at this stage — more than at any 
 other — to increase or alter the destination of a grant of 
 money, recommended by the governor-general.'^ But it is 
 always in order to propose an amendment stating the con- 
 ditions under which the house makes a grant of money." 
 
 It is also finite regular at this stage to move an amend- 
 ment to an amendment to a resolution.'" 
 
 In case it is proposed to increase a grant, it can only 
 be done with the recommendation of the Crown, and in 
 
 ' Can. Com. .T., [1874], 170; Jh., [1877], 297 ; 119 E. Com. J. 324 ; 129 lb. 
 197; 131 76.60; 132/6. 300. 
 
 ■= Can. Com. J., (1874), 144. 1]*^ E. Com. J. 211. 
 
 •" Can. Com. J., [1879], 201. 
 
 * lb. (1807-8), 94 ; lb. (1879), 411. In the Englisli house it is usual " to 
 disagree" ■with a resolution not to be proceeded with ; 129 E. Com. J., 100. 
 
 5 129 E. Com. J., 164 ; Can. Com. J., (1873), 374; lb. (1878), 24. 
 
 •'Can. Com. J., [1873], 356, 372; lb. (1878), 249, 
 
 ' Unless, a.s is .>^ometinies done, it is agre-ed to allow the same latitude 
 as in committee, for the convenience of the house. Can.jHans. 1878, May 2. 
 
 *• Mennonite grant ; Can. Com. J. (1875), 140. Can. Sp. D., :No. 160, lOth 
 of June, 1869; No. 176, 6th of May, 1870. 148 E. Hans. (3), 392 ; 170 lb. 
 1884. 
 
 « Mennonite loan, 1875 ; Can. Pacific R. R., 1876 ; 78 E. Com. J. 443. 
 
 '» Can. Com. J. (1875), 141 ; lb. (1877), 105. 
 
INCREASE OF A VOTE. 
 
 408 
 
 committee of supply/ The resolutiou is recommitted and 
 the committee will report that a further sum has beeu 
 voted in addition to that previously granted. But unless 
 the government signify the recommendation of the gov- 
 ernor-general, the committee cannot increase a grant." In 
 the session of 1883, when a report of the committee of 
 supply was under consideration, it was pointed out that a 
 resolution of $8,000 for the purchase of certain property 
 required for government purposes did not represent the 
 actual expense that would be incurred, but that the vote 
 should be for i$ll,000. It was suggested that the premit^ 
 give the recommendation of the Crown and increase the 
 vote before the adoption of this particular item of the 
 report. On consideration, however, it was seen that such 
 a proi'eeding at that stage was irregular, and the leader of 
 the government stated he would bring down a sup- 
 plementary vote for $3,000.' 
 
 A precedent from English practice will show what is 
 the correct proceeding when it is necessary to increase a 
 grant after report. In 1858, a vote of ^015,118 for the 
 general register house at Edinburgh w^as reduced by 
 =£1,000 in committee of supply. The sense of the house, 
 however, on further consideration of the matter, being 
 opposed to the reduction, it was agreed on the report 
 of the committee to recommit the reduced vote. Subse- 
 quently the vote was formally increased by the addition of 
 .£1,000, and reported to the house.' Here, it will be seen 
 that the grant was not increased beyond the sum origin- 
 ally recommended by the Crown. In the case which 
 occurred in the Canadian Commons, the committee could 
 not have increased the vote, had it been recommitted, 
 until a message was received authorizing the additional 
 
 ^ 3 Hatsell, 179. 
 
 ^ Can. Sp. Dec, No. 199 ; 11th June, 1872. 
 
 ' Author's notes. Can. Hans. (1883), 1316-17. 
 
 * 113 Com. J. 211, 314, 320 ; 150 E. Hans. (3), 1502, 1585. 
 
494 
 
 SUPPLY AND ]VAYS AND MEANS. 
 
 sum required.' Tho most regular and couTenieut pro- 
 cedure under all the circumstances was that finally pro- 
 posed by the premier. 
 
 On tho same principle any increase in the imposts should 
 be made in committee of ways and means.* But it must 
 be rememberi^d that it is always regular to propose an 
 amendment on the report from the (^ommittee either for 
 the repeal or reduction of proposed duties, even when 
 those duties are actually reduced below what they had 
 been i)reviously. ' Neither is it necessary to go back into 
 committee to strike off certain articles from the free list, 
 provided the duty is left as payable under the existing 
 law.* 
 
 But every new duty must be voted in committee : " So 
 strictly is the rule enforced which requires every new duty 
 to be voted in committee, that even where the object of a 
 bill is to reduce duties, and the aggregate amount of 
 duties will, in fact, be reduced, yet if any new duty, how- 
 ever small, be imposed, or any existing duty be increased 
 in the proposed scale of duties, such ne\^ ^ increased duty 
 must be voted in committee either before or after the intro- 
 duction of the bill."^ 
 
 It is the ordinary practice in the Canadian house to 
 propose to go back into committee when an amendment 
 is moved, after report, for the reduction or repeal of duties." 
 In fact, it is considered the more convenient course to con- 
 sider all changes in the tariff in committee of ways and 
 means." 
 
 ^ Supra, p. 484. 
 
 '' Supra, p. -. SS, 155 E. Hans. (3), 991 ; 3 Hatscll, 107 ; 124 E. Com. J. 203. 
 
 ^ May, G85-7 ; 101 E. Com. J. 323, 335, 349. In 1880 the house went 
 back into committee (Jour. p. 212) to add certain goods to the free list — 
 an altogether superfluous proceeding, arising from a misconception of the 
 functions and meaning of a committee of the whole. 
 
 * Can. Com. J. (1882), 469, 470 ; item 3, books, charts, &c. See May, 685. 
 
 ■' May, 687 ; 109 E. Com. J. 330. 
 
 « Can. Com. J. (1867-8), 92 ; lb. (1874), 241, &c. 
 
 ' Can. Com. J. (1874), 144. 
 
BILLS OF TAXATIOX. 
 
 495 
 
 "When thore are a large number of items in a resolu- 
 tion reported from committee of ways and means — as 
 was particularly the case in the tariff of 1879 — it is most 
 convenient to take up each item separately and discuss it 
 as a distinct question, to be agreed to, amended, or nega- 
 tived.' "When the debate on a resolution cannot be ter- 
 minated a. -I sitting, it is necessary to postpone the con- 
 sideration of the remaining items before the adjv)urnment 
 of the house is moved/ 
 
 It is the practice in the Canadian House of Commons 
 to give operation immediately to the resolutions embody- 
 ing customs and excise changes, by agreeing to a resolu- 
 tion to that effect in committee of the whole." Accordingly 
 the new taxes are to be collected from the date mentioned 
 in the resolution ; but in case the tariff is changed or fails 
 to become law, then the duties " levied by antit*ipation " 
 must be repaid to the parties from whom they had been 
 collected.^ 
 
 X. Tax Bills.— When the resolutions amendiug the tariff, 
 or imposing any charges upon the people, have been 
 agreed to by the house, they are embodied in one or more 
 bills which should i:)ass through the same stages as other 
 bills.' Resolutions against the principle of such bills 
 may be proposed at the different stages." It is also regular 
 to move amendments in the committee on the bill, for the 
 repeal or reduction or modification of any charge or duty 
 
 1 Can. Com. J., (1879), 200-7 ; 271-0, 6cc. 
 
 - lb. (1879), 27(). 
 
 ^ Can. Com. J. (1874), 59, 140 ; lb. (1879), 108. Sometimes certain 
 alterations are deferred until a later date, and, if so, the resolution must 
 expressly state it ; lb. [1883], 230. In the English house the executive 
 government, on their own responsibility, give immediate effect to the 
 resolutions as soon ae they are reported and agreed to by the house. I. 
 Todd, 413. 
 
 * 1 Todd, 513-4 ; 99 E. Hans. (3), 1310 ; 150 lb. 1274 ; 100 lb. 1827. 
 
 ^ Can. Com. J. (1807-8) 93-94, 200 ; lb. (1877), 220, &c. 
 
 « lb. (1870), 298, 299. 
 
496 
 
 SUPPLY AND WAYS AND MEAXS, 
 
 upon the people.' When such amendments are necessary, 
 after the 1)111 has come up from committee, it is always 
 proposed to go back into committee to make the contem- 
 plated chang-es.- But, it must be always borne in mind 
 that any duty or increase of duty, must be previously 
 voted in committee of ways and means, and then referr<'d 
 with instructions to the committee on the bill.' As the 
 resolutions on which the bill is based are always dis- 
 cussed at great length, the members opposed to its politv 
 are seldom disposed to raise further debate during its pas- 
 sage, though they may think proper at times to express 
 dissent and even divide the house on the cpiestion.' 
 
 The committee of the w^ hole is frecjuently dispensed with 
 in the case of customs or taritf bills when they have been 
 exhaustively discussed on the resolution,' and it is not 
 necessary to make any alteration in the bills themselves. 
 In the sessions of 1882 and 1883 the bill was committed, 
 as it was necessary to make some immaterial amend- 
 ments.*' 
 
 XI. The Appropriation or Supply Bill.— When all the esti- 
 mates have passed through committee of supply," the 
 finance minister will move to go again into committee of 
 ways and means for the purpose of considering the usual 
 formal resolutions for granting certain sums ovit of the 
 consolidated revenue fund of Canada " towards makinu 
 good the supply granted to her Majesty." "^ These resolu- 
 
 ' May, 687-8 ; 108 E. Com. J. 640 (committee on customs' acts). 
 
 ■ Can. Com. J. [1867-8], 403, 415 ; lb. [1874], 241. 
 
 ^ Supra, p. 494, 155 E. Hans. Wl ; 132 E. Com. J. 112 ; 137 Ih. 365-6, &c. 
 
 * Can. Com. J. (1874), 241. Can. Ilane. (1879), 1806. 
 
 ^ Can. Com. J. (1880-1), 367. 
 
 « lb. (1882), 492 ; lb. (1883), 408. 
 
 ' But the practice is never to allow the committees of supply and ways 
 and means to lapse but to keep them alive to the very last moment of the 
 session. Can. Com. J. (1877), 341, 352 ; lb. (1879), 384, 431. 
 
 ** Can. Com. J. (1879), 431. By some inadvertency, the supply resolutions 
 were in 1877 (p. 352) referred to committee of ways and means ; as the 
 
SVPl'LY BILL. 
 
 497 
 
 tioiis must be reported and agreed to formally by the 
 house before the bill founded thereon can be introdueed. 
 
 AYhen the resolutions in question have been ag-reed to 
 by the Commons, the finance minister is able to present 
 the appropriation or supply bill, which gives in detail all 
 the grants made by Parliament. The preamble ditfers 
 from that of other bills, inasmuch as it is in the form of 
 an address to the sovereign — a subject which is more con- 
 veniently treated in the first section of the followins' 
 chapter on bills. 
 
 It is enacted in the supply bill that a detailed account 
 of the sums expended under the authority of the act shall 
 be laid before the House of Commons during the first 
 llfteen days of the following session of Parliament. In 
 the last section of this chapter will be found a brief 
 review of the law regulating the mode of auditing the 
 appropriations under the act.' 
 
 The Canadian House of Commons frequently allows the 
 supply bill to pass two or more stages on the same day- 
 In 1867-8, it was passed with intervals of one or more 
 days between each stage, and was amended in committee 
 of the whole. In 1869 and 1870 it passed several stages 
 on the same day, and was never committed. In 1871, it 
 passed its second and third readings on different days, but 
 was never considered in committee of the whole. In 
 1877 and 18^2, the resolutions from ways and means 
 were at once agreed to, and the bill passed through 
 all its stages at one sitting.- In 1878' and 1879,^ it 
 passed all its stages on the same day. This practice is 
 
 house goes into that committee to provide the means to meet the sums 
 already declared necessary for the pubhc service the reference was not 
 only unnecessary, but without precedent. 
 
 1 Can. Com. J., (1883), 434 ; 46 Vict. c. 2. " An act for granting to her 
 Majesty certain sums of money required for defraying certain expenses of 
 the public service for the financial year," &c. 
 
 ' lb. [1877], 352, 353 ; Ih. [1882], 505. 
 
 ^ Ih. (1878), 296. 
 
 * 26. (1879), 433. 
 
 32 
 
408 
 
 SUPPLY AND WAYS AND MEANS. 
 
 entirely at variauce with the wise principle — a principl.- 
 only to be relaxed in cases of grave i>ublic necessity — 
 which requires the resolutions to be reported, and the 
 different stages of the bill to be taken on different days' 
 No instance can be found in the English journals of two 
 stages of a money bill being taken at the same sitting.- 
 Only two instances have occurred since 186Y in the Cana- 
 dian house of an objection having been formally taken to 
 immediate concurrence in the resolutions on which the 
 supply bill is founded. One happened in 1877, and both 
 speaker and house acquiesced in the force of the objection, 
 as the motion for receiving the report of the committcf 
 was not pressed. Subsequently, however, during thf 
 same sitting, the member who had interposed withdrew 
 his objection, and it was agreed nem. con. to allow the 
 resolutions to be reported and the bill to be introduced 
 and passed forthwith.' Again, in 1879, Mr. Holton ob- 
 jected to concurrence in the report, and it was accordingly 
 held over until next day.' 
 
 It is now becoming unusual in the Commons to raise ii 
 debate or propose amendments at different stages of a 
 supply bill, though it is perfectly regular to take that 
 course. Many illustrations will be found in the English 
 as well as in the Canadian Parliament of the length to 
 which a debate may proceed on a bill of this character. It 
 has been ruled frequently in the English Commions that 
 amendments on the different stages of the appropriation 
 bill are governed by the same rule as is applicable to other 
 
 ' 131 E. Com. J. 62, 65, 67, 74, 76, 79, &c; 239 E. Hans. (3), 1419. 
 
 - Mr. Speaker Brand, 239 E. Hans. (3), 1419. 
 
 ^ Author's notes. No mention of the fact, strange to say, is made in the 
 Canadian Hansard. 
 
 ^ Can. Hans. (1879), 2001-3. The haste with which motions, invohinc 
 pul>lic expenditures are constantly passed through the Canadian house of 
 Commons, particularly at the end of the session, has been frequently de- 
 precated by prominent members. Mr. Holton, 6th of May, 1879, p. 179i» 
 Hansard. 
 
AMESDMENTS TO SUPPLY PILL 
 
 400 
 
 bills. For instance, when a member was attempting to 
 speak of the constitution of the country, he was at once in- 
 terrupted by the speaker.' 
 
 An amendment must be applicable to the bill or some 
 part of it, and discussion thereon should not be allowed 
 the same latitude as on the motion for going into com- 
 mittees of supply and ways and means." This rule, how- 
 ever, does not "preclude a member from bringing a 
 question of foreign or domestic policy before the house 
 upon any stage of the bill, if it be a question that arises out 
 of any of the votes thereby appropriated*' ' Much latitude, 
 however, has always been allowed in the Canadian Par- 
 liament. In the sessions of 18G8 and 1860 members of 
 the opposition reviewed the events of the session at con- 
 siderable length and a debate followed on the motion for 
 the third reading of the bill. In 1870 Mr. Mackenzie, then 
 leading the opposition, refrained from making any 
 remarks during the passage of the bill on account of the 
 illness of the premier Sir John Macdonald.' Since then 
 the old practice of raising discussions on the bill has only 
 been followed at rare intervals. In 1870, a discussion of 
 several hours took place on the Letellier affair, which 
 had been refeiTed to England." 
 
 In a previous part of this work,'' reference has been 
 made to a practice, which cannot be justified, of tacking to 
 a bill of supply certain enactments to which the members 
 of the upper house might have strong objection, but which 
 they would feel compelled to pass rather than take upon 
 themselves the responsibility of rejecting a money bill, 
 
 ' 231 E. Hans. (3), 1162. 
 
 2 211 E. Hans. (3), 1555; 231 lb. 1118, 1158-62 ; 265 Ih. T'do-ij. Can. Sp. 
 D., No. 77. 
 =* 1 Todd, 529 ; 143 E. Hans. (3), 643; 176 lb. 18.59; 256 lb. 967, 1232. 
 
 * Can. Pari. Deb. May 11, 1870. Amendments were proposed at different 
 stages ; pp. 1568-9. 
 
 • Can. Hans. (1879), 2011-2035. 
 " Chapter xiv., s. 6 
 
iOO 
 
 SUPPLY AND WAYS AND MEANS. 
 
 and caiisinji- thereby grave iuconveiiience if not positive 
 injury to the public service. No attempt has ever been 
 made since th(^ establishment of responsible government 
 in Canada to renew a pra«ti(^e which was more than oucc 
 attempted during the conflict between the assemblies and 
 legislative councils. "When recently it was pronosed to 
 move in the English Commons to instruct the committee 
 on the appropriation bill to add to that bill a provision al- 
 together foreign to its subject-matter, Mr. Speaker Brand 
 said : 
 
 " If such an instruction were moved, I should not consider it 
 my duty to decline to put it from tlie chair; but I am bound to 
 say that such a motion Avould be in the nature of a tack to a money 
 bill. I can say positively that no such proceeding has taken ])lace 
 in this house foi' a period of one hundred and fifty years. The 
 House of Lords has always respected the rights and privileges of 
 this house, and has abstained from amending money bills. So in 
 like manner, has this house abstained from sending up money bill< 
 containing anything in the nature of a tack to a money bill. "^ 
 
 Xn. Supply Bill in the Senate.— The supply bill is sent up im- 
 mediately after its passage in the Commons to the upper 
 house, w^here it receives its first reading at once. The 
 bill is generally passed through its several 'stages on the 
 same day, and is never considered in committee of the 
 whole.^ It is usual, however, sometimes to discuss the 
 various questions arising out of the bill at considerable 
 length.^ 
 
 The House of Commons alone has the right to initiate 
 measures for the imposition of taxes and the expenditure 
 of public money. The 53rd section of the British North 
 
 1 256 E. Hans. (3) 1058-9, 1209-10. 
 
 -' Sen. J. (1878), 293 ; Ih. (1879), 293, lb. (1883), 292 (all its stages on same 
 day). In the Lords more time is given for consideration of the bill, ami 
 the question is always put whether the bill shall be committed, and re- 
 solved in the negative. Lords J. (1877), 401, 405. 
 
 ^ Sen. Deb. (1874), 359; lb. (1875), 750 ; lb. (1877), 487 ; lb. (1878), 9S3. 
 
SrrPLY HILL IX THE SEX ATE. 
 
 501 
 
 Amorica A<'t, 1867, enacts that " bills Ibr approp.riatiug- 
 any part of the puhli«^ rovcnuo. or ibr imposiiiir any tax or 
 impost, shall originate in the House of Commons." ' 
 
 In the speech with which the g'overnor-general opens 
 and closes every session of Parliament, he recognizes the 
 constitutional privileges of the House of Commons with 
 respect to the estimates and supply ; for he addresses its 
 members only with respect to those matters. ■ 
 
 The supply bill can only be presented for the assent of 
 the sovereign by the speaker of the House of Commons, 
 and it will be seen bv reference to another page that the 
 address which he makes on such an occasion, like the 
 preamble of the English appro] >'iation act, is an emphatic 
 assertion of the sole right of the Commons to vote the 
 money, and that the governor-general, in her Majesty's 
 name, gives, in the form of his answer, a recognition of 
 this claim.' 
 
 The Canadian Commons have resolved, and placed the 
 resolution among their standing orders, that '' all aids and 
 supplies granted to her Majesty by the Parliament of 
 Canada are the sole gift of the House of Commons " — a 
 resolution taken from that passed by their English pro- 
 totype more than two centuries ago.' 
 
 The constitutional privileges of the Commons in this 
 particular are now tacitly acknowledged by the Senate 
 never attempting to amend the supply bill. If any alter- 
 ation is now made in a money or taxation bill in the 
 House of Lords, it is only of a verbal and unimportant 
 character; but even such an alteration is of very unusual 
 occurrence, and so jealous are the Commons of even an 
 appearance of an infringement of their privileges, that 
 they will make a special entry of their reasons for accept- 
 
 ^ The same section is found in the Union Act, 1840. 
 
 - Sen. J. (1879), 298 ; 132 E. Com. J., 441. 
 
 ' Infra, s. xiii. 
 
 ^ Chapter xviii., s. ii. 
 
502 SrPPLV AND WAYS AND MEANS. 
 
 ing such amendmonts.' Th<' supply bill whon it romos 
 back from the Senate bears the endorsement common to 
 other bills " Passed by the Senate without amendment ;"-' 
 and the propriety of such an endorsation has even b(»cii 
 questioned in the Commons ; but it is always (considered 
 a matter of form and is not noticed in the Commons' 
 journals. 
 
 Though the upper house may not amend a supply bill, 
 yet all the authorities ijo to show that theoretically it has 
 the constitutional riij-ht to reject it in its entirety ; l)ut 
 such a right will never be exercised by a legislative body, 
 not immediately responsible to the people, except under 
 circumstances of grave public necessity.' Either the 
 direct or indirect concurrence of the upper house in every 
 grant of money is constitutionally requisite.' When the 
 Crown sends down a special message to the Commons 
 asking that provision be made for some matter not in- 
 cluded in the estimates, it is usual to forward a similar 
 message to the Senate. ' It is " a well understood principle 
 that the consent of the Lords is indispensable to every 
 legislative measure, whether of supply or otherwise," and 
 it is desirable that they should have a full opportunity 
 given them of considering the policy of all public expen- 
 diture and taxation, after it has been initiated and passed 
 in the Commons.'' 
 
 » 112 E. Com. J. 393 ; 122 Il>. 426. .=^e.e chapter on public bills. 
 
 2 Sen. J., [1879], 293. 
 
 •■' Blackstone's C, 109. DeLolme, book 1, c. 4. Cox on British Institu- 
 tions, pp. 188-9 ; 1 Todd, 459 ; see .wpra, p. 407, for a recent case of a supply 
 bill rejected by the legislative council of the province of Quebec. 
 
 * See despatch of Earl of Bathurst, Aug. 31, 1817. Low. Can. Ass. Jour. 
 II. Garneau, 334. 
 
 5 Sen. J. (1867-8),212, 214 ; Can. Com. J. 187, 201 ; relief to the family of 
 T. D'Arcy McGee, foully assassinated during the session of Parliament. 
 Grant to Sir Garnet Wolseley, 1874, 218 E. Hans. (3), 622, 709. 
 
 « 1 Todd, 433-4. In 1879 resolutions setting forth the policy of the do- 
 minion government with respect to the Canada Pacific R.R. were intro- 
 duced and passed in both houses. Sen. J. (1879), 276 ; Com. J. 418. 
 
nOYAL ASSEXT TO SVPI'LY BII.I.. 503 
 
 Xm. Royal Assent to the Bill.— The supply bill is always 
 rt'turiu'd to the Ilousf of Comiiioiis.' and is tak«.'ii up to 
 the Senate chamher by the speaker, wlu'ii his Ex«'elleii<y 
 the Grovernor-General has summoned the Commons for t he 
 purpose of ]>roroguing Parliament. When all the bills 
 passed by both houses have been formally astsented to, or 
 reserved for the signilieatiou of her Majesty's pleasure 
 thereon, Mr. Speaker will present the supply })ill with 
 the usual speech. 
 
 "May it ])len8c your Excellency: The Commons of Canada 
 have voted the Hupplics Tccpiired to cnaMe the government to 
 defray the exj)enses of the public service. In the name of the 
 Commons, I present to your Excellency a bill intituled," etc.-' 
 
 The clerk of the Senate will then proceed to the bar, 
 and receive from the speaker the supply bill, with which 
 he wnll return to the table ; and the clerk of the crown in 
 chancery will then read the title of the bill in the two 
 languages. This done, the clerk of the Senate signifies 
 the royal assent in the following words : 
 
 " In her Majesty's name his Excellency the Governor-General 
 thanks her loyal subjects, accepts their benevolence, and assents 
 to this bill." '' 
 
 ' It is privately retnrnod to the clerk, who hands it to the speaker. Soe 
 :]Hatsell, l(il-2.' 
 
 ^ In accordance with an old usa^e of the English Parliament (3 Ilat- 
 .sell, 163) the sjxiakers of tlio legislative assemblies of Canada were accus- 
 tomed, before presenting tlie .supply bill, to deliver an address directing 
 the attention of the governor-general to the most important measures 
 that had been passed during the session. T^g. Ass. .T. [186-5], o8H; Ih. 
 [1866], 270. On the 22nd of .Tune, 1854, when the legislature was sud- 
 denly prorogued by Lord Elgin, after only a week's session, tlie speaker 
 took occasion, before the delivery of his Excellency's spt«ch, to refer to 
 the fact that no act had been passed or judgment of parliament obtained 
 on any question since the house had been summoned a few days before ; 
 76. [1854], 31; II. Dent's Canada, 294. The last occasion on which the 
 speaker availed himself of this old privilege was in 1869, and then he 
 made only a brief reference to the importance of the measures of the 
 ses6ion ; Can. Com. J. [1869], 312. 
 
 =• Sen. J. (1883), 297 ; Com. J. 441. 
 
o04 
 
 SUPPLY AM) 1IJ1.S.1.\7> J//;JAX 
 
 XIV. Address to the Crown for a certain Expenditure, &c.— It has 
 happeiied on a r«'\v ocjasions in tho Kniilisli House ol 
 Commons \v1i«mi iho t'stiniatt's have all ironc through the 
 committee ol' supply, and when in consecjuenco of the 
 lateness ol' the session or ibr some other reason, it is not 
 convenient to make a grant ther<'in, th«^ House of Com- 
 mons will aticree to an address to the sovereii^n for a<«'rtaiii 
 ex[>enditun^ of ])ublie money, with an assurance that "this 
 house will make ijfood the same.'' This practice has been 
 followed only on one occasion in the Canadian Parliament 
 since 18GT ; and that was at the close of the S(\ssion of 18T->- 
 when the death of Sir Greori^ii ll]tienn«^ Cartier was announc- 
 ed. Sir John Macdonald, then premier, moved an address 
 to the jTovernor-general praying that '" h(» woidd be gra- 
 ciously pleased to give directions that th«* remains of the 
 deceased statesman be interred at the public «^xpense," and 
 assuring his Excellency that " this house will make good 
 the expenses attending the same.'"' The course pursued on 
 that occasion was in accordance with the precedents in the 
 cases of Lord Chatham in 1778, and of Mr. Pitt in 1806, to 
 whom monuments were voted by Parliament." But since 
 that time the House of C^ommons has adopted a standing 
 order requiring that all such addresses should originate in 
 committee f and as the Canadian rule is, in all unprovided 
 cases to follow English iisage. the address for a publi« 
 funeral to Sir G-eorge Cartier should obviously have been 
 in conformity with the later English practice, and should 
 have originated in committee of the whole.' 
 
 The right of a private member in the English Commons 
 
 ' Can. Com. .T. [1873, first session], 4o(i. 
 
 - 36 E. Com. J. ;[1778], !)72 ; (U Ih. (1S0()), lo. Also, Lord Nelson ; 61 
 E. Com. J. 16. Sir R. Peol, 18,50 ; 105 E. Com. J. 512. Vis. Palmerston, 
 1866 ; 121 E. Com, J. 100. 
 
 ^ May, 691. Vis. Palmerston, 1866 ; 121 E. Com. J. 100. See S. 0., 
 Ixxiv. 
 
 * So particular is the English house in adhering to this practice that 
 Avhen an irregularity has been discovered, the order for an address has 
 been discharged and proceedings commenced de novo in a regular manner. 
 
M>i)ni:ss TO Tin-: cnows. AO") 
 
 to move an address fo th«» Crown for a uri'anf of puhlii- 
 money to Ix' provided by rnrlianiont — such address as 
 \v»' have j'usi s(mmi, to ori^'inatc in ^'oniinittcc — appears to 
 he admitted l)y all th»' Enulish authorities. Tlie form of 
 the motion 'that this house will make i»'ood the same," 
 makes the royal re<ommendation unnecessary.' When the 
 House of Commons amended their standing' orders, as they 
 ai)i)ear now. the <hancellor of the excliccpier reeognised the 
 rii»ht of anv member to move an address — " the ancient and 
 truly constitutional method of expressiu'JT the desire of the 
 house, that some pu)>lic expenditure should bi^ incurred. " 
 The effect of such a motion is not ultimately to bind the 
 house, but to throw on the Crown the responsi])ility of 
 accepting or declining' that address.- 
 
 It must be remembered, however, that the express Lm- 
 uuage of the r)4th section of th<» 11 N. A. Act, 1807, for- 
 bids any private mem])er in the Canadian Commons to 
 move for an address for a n'rant of ])ublic money, without 
 a recommendation of the Crown.' It is still necessary, 
 however, to insert the words. " that the house will make 
 i^ood the same,'' because the grant so authorized upon an 
 address, must afterwards be included in a regular bill of 
 appropriation. 
 
 XV. Audit of Appropriation Accounts.— For the more complete 
 examination of the public accounts and the reportina' 
 thereon to the house, there is an officer, appointed under 
 the great seal, called the auditor-general, who holds office 
 
 See atldross for a statuo to Vi.scount Goufj^h, Ma}', 6i»2. 125 E. Com. J. 
 3.>5, ;5G2, 36S. Also IKS E. Com. .1. 321 ; IfMi I h. 189. 
 
 ' 1 Todd, 43G, ri. ; 437, ii. and 438-444. Also 221 E. Hans. (3), 7G(), where 
 a member moved, on motion for j?oinjr into supply, that the hotise <xo into 
 committee of the whole on a future day to ronsider the grantin<r of a 
 pension, and to a.s.suro her Majesty that the hou.se would make good the 
 same. 
 
 - 1S2 E. Hans. (3), 598. But this right should only Ix? exercised under 
 I'jeeuliar and exceptional circumstances ; lb. 593, ^Ir. Gladstone. 
 
 '' ISupra, p. 463. 
 
506 
 
 SUPPLY AND ]yAyS AND ^fEAXS. 
 
 during good behaviour, but is removable by the governor- 
 general, on address of the Senate and House of Commons.' 
 When any sums have been voted by Parliament for speci- 
 iied public purposes, the governor, from time to time, issues 
 his warrant, authorizing the minister of iinance to issue 
 such sums as may be required to defray those expenses. 
 The minister of finance will then, on the application of tin' 
 auditor-general, cause credits to be opened in favour of the 
 several departments or services charged with the expendi- 
 ture of the moneys so authorized. These credits are issued 
 on certain banks, authorized to receive public funds, mid 
 the law provides a thorough system of checks over all 
 payments for public purposes. No credit can issue in favour 
 of any department or service in excess of any vote sanc- 
 tioned in the supply bill or any act of parliament. It is the 
 duty of the auditor-general to see that no cheque goes out 
 unless there is a parliamentary appropriation for the same, 
 He is to certify, and report upon, the issues made from the 
 consolidated revenue fund in the linancial year ending the 
 30th of June preceding, for the interest and management 
 of the public funded and unfunded debt, and all other 
 expenditures for services under control of the minister of 
 finance. He certifies as to the authority under which 
 these issvies are made, and his report thereon is laid before 
 the House of Commons by the minister of finance on or 
 before the 31st January, if Parliament be then sitting ;- ii 
 not, then w^ithin one week after the houses have assembled. ' 
 The accounts of the appropriation of the several grants 
 comprised in the appropriation, or any other act for the 
 year ending the 30th of June preceding, are prepared by 
 the several departments and transmitted for examination 
 to the auditor-general, and to the deputy of the minister 
 
 ^ 41 Vict. c. 7. A summary of some of the more imjxtrtant proviisioiis 
 of this act follows in the text. 
 
 - Can. Com. J. (1880-81), 40. Parliament met on the 9th of December, 
 and the report was presented on the 14th of the same month. 
 
 •' lb. (1883), 28. 
 
 1 
 
A UDIT OF APPROPRIA TION A CCO UXTS. 507 
 
 of finance, an l when certified and reported upon, they are 
 laid before the House of Commons. These accounts are 
 oarefully examined by the auditor, who, in his report to 
 the house, calls attention to every case in which cheques 
 have been issued without his certificate, or in whicli it 
 appears to him that a grant has ])cen exceeded, or that 
 money received by a department from other sourres than 
 the grants for the year to which the accounts relates has 
 not been applied or accounted for according to the direc- 
 tions of Parliament, or that a sum charged against a grant 
 is not supported by proof of payment, or that a payment 
 so charged did not occur within the period of the account, or 
 was for any other reason not properly chargeable against the 
 li'rant. The act provides that if the minister of finance does 
 not, within the time prescribed in the statute, present to the 
 house the report of the auditor on these or other accounts, 
 the latter shall immediately transmit it himself to the 
 Commons. All balances of appropriation which remain 
 unexpended at the end of the financial year lapse and are 
 written off, but the time for closing these accounts may be 
 continued for three months froiu the 30th of .Iunt% provided 
 there is sufiicient cause shown for doing so in an appli- 
 cation to the governor in council. In case the money 
 cannot be expended before the 1st of October, and it lapses 
 accordingly under the law, a memorial may be addressed 
 to the governor in council, setting forth the facts, and if it 
 is found expedient to authorize the payment of the money, 
 a warrant is issued in due form. Special warrants may 
 issue, in any case, when any expenditure not foreseen 
 or provided for by Parliament is urgently and immediately 
 required for the public good ; and a statement of all such 
 warrants is laid before the house, not later than the third 
 day of the next session.^ As a rule, all grants, not expended 
 within the financial year, and still required for the public 
 i^ervice, are re-voted, in whole or in part, in the estimates 
 
 ' Can. Com. J. (1883), 47 ; 41 Vict. c. 7, s. 32, sub. s. 4. 
 
508 
 
 SUPPLY AM) WAYS AND MEAXS. 
 
 when they are brought down in the following' year — the 
 printed copies of the estimates having a column, when 
 necessary, to indicate the amount of this re-vote.^ 
 
 A detailed statement of all unforseen expenditures, 
 made under order of council, is also laid before Parliament 
 during the first fifteen days of each session.- 
 
 In the session of 1880, the committee of public accounts, 
 to whom the report of the auditor-general is always referred, 
 considered several matters therein mentioned, and made 
 the following, among other recommendations, which were 
 formally adopted by the house." 
 
 Orders concerning Grants of Supply. 
 
 1. The description of the service for which a vote is given 
 should be as detinite as is practicable, so that no one vote may 
 be applicable to the same purpose for which another vote is 
 given. 
 
 2. The description of the sub-heads into which votes are divided 
 should be as definite as is practicable, so as to avoid questions as 
 to the particular sub-head to which any particular item of expen- 
 diture should be charged. 
 
 3. The supplementary votes^ should be divided as near as may 
 be into the same sub-heads as the main votes to which they arc 
 supplementary. 
 
 4. Where large votes are taken it is desirable to divide theui 
 into sub-heads, so as to give in the estimates as much detailed 
 information as is possible, 
 
 5. Votes which are intended as grants to institutions or indivi- 
 duals should be distinctly so specified ; and no vote should be con- 
 sidered as so intended unless so specified. 
 
 6. The supply bill should contain the sub-heads of the votes on 
 which it is based. 
 
 ' See estimates for 1883 in Sess. P. for 1882, No. 2, pp. 44-5 &c. 
 
 - This statement appears in accordance with the provisions of the appro- 
 priation act of every year. Can. Com. J. (1883), 40; 45 Vict, c. 2, sched. B. 
 
 ■' Can. Com. J. (1880), 183. 
 
 * The reference here is to the supplementary estimates brought down 
 with, or subsequent to, the main estimates. 
 
A UDJT OF APPROPRIATIOX ACCOUNTS. oOD 
 
 7. It is the duty of those responsible for the estimates to make 
 the calculations on which the main vote and its sub-divisions are 
 I'ounded as carefully and closely as practicable, and their atten- 
 tion to this duty will be increased by their being expected to 
 lumish reasons for discrepancies/ 
 
 PreAaous to bringing down the foregoing report, the 
 .ommittee recommended the auditing by the auditor- 
 general of the accounts of the two houses for salaries and 
 (.'ontingencies, members' indemnity, printing and library. 
 These recommendations were immediately adopted in the 
 Senate and Commons. The committee, in their second 
 report, suggested that the Audit Act should be so araiended 
 as to give effect to the recommendations in c^uestion ; but 
 Parliament has not as yet taken any steps in this direction. 
 
 ' Sen. J. (1S80), 96-7 ; Com. J. 125-6. See mpra, pp. 184-5. 
 
CHAPTER XVIII. 
 
 PUBLIC BILLS. 
 
 1, Explanatory. — II. Bills of appropriation and taxation must originate 
 in the Commons. — III. Introduction of bills. — IV. Bills relating to trado. 
 — V. Or involving public aid and charges on the i)eopIe. \1. Secon«l 
 Heading. — YII. Order for committee of the whole. — VIII. Instructiont*. 
 — IX. Reference to select committees. — X. Notice of pro2>osed amend- 
 ments in committee. — XI. Bills reported from select committees. — XII. 
 Proceedings in committee of the whole. — XIII. Reports from such com- 
 mittees- — XIV. Bills not referred. — XV. Third Reading. — XVI. Motion 
 that the bill do pass. XVII. Proceedings after passage ; amendments ; 
 reasons for disagreeing to amendments. — XVIII. — Revival of a bill tem- 
 porarily superseded. — XIX. Introduced by mistake. — XX. Expedition 
 in the passage of bills- — XXI. Once introduced not altered except b\ 
 authority of the house. — XXII. Correcting mistakes during progress.— 
 XXIII. Loss of a bill by accident during a session. — XXIV. Once re- 
 jected not to be again offered in the same session; exceptions to general 
 rule. — XXV. Royal assent ; changes in governor-general's instructions 
 as to reserving certain bills ; assent always given in the presence of tlio 
 two houses ; cases of bills assented to by error. — XXVI. The assent in 
 the provincial legislatures. — Pruoctice of >eserving and vetoing bills-— 
 XXVII. Amendment or rei)eal of an act in same session. — XXVIII- 
 Commencement of an act. — XXIX. The statutes and their distribution. 
 
 I. Explanatory.— Accordiug- to parliamentary practice :i 
 bill is an incomplete act of Parliament. It is only when 
 it receives the assent of all the branches of the legislativo 
 power that it becomes the law.^ A bill is, generally 
 speaking, divided into several distinct parts : 1, the title : 
 
 2, the preamble and statement of the enacting authority : 
 
 3, the body of the act, consisting of one or more proi)Osi- 
 tious, known as clauses ; 4, the provisions, and 5, the 
 
 ^ Sweet's Law Dictionary. II. Stephen's Comm. 383. 
 
PREAMBLE— EXA CTING A VTHORITY. 511 
 
 Schedules.' The provisos and schedules may not bo 
 necessary in every act, while publi(^ statutes frequently 
 omit any preamble, or recital of the reasons of the enact- 
 ment, and contain only a statement of tht^ enactinu; 
 authority. The Interpretation Act- provides : 
 
 1. " The following words may bo inserted in tlie preambles of 
 statutes and shall indicate the authority by virtue of which they 
 are passed: " Her Majesty, by and with the advice and consent 
 of the Senate and House of Commons of Canada, enacts as fol- 
 lows: 
 
 2. '' After the insertion of the words aforesaid which shall fol- 
 low the setting forth of the considerations or reasons upon which 
 the law is grounded, and which shall, with these considerations 
 or reasons, constitute the entire preamble, the various clauses of 
 the statute shall follow in a concise and enunciative form." ^ 
 
 The only exception to this form of enactment is the 
 preamble of the supply bill, which is in the form of an 
 address to the queen : 
 
 " Most gracious Sovereign : whereas it appears by messages 
 from his Excellency, the Governor-General, and the estimates 
 accompanying the same, that the sums hereinafter mentioned 
 are required to defray certain expenses of the public service of 
 the dominion, not otherwise provided for, for the financial years, 
 etc. 
 
 ''May it therefore please your Majesty that it may be enacted ; and 
 be it enacted by the Queen's Most Excellent Majesty, by and with 
 the advice and consent of the Senate and House of Commons of 
 Canada." 
 
 1 See 46 Vict. c. 30, (Liquor License Act, 1883), which contains all tho 
 parts of a complete act as given in the text- 
 - 31 Vict, c 1, " An act respecting the statutes of Canada." 
 ^ In acts of Ontario, Quebec, Manitoba, and British Columbia, her Ma- 
 jesty's name is used as in acts of the Dominion Parliament. In Nova 
 Scotia, New Brunswick and P. E. Island, bills are enacted by the lieut.- 
 governor (governor simply in the former province) council and assembly. 
 In the North West territories, ordinances are enacted by the lieut.- 
 governor, by and with the advice and consent of the council. The same 
 practice was followed in the legislatures of the old provinces before 
 confederation. 
 
512 
 
 PVIUJC BILLS. 
 
 This preamble app3ars in all bills of appropriation since 
 the union of Canada in 1840,' and differs from the English 
 form in similar bills sinei^ it does not assert in express 
 terms the sole right of the Commons to grant supply. The 
 preamble of the English act sets forth : 
 
 ""We your ^Eajesty's most diitil'ul and loyal subjects, the Com- 
 mons of the United Jvingdom of Great Britain, in Parliament 
 assembled, towards making good the supply whi(di we have 
 cheerfully granted to your Majesty in this session of Parliament, 
 have rcsolvoil to grant unto your Majesty the sums hereinafter 
 mentioned, and do therefore most humbly beseech your Majesty that 
 it may be enacted; and be it enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advice and consent of the Lords', 
 spiritual and temporal, and Commons," etc. 
 
 • It will be seen that the form of the enacting authority, 
 is substantially the same in each, and differs from that of 
 bills in general since it contains a prayer to her Majesty, 
 that it may be enacted. This form appears to be derived 
 from the old practice of the English Commons centuries 
 ago, when bills were presented in the shape of petitions 
 to the king. While the language of a petition is still 
 retained as above in certain bills, the declaration of the 
 advice and consent of the two houses of Parliament has 
 been added in the course of time in accordai:^"e .with the 
 modern form of statutes.^ 
 
 Bills are divided into two classes. The first-class com- 
 prises all bills dealing with matters of a public nature. 
 
 • Before the union, the preamble in appropriation acts of the old assem- 
 blies of Lower and Upjier Canada contained uo reference to the gover- 
 nor's message, but this was the only difference in form. Upp. Can. Stat. 
 :? Will. I\., c. 26 ; Low. Can. Stat. 41 Geo. III., c. 17. After the iniioii, 
 the messages of the governor-general, recommending supply, were always 
 mentioned in the preamble of the act; Can. Stat. 4 and 5 Vict- c. 12. 
 
 •^ See on this subject, which is interesting to students of legal archaeology, 
 an elaborate preface by Owen Ruff head, to the first volume of his edition 
 of the statutes at large. Towards the close of the reign of Henry VL, 
 bills in the form of acts, according to modern custom, were first iiuro- 
 duced. Cushing, pp. 796, 819. 
 
MONEY OR TAX BILLS. 
 
 513 
 
 and may be introduced for tho most part directly on 
 motion. The second class comprises su(^h bills as relate 
 to the affairs of corporations or individuals, and can only 
 1)6 presented on the petition of the parties interested, and 
 in conformity with certain standing orders which are 
 always strictly enforced. It is proposed in the present 
 chapter to deal exclusively with public bills. Another 
 part of this work will be devoted to the rules and practice 
 governing the introduction and passage of private bills. 
 
 n. Appropriation and Taxation Bills.— As a general rule, pub- 
 lic bills may originate in either house ; but whenever 
 they grant supplies of any kind, or involve directly or in- 
 directly the levying or approi^riation of any tax upon the 
 people, they must be initiated in the popular branch, in 
 accordance with law and English constitutional practice.^ 
 Section 53 of the British North America Act, ISGt, ex- 
 pressly provides : 
 
 " Bills for appropriating any part of the public revenue, or for 
 imposing any tax or impost shall originate in the Houye of Com- 
 mons." 
 
 And a standinor order of the House of Commons declares 
 exi^licitly : • 
 
 " All aids and supplies granted to her Majesty by the Parlia- 
 ment of Canada are the sole gift of the House of Commons, and 
 uU bills for granting such aids and supplies ought to begin with 
 the house, as it is the undoubted right of the house to direct, 
 limit, and appoint in all such bills, the ends, purposes, consideia- 
 tions, conditions, limitations, and qualitications of such grants 
 which are not alterable by the Senate." - 
 
 • III. Hatsell, 12G, 154, 155, &c. Bramwell, 1, 150. 
 
 - This standing order is literally taken from the English resolution of 
 3rd of July, 1678 (9 E. Com. J. 235, 509). It was amended by the English 
 Commons in 18G0, when the Lords rejected the Paper Duties Rei)eal Bill, 
 so as to assert more emphatically the constitutional rights of the Commons 
 in this particular. 159 E. Hans. (3), 1383 ; May, 649-50 ; I. Todd, Perl. 
 Govt, in England, 459 et seq. The same resolution always appeared among 
 
 33 
 
514 
 
 PUBLIC BILLS. 
 
 If any bills arc sent down from the Senate with clauses 
 involving public expenditures or public taxation, the 
 Commons cannot accept them. Such bills may be ordered 
 to be laid aside.' The same practice is also strictly 
 carried out in the case of amendments made by the Senate 
 to Commons bills. Latterly, however, it is not always 
 usual to lay such bills immediately aside, but to send 
 them back to the Senate with reasons for disagreeing to 
 such amendments, so that the upper house ma\^ have an 
 opportunity of withdrawing them." As an illustration of 
 the strictness with which the Commons adhere to their 
 constitutional privileges in this respect, it may be men- 
 tioned that on the 23rd of May, 1814, a bill was returned 
 from the Senate, with an amendment providing for an in- 
 crease in the quantity of land granted to certain settlers 
 in the North West. The premier and other members 
 doubted the right of the Senate to increase a grant of land 
 — the public lands being, in the opinion of the house, in 
 the same position as the public revenues. The amend- 
 ment was only adopted with an entry in the journals that 
 the Commons did not think it " necessary at that late 
 period of the session, to insist on its privileges in respect 
 thereto, but that the waiver of the said privileges was not 
 to be drawn into a precedent."^ Many other entries will 
 also be found of the house accepting Senate amendments, 
 rather than delay the passage of a bill at an advanced 
 period of the session.^ It is quite regular, however, to 
 
 the rules of the old legislative assemblies of Canada. Low. Can. Ass. J. 
 19th April, 1793. Leg. Ass. J, (1841), 43. 
 
 ^ Railway Audit Bill (1850), 105 E. Com. J. 458 ; Parochial schoolmasters 
 (Scotland Bill), 1857 ; 112 Ih. 404. May, 643. 
 
 ■^ Can. Com. J. (1873), 429-30, Quebec harbour bill. The Senate did not 
 insist, 431. 13 E. Com. J. 318 ; 105 Ih. 518. 
 
 '^ Can. Com. J. (1874), 336. 
 
 ' Can. Com. J. (1867-8) 418, 470 ; Ih. (1873), 319. In cases where tlio. 
 amendments do not infringe materially on the Commons' privilegee, it is« 
 also usual in the English Commons to agree to them with special entries. 
 80 E. Com. J. 579, 631 ; 122 Ih. 426, 456. 
 
PECUNIARY PENALTIES AND FEES. 
 
 515 
 
 agree to amondments which " afFect charges upon the 
 people incidentally only, and have not been made with 
 that object.'" 
 
 In order, however, to expedite the business of the houses, 
 the Commons have adopted th(? following rule : 
 
 " 90. The house will not insist on the privilego claimed and 
 exercised by them of lajnng aside bills sent from the Senate 
 because they impose pecuniar}- penalties ; nor of laying aside 
 iunendments made by the Senate because they introduce into or 
 alter jiecuniary penalties in bills sent to them by this house. 
 Provided that all such penalties thereby imposed, are only to 
 ytunish or prevent crimes and offences, and do not tend to lay a 
 burden on the subject, cither as aid or supply to her Majesty, or 
 for any general oi* special purposes by rates, tolls, assessments oi' 
 otherwise." 
 
 The foregoing rule does not, however, as clearly state 
 the actual practice as the English standing orders. Under 
 these the house does not insist on its " ancient and un- 
 doubted privileges :" 
 
 *' 1. When the object of such pecuniary penalty or forfeiture 
 is to secure the execution of the act, or the punishment or pre- 
 vention of oftences. 
 
 " 2. Where such fees are imposed in respect of benefit taken, 
 or sei-vice rendered under the act, and in order to the execution 
 of the act, and are not made payable into the treasury or ex- 
 chequer, or in aid of the public revenue, and do not form the 
 ground of the public accounting by the parties receiving the 
 same, either in respect of deficit or 8uri)lus. 
 
 " 3. When such bill shall be a private bill for a local or per- 
 sonal Act."2 
 
 It is frequently found convenient to introduce bills in- 
 volving public expenditure in the Senate, and in such 
 
 ' 3 Hatsell, 155 ; E. Com. J., i^risoners' removal bill, 1840 ; industrial 
 schools' bill, 1861. 
 
 ^ 104 E. Com. J. 23. See debate in Senate on marine electric telegraj)!! 
 bill, 1875, pp. 422-3. Also, private bills, infra, chap- xxi., where it is shown 
 that the Senate may pass rates of tolls. 
 
516 
 
 PUBLIC BILLS. 
 
 a case, the money clauses are embodied in the bill 
 as presented, in order to make it more intelligible. 
 When the JSenate goes into committee on the bill. 
 these clauses are ordered to be left out. They are printed 
 in red ink or italics in the engrossed bill sent up to the 
 Commons, and are technically supposed to be blanks. 
 These clauses are always considered in a previous com- 
 mittee by the Commons, and then regularly referred to 
 the committee of the whole on the bill.' In the same way. 
 resolutions imposing a tax or duty must be alone con- 
 sidered by the Commons, and referred to the committee 
 on a Senate bill." 
 
 ni. Introduction of Bills. — In the Senate it is not necessaiy 
 to give notice, or ask leave to bring in a bill. Their rules 
 provide : 
 
 39. "It i.s the right of every senator to bring in a bill." 
 
 40. " Immediately lifter a bill is presented, it is read a fir.<l 
 time and ordered io be printed."'' 
 
 On the other hand in the House of Commons it is or- 
 dered : 
 
 39. " Every bill shall be introduced upon motion for leave, 
 specifying the title of the bill ; or upon motion to appoint a com- 
 mittee to prepare and bring it in." 
 
 In accordance with this rule, every member who wishes 
 to introduce a public bill, must give two days' written 
 notice of its title,^ which appears in the votes and since 
 
 ' Census and statistics bill, 1879. Sen. Min. of P., pp. 144, 148 ; clauses 
 22, 23, 24, 37 ; Com. J., p. 160. County court judges' bill, 1882, Sen. ^liii. 
 of P., p. 108, clauses 10 and 11 ; Com. J. pp. 370-71. See also the journals 
 of 1883 for civil service act, superannuation act and penitentiaries act. 
 For a somewhat similar procedure in the English Parliament, see Britit>h 
 North America act, 1867, introduced first in Lords ; and Probates' act, 1858. 
 
 2 Copyright bill (1872), 285. In this case the duty was imposed for the 
 benefit of owners of British copyright works. 
 
 » Similar practice in Lords ; 3 E. Hans. (3), 24 ; 13 lb. 1188. Sen. J. 
 (1878), 88. 
 
 * E. 31 ; mpra, p. 309. 
 
IXTRODUCTfOX. 5lT 
 
 1880, oil the orders of the day.' If the iiotiee is not j^iven, 
 it is open to any member to object to the introduction of a 
 bilJ, and the speaker will sustain the objection.*' When 
 the two days' notice has been given, the member in charge 
 of a bill rises as soon as " Motions " are called and moves 
 formally for " leave to introduce a bill, intituled, etc." He 
 sends up to the speaker the motion in writing with a 
 copy of the bill. The speaker will then propose the ques- 
 tion " Is it the pleasure of the house that the honourable 
 member have leave to introduce his bill." But if the 
 speaker find that the bill is " in blank or in an imperfect 
 shape" he will decline to put that question and will 
 return the bill to the member who must take another 
 opportunity of bringing it up in conformity with the 
 rules.'* It is usual on the introduction of a bill — on the 
 motion for leave — to explain clearly and succinctly its 
 main provisions * ; but it is not the practice to debate 
 it at length at that stage, such discussion being more 
 properly and conveniently deferred to the second reading 
 when the bill is printed and the house is in a position to 
 vliscuss its principle. Sometimes, however, a short dis- 
 cussion may arise on some features of the bill on the 
 motion for its introduction, as there is no rule to prevent 
 a debate.'' At this stage, it is within the right of any 
 member to submit an amendment to the motion for leave, 
 and even to alter the title of the proposed bill,'' though 
 such a course is very seldom followed. As in England, it 
 is now a very rare thing for the house to refuse leave. 
 
 ' Can. Hans. (1880), 79 (remarks of Mr. Holton). 
 - Can. Hans. (1878), 2226. Building societies bill. 
 
 ' R. 40 ; Can. Speak. D., No. 50 : Can. Hans. (1878), 1583. 
 
 * 159 E. Hans. (3), 3G0, 762 ; 218 lb. 1699, 1706 ; 144 lb. 329, 422 ; Can. 
 Hans. (1878), 1582-1584 ; Sen. Deb. (1878), 160. 
 
 ^ 219 E. Hans. (3), 379 ; 144 lb. 422-450; Sen. Deb. (1874), 112-119. 
 
 •^ 107 E. Com. J. 68, 131. On the 20th of Feb., 1852, the title of the 
 militia bill was amended in this way, and the ministry, of which Lord 
 Jolin Kussell was premier, resigned. 
 
518 
 
 PUBLIC HILLS. 
 
 though, of courKO, it rosts oiitirt'ly in tho dis«rotion of tljo 
 raajority to do so.'" When leave has been formally given 
 the Hreaker will propose the next question in accordaute 
 with rule 42 : 
 
 " When any l»ill nhall l)0 presented l»y a memher, in pursuance 
 of an order of the liouse, or hIkUI be brought from the Senate, the 
 question, ' That this bill be now road a tirst time,' Bhail bo 
 decided without amendment or debate." 
 
 Thereupon one of the clerks will read the title of the hill 
 in English and French, in accordance with the modern 
 practi<'e which does not require a reading in extensor 
 Though no amendment or debate is permissible on the 
 question for reading the bill a first time, it is quiti? regular 
 to divide the house thereon.'' 
 
 IV. Bills relating to Trade. — But hert* it is most convenient 
 to direct attention to the important fact that all public bills 
 cannot be introduced directly on motion in the way just 
 described. Bills relating to trade, or involving expendi- 
 ture and taxation, must be initiated in committee of the 
 whole before the house will give leave for their intro- 
 duction. Rule 41 of the House of Commons provides : 
 
 " Ko bill relating to trade or to tho alteration of the laws con- 
 
 ' Evidence of Sir T. E. May before Com. on public business, 22nd of 
 March, 1878, pp. 1?,, 15. 70 E. Com. J. G2 ; 71 lb. 430. 
 
 ^ The ancient usage of tlie English Parliament was to read bills at leiitrthr 
 but according as i)rinting was freely used in the proceedings of the houses, 
 the pracMce became obsolete ; and it is now considered quite sufficient to 
 read a bill In short, that is by the title. 178 E. Hans. (3), 181 ; 192 lb. 
 322. For the first time for many years, a bill was read at length in 1878 
 in the Canadian Commons, on the occasion of its introduction ; but the 
 speaker subsequently pointed out that the practice was not now allowable. 
 In this case, members were not satisfied with the explanations given on 
 the motion for leave, and wished to have more information with respect 
 to the bill ; Can. Hans. 1878, April 2nd, election bill (Mr. Macdougall). 
 It is always competent, however, for a member to move formally that a 
 bill be read ; 192 E. Hans. (3), 323. 
 
 » 107 E. Com. J. 174, 201 ; Can. Com. J. (1877), 143, 144, 169. 
 
BTLI.S AFFECTTXr; TRADE. 519 
 
 corning trade, is to be l)rou^'ht into this house, until tho proposi- 
 tion shall have been Hrst considered in a committee. " 
 
 It is quit*' allowa))le, however, to introduce bills relatiui*' 
 to trade iu the Senate, without previously considering the 
 subject in a committee of the whole.' 
 
 The rule, as generally understood in the; Canadian House 
 — and English practice bears it out — simply requires the 
 house to go into committee to consider a general proposi- 
 tion, setting forth the expediency of bringing in a measure 
 on a particular question affecting trade.- 
 
 Both in the Englisli and Canadian Commons the rule, 
 just cited, has been held to apply to trade ^'•^v/ em////, as well 
 as to any particular trade, if directly affected by a bill.' It 
 has also been decided that to bring a bill under the rule 
 it should properly propose to regulate trade as a subjei't- 
 matter.' Some diversity of practice has, however, arisen 
 at different times on account of a variance of opinion as to 
 the proper application of the rule. The following prece- 
 dents will show how it has been worked out : 
 
 Mr. Speaker Cockburn held that the term trade " does not, in 
 its genei'al and popular aense, apply to insurance. Trade means 
 buying, selling, importing and exporting goods to market. Bank- 
 ing, railways, navigation and telegraphs, in his opinion, all assist 
 trade and are its auxiliaries, but are not branches of trade in tho 
 popular sense."' However, bills respecting insurance have boon 
 indiiferently introduced on motion, or on resolutions adopted 
 in committee." Bills respecting interest have been introduced 
 
 ' Sen. J. (1867-8), 102. But a Lords' S. O. requires that every bill rejru- 
 lating a trade shall be considered by a select committee befijre it can be 
 read a second time. 68 Lords' J. 836 ; 89 lb. 192. 
 
 '' Can. Speak. D. 24th of March, 1882 ; 120 E. Hans. (3), 784 ; Bourke's 
 Precedents, p. 349 ; Can. Com. J. (1874), 135, &c. ; 129 E. Com. J. 31, 109. 
 
 ^ May, 530. 
 
 * Can. Speak. D. 193 ; Jour. (1870), 120. 
 
 ^ Can. Speak. D., No. 177. 
 
 "Can. Com. J. (1874), 172; lb. (1877), 64. But legal authorities call 
 insurance business a " trade " and insurance companies " traders." Doutre, 
 Const, of Canada, citing Judge Taschereau, pp. 274-6. See also 38 Vict., 
 
520 
 
 J'UBLIC BILLS. 
 
 as a rule, on motion in the English as well as Canadian Commons.' 
 In 1874 Mr. Anglin decided that general banking bills ought 
 to be based on resolutions^ — a decision quite in accordance 
 with the recent practice of the English Parliament/^ which is, 
 however, variable, with respect to joint stock banks.* Bills respect- 
 ing insolvency have been invariably introduced on motion for 
 leave."* Bills to regulate the traffic on railways and to protect the 
 interests of the public in connection therewith, have been almost 
 invariably brought in on motion;" but in the session of 18*77 a bill 
 providing for the more eft'ectual observance by railway companies 
 of the law requiring the equality of treatment in the management 
 of the traffic and the imposition of rates and tolls was founded on 
 resolutions." Bills relating to joint-stock and loan companies have 
 been presented directly on motion ;'^ but in England bills relating 
 to joint-stock banks, companies, and partnershij:) have originated 
 in committee." Bills respecting the inspection of staple articles of 
 Canadian produce have generally been founded on resolutions ;^" 
 but a bill to amend the same has been allowed on motion,'- Bills to 
 regulate weights and measures have generally been founded on re- 
 solutions ;^^ but in England, as well as in Canada, it has been decided 
 that as such bills deal with questions of public policy, affecting 
 
 c. 16, s. 1, applying to " traders and trading companies, except Insurauco 
 companies." The correct practice, no doubt, is to commence in committee. 
 A recent judgment of the Canada Supreme Court considers that insurance, 
 falls under the constitutional provision affecting trade and commerce- 
 See infra, chap. 19. 
 
 1 Can. Speak. D. No. 177 ; Can. Com. J. (1870), 313 ; 76. (1878), 31 ; /'». 
 1879-67. Bills in English house in 1839 and 1854 on motion. 
 
 - Can. Com. J. (1874), 142. 
 
 ■' 94 E. Com. J. 468 ; 100 lb. 468 ; 112 lb. 239. 
 
 * 111 lb. 13, 37, 119. 
 
 " Speak. D. 193 ; Can. Com. J. (1873), 287 ; lb. (1876), 164 ; lb. (1877), 
 21, 71,94 ; lb. (1878), 47; lb. (1879), 19, &c. 
 
 •* lb. (1873), 60, 118 ; lb. (1876), 70 ; Ih. (1877), 159 ; lb. (1879), 301. 
 
 " Can. Com. J. (1877), 272. But in England such bills have been ahvays 
 introduced without a previous committee. 126 E. Com. J. 14 ; 128 lb. 27. 
 See 8 & 9 Vict., c. 20, and Jour, of 1845 (railways). 
 
 '^ Can. Com. J. (1877), 28, 107, 25S. 
 
 « 111 E. Com. J. 13. 
 
 10 Can. Com. J. (1873), 127 ; lb. (1874), 184. 
 
 " Can. Com. J. (1876), 76. 
 
 '- Can. Com. J. (1873), 83 ; lb. (1877), 291 ; lb. (1879), 289. 
 
BILLS Aim rXTING TRADE. 521 
 
 the whole community, and not merely the interests of trade, the}- 
 may be directly presented on motion for leave.^ Bills regulating 
 harbours,'- pilotage," and shipping ;* and providing for the preser- 
 vation of good order on board, and for the inspection and measure- 
 ment of steamers,'' have always been based on resolutions passed 
 in committee. Bills respecting the culling and measurement of 
 timber should originate in committee of the whole.". Bills respect- 
 ing patents" and copyright"* have been presented without a com- 
 mittee. Bills respecting bills of exchange and promissory notes 
 need not originate in committee of thew^hole, unless they impose 
 stamp duties." A bill to regulate the sale and disposal of bottles 
 used in the manufacture of mineral water and other drinks has not 
 been allowed to pass to a second reading because it was not com- 
 menced in committee of the whole.'" Bills to regulate generally 
 the sale or prohibit the traffic in intoxicating liquors should 
 originate in committee ;^' but bills which prevent liquor traffic on 
 
 ' 114 E. Com. J. 23r> ; 115 lb. 370 ; Can. Com. J. (1877), 44, 122. 
 
 - 117 E. Com. J. 271 ; Can. Com. J. (1873), 23, 55, 149 ; Ih. (1877), 13(;. 
 A bill was withdrawn in 1879, hecaiiBO it was not fovindod on resolution. 
 Hans. p. 049. 
 
 '^ Can. Com. J. (1873), 127 ; lb. (1877), 136, 222 ; lb. (1879), 290-1. 
 
 ' 129 E. Com. J. 3i ; Can. Com. J. (1873), 24, 54, 245 ; Ih. (1874), 185 ; 
 Ih. (1878), 108, 109, 110. 
 
 •' Can. Com. J. (1873), 23 ; lb. (1877), 117, 222. 
 
 « Can. Si^eak. D., No. 104 ; Can. Com. J. (1877), 207. 
 
 ' Can. Com. J. (1873), 100. In 1872 a bill to amend and consolidato 
 patent laws was based on resolution ; and subsequently the same resolu- 
 tion was referred to the committee on the bill, on the ground --pparently. 
 that it imposed fees. This was clearly an irrei^ularity ; and indc('(l it was 
 not necessary to consider in a previous committee resolutions imposinjj; 
 mere fees, necessary to the execution of an act and for servicer performed, 
 if the English practice had been followed. Imp. Stat. 15 & 10 Vict., c. 83 
 (107 E. Com. J. 313) was brought from the Lords' with fees provided in 
 schedule. A resolution to impose duties on stamps was only considered in 
 committee and referred to the committee of whole on the bill. 
 
 ^ Mirror of P., 1840, p. 1110 ; 129 E. Com. J. 287. 
 
 " Can. Com. J. (1870), 33,52 ; lb. (1872), 125 ; lb. (1873), 41, 175. Also, 
 in 1874, 1875, 1879, 1882. See Can. Hans., April 24, 1878. 
 1" Can. Com. J. (1878), 146. 
 
 " 125 E. Com. J. 62 ; 129 lb. 31,49, 109, 158 ; 132 lb. 11, 12 ; Can. Speak. 
 1>. 22 ; Leg. Ass. J. (1855), 957-8 ; Can. Com. J. (1883), 377. In the last 
 case, the liquor license bill was framed in a select committee, and reported 
 to the house ; but it was thought expedient to comply with the express 
 
522 PUBLIC BILLS. 
 
 Sundays^ have been regarded as measures of public conceni and 
 order, wliich do not come under this rule. On the other hand bills 
 to regulate fairs and markets and to prevent trading on Sunday, 
 have been allowed to be inti-oduccd without a previous committee 
 on the ground that they were matters of police regulation and 
 public decency.'- Bills regulating the importation of cattle, with 
 the view of preventing the spread of contagious diseases, are 
 always initiated in committee of the whole.'^ Bills to amend or con- 
 solidate the customs acts are always founded on resolutions.^ Bills 
 reducing duties of customs originate invariably in committee on 
 the gi-ound evidently that all such measures aft'ect trade.'' Bills 
 to gi'ant certiticates to pedlers," and to regulate the sale of poisons' 
 have not required committees. A bill to regulate the dimensions 
 of apple barrels has originated in committee f also, one to regulate 
 the sale of fertilizers." A bill for regulating the employment of 
 children in factories is not such a bill relating to trade as to 
 require it to originate in committee.^" 
 
 The rule does not apply to bills that originate in the 
 Senate, for the reason as stated by Mr. Speaker Denison : 
 " The object of the rule that bills relating to trade should 
 be founded on a resolution of a preliminary committee is in 
 order to give opportunity for a fuller discussion and a wider 
 
 terms of the rule, and first pass a resolution in committee of the whole 
 before formally bringing in the bill. Hans. p. 234 (Mr. Casgrain). 
 
 ' See Enj?lish Commons journals for 1855. 1863, 1868, 1878, 1881, &c. 
 
 "^ May, 532 ; Sunday trading bills, 1833, 1863, 1868, &c. Fairs and 
 markets (Ireland) bill, 1854, 1855, 1857 and 1858. 
 
 •' 103 E. Com. J. 857 ; 121 Ih. 55 ; 125 lb. 267. In 1879, a bill respecting 
 the contagious diseases of animals was brought in on simple motion by 
 the minister of agriculture ; but the irregularity having been discovered 
 in time, he withdrew the bill and brought in another, based on resolutions. 
 Jour. pp. 114, 136. 
 
 * Can. Com. J. (1877), 129. 
 
 * For instance bills to repeal customs in Isle of Man, 125 E. Com. J. 96 ; 
 to repeal duties on soap, 108 Ih. 590; shipping dues exemption act, 125 
 76. 303. 
 
 « 125 E. Com. J. 309. 
 ' 125 lb. 187. 
 
 » Can. Com. J. (1876), 248-9. 
 9 lb. (1880), 154-5. 
 "> 72 E. Hans. (3)286. 
 
MOXEY OR TAX BIILS. 523 
 
 notice to the persons interested. Th<'se objects have been 
 already secured by the proceedings in the other house.''' 
 
 "When resolutions relating simply to trade have been 
 reported from committee of the whole, they may be at 
 once agreed to, and the bill introduced in accordance 
 therewith.- The rule requiring; the adoption of resolutions 
 on another day only applies to money or tax resolutions.' 
 
 V. Bills involving Public Aid or Charges.— It is the invariable 
 rule that all measures involving a charge upon the people, 
 or any class thereof, should be first considered in a com- 
 mittee of the whole. Rule 88 orders : 
 
 " If any motion be made in the house for any public aid or 
 charge upon the people, the consideration and debate thereof may 
 not be presently entered upon, but shall be adjourned until such 
 future day as the house may think fit to appoint ; and then it 
 shall be referred to a committee of the whole house, before any 
 resolution or vote of the house do pass thereon."^ 
 
 Under this rule, all bills providing for the payment of 
 salaries, or for any expenditure whatever out of the public 
 funds of the dominion must be first considered as resolu- 
 tions in committee of the whole.' And all such resolu- 
 tions necessary to the introduction of a bill, must first 
 obtain the recommendation of the governor-general." 
 
 It often happens that bills are introduced with certain 
 clauses providing for salaries or other charges on the 
 public revenue, and in that case the bill may be intro- 
 
 ' 172 E. Hans. (3), 1221. Nor is a previous resolution necessary in the 
 case of a consolidation of existing laws ; but in case of changes, then it 
 would be required. 57 Ih. 587. 
 
 ^ Contagious diseases, weights and measures bills, 1879. 129 E. Com. 
 J. 31, &c. 
 
 •■' May, 539. See supra, 423. 
 
 * Res. of 1667 ; 3 Hatsell, 176. Such a motion cannot be discussed on 
 the same day it is first presented; 164 E. Hans. (3) 996. Can. Pacific Kes. 
 Dec. 13, 1880-81 ; 1st Feb., 1884. 
 
 '•> Can. Com. J. [1873] 399; lb. [1876] 84; lb. [1877] 200; lb. [1879] 313. 
 
 • See chapter xvii., ss. 2 and 3. 
 
-524 PUBLIC BILLS. 
 
 'duced directly on motion, while the clauses in question 
 {which should be distinguished by italics or brackets) are 
 considered in the shape of resolutions in committee, and 
 when agreed to, referred to the committee on the bill.' 
 " Such clauses," said Mr. Speaker Brand on one occasion, 
 " form no part of the bill as originally brought in, but 
 are considered as blanks. Before any sanction is given 
 to them, the recommendation of the Crown must be signi- 
 fied and a committee of the whole house consider on a 
 future day the resolution authorizing the charge. Unless 
 these proceedings are taken the chairman, under the 
 standing orders, will pass over the money clauses without 
 any question. Without such preliminary proceedings, the 
 bill, so far as the public money is concerned, is entirely 
 inoperative." " But it must be carefully borne in mind 
 that this can only be regularly done when the money 
 clauses are merely a part, and necessary to the operation ol' 
 the bill. Whenever the main object of a bill is the pay- 
 ment of public money, it must directly originate in com- 
 mittee of the whole ; or else the proceedings will be null 
 and void the moment objection is taken.' In the session 
 of 18t4 one of the ministers introduced on motion a bill 
 to appropriate certain lands in Manitoba, but objection 
 was taken on the ground that all bills granting any part 
 of the public domain should originate in the shape of 
 resolutions, like all measures for the expenditure of public 
 moneys. Accordingly he withdrew the bill, and intro- 
 duced a series of resolutions on which he founded a bill/ 
 
 ^ May, 533. Can. Com. J. [1872], 170 ; lb. [1873], 269, 400 ; Ih. [1877], 
 128 ; lb. [1883], 228. 
 
 - 209 E. Hans. (3), 1950-53. 
 
 '^ Can. Com. J. (1877), 200 ; lb. (1879), 313. 
 
 * Can. Com. J. [1874], 112. Also, see a case in which a Canadian speaker 
 (Sp. D. No. 121) decided that a private bill containing clauses granting 
 public lands in aid of its object should originate in committee of the 
 whole. On 7th March, 1878, resolutions granting certain lands for rail- 
 way construction were referred to a committee of the whole, having first 
 received the recommendation of the governor-general. 
 
BILLS nrrosiXG charges. .32;> 
 
 A bill transferring a government railway to a company 
 has also been proceeded with in the same way.' The 
 rule also applies to releasing or compounding any sum 
 of money due to the Crown." 
 
 The rule just cited also applies to the imposition of 
 any state tax or charge upon the people or any class 
 thereof.^ But it is not held to apply to pecuniary penal- 
 ties necessary to the operation of a bill.' In the Canadian 
 house it is the customary practice to consider all fees 
 and expenses imposed by a bill previously in a committee 
 of the whole ; ' but such bills are received from the Senate 
 in conformity with the English practice which allows the 
 house to accept any clauses from the Lords which refer 
 to tolls and charges for service i)erformed and which are 
 not in the nature of a tax. "^ The practice of the English 
 Commons is not to require a previous committee when the 
 bill exacts fees for services performed, and when they are 
 not payable into the treasury or in aid of the public 
 revenue. For instance, the " act to regulate expenses and 
 control charges of returning officers at parliamentary elec^- 
 tions " (38 and 39 Vict., c. 84 Imp. Stat.) contains a schedule 
 
 1 Truro & Pictou E. h. Can. Com. J. 1877, pp. 93, 134. 
 
 ^ English S. 0., 20th of March, 1707. See supra, p. 46."), 
 
 •' 174 E. Hans. (3), 1700-1. Can. Com. J. [1870], 28.-5. 
 
 * Post-office act, 18(57-8, s. 81, c^c. ; wharves and docks bill, 187.") ; 
 iraming houses bill, 1877. In England same practice obtains : petroleum 
 bill, 1871 ; act granting certificates to pedlers, 1870 ; small j)enaltit's in 
 Ireland bill, 1873, &.c. 
 
 ' Can. Com. J. (1874), 19,5, election law ; lb. (1870), 83 ; Ih. (1879), 2.")3- 
 0.5, 346-7, 368. It is not an uncommon practice in the Canadian house, in 
 the case of bills containing clauses imposing fees and charges which go 
 into the treasury, to consider such clauses in a previous committee and to 
 refer them, when agreed to, to the committee on the bill. Can. Com, .J. 
 (1870), 242, 314 ; lb. (1872), 254. 
 
 **^wpra, p. 515. Patent bill, 1869 ; trademarks and designs bill, 1S76. 
 For Imperial acts, see patent law amendment act, 1852 ; also, 16 & 17 
 Vict., c, 78, commissioners under act relative to appointment of persons 
 to administer oaths in chancery, &c, ; also, 35 Vict,, c. 1, s. 5, Dom. Stat. ; 
 also, railway bills imposing rates of tolls, 8 & 9 Vict., c. 10, s. 90 ; 21 & 22 
 Vict, c. 75. 
 
526 PUBLIC BILLS. 
 
 of charges and expenses, which was not previously con- 
 sidered in committee.' But when any payment is made 
 out of the consolidated revenue fund, or out of moneys to 
 he i)rovided by Parliament, the clauses providing- for such 
 payment must be lirst considered in committee. Under th<' 
 act just cited, the candidates pay expenses ; but in another 
 act providing for the trial of controverted elections by 
 judges, the clauses paying judges and expenses were first 
 considered in committee, as such payments are made out 
 of the public funds.- 
 
 In 1883, the Liquor License Act contained a clause 
 providing for the payment of certain fees by persons 
 receiving licenses under the act. These fees, together 
 with fines and i)enalties, form a license fund, applied, 
 under regulations of the governor in council, for the pay- 
 ment of the salaries and expenses incurred under the law, 
 and any residue is to be handed over to the treasurers of 
 the various municipalities, except in the case of un- 
 organized districts, where it shall be paid to the receiver- 
 general. As these fees are only necessary to the execution 
 of the act, and are not intended to be in aid of the publir 
 revenue, no previous committee was required.* 
 
 It has also been held that a bill merely declaratory 
 in its nature, and involving no new charge, need not 
 originate in committee of the whole. ^ Neither is a com- 
 
 ' See als?, "Act granting certificates to pedlers," in which fees are paid 
 topohce authorities ; 125 E. 'om. J. 309; also, 29 ct30 Vict, c. 36, as6e.ss- 
 ing railways by commissioners for special purposes ; also, sec. 11 of 9 ^ 
 10 Vict, c. 105 ; 11 & 12 Vic, c. 48 ; 12 it 13 Vict., c. 77 ; also, joint stock 
 companies act, 40 Vict, c, 43, s. 74, Dom. Stat. ; also, railway acts of 18<!S 
 and 1879 requiring a payment of $10 for each mile for a fund for tlu' 
 purix)ses of the acts ; also, 151 E. Hans. (3), 1601 ; corrupt practices pre- 
 vention bill, 1858. 
 
 •' 123 E. Com. J. 109, 312. 
 
 '^ 46 Vict., c. 30, s. 56, &c. 
 
 * Bill to remove doubts as to the liability to stamp duties of premium 
 notes, taken or held by Mutual Fire Insurance companies. Can. Speak. 
 D. 183. See also promissory notes bill ; Can. Hans., April 24, 1878. 
 
BILLS IMPOSING CHARGES. 
 
 527 
 
 mittee necessary in the case of bills aiithorizinii- the levy 
 or application of rates for local purposes by local 
 authorities acting in behalf of the ratepayers.' Nor does 
 the rule apply to bills imposing charges upon any par- 
 ticular class of persons for their own use and benefit.- Nor. 
 to bills indemnifying members for penalties they may 
 liave incurred for the A'iolation of an act.' Nor to bills 
 having for their object the diminution or repeal of any 
 public tax,' provided such bills do not affect trade ; and 
 then they com(^ under the special rule on that subject. 
 As an illustration of the strictness with which the Cann- 
 dian Commons observe the rule respecting trade, it may 
 be mentioned that in the session of 1871, the house w^ent 
 into committee on resolutions to exempt parafine wax. 
 lubricating oil, and other articb^s from excise duty, and 
 to reduce that duty on certain articles in the province of 
 ^Manitoba. "VYhen the house had agreed to these resolu- 
 tions, a bill was brought in ; but before it had gone 
 through committee, it was considered advisable by the 
 government to reduce the duty on certain spirits manu- 
 iactured from molasses in bond ; and accordingly resolu- 
 tions were passed in committee, and when adopted by the 
 house, referred to the committee on the foregoing bill.' 
 No previous vote in committee is necessary in the case 
 of bills authorizing payments out of moneys already ap- 
 plicable to such objects,*' nor in the case of bills appropriat- 
 ing the proceeds of an existing charge.' 
 
 Bills couBolidating and amending statutes are frequently 
 brought into the house with clauses containing charges 
 
 ' 84 E. Com. J. 233 ; 94 Ih. 3G3 ; 151 E. Hans. (3), 1519 . 174 Ih. 1701. 
 
 - 103 E. Com. J. 57 ; 105 Ih. 54 ; May, 536. 
 
 •175 E.Hans. (3), 83. 
 
 ' E. Com. J. 1860; Paper duties' bill ; Ih. 1858, bill to reduce duties 
 on passports. Can. Com. J. (1882), 87 ; bill to repeal duties on promissory 
 notes. 
 
 ^ Can. Com. J. (1871), 119, 1 20, 234. 
 
 •* Public works (I.) act, 9 Vict. c. 1 ; May, 534. 
 
 ' Thames embankment bill, 1862 165 Hans. (3), 1826. 
 
528 
 
 PUBLIC BILLS. 
 
 on the pul>li<' revenno, but it is only when these clansos- 
 impose new burthens that it is necessary to consider them 
 first in a committee of the whole. For instance, in the 
 session of 1883 the house passed " an act consolidating and 
 amending the several acts relating to the militia and 
 defence of thc^ dominion." The bill, as introduced, con- 
 tained two classes of clauses affecting the public revenue : 
 1 . Clauses taken from existing statutes. 2. Clauses entirely 
 new. As to the second class, there was no doubt that they 
 imposed a n«nv burthen, and consec[uently resolutions were 
 at once introdu(XHl with the recommendation of the gover- 
 nor-general, considered in committee of the whole, and 
 when agreed to by the house, referred to the committee 
 on the bill. With respect to the lirst class of clauses, they 
 re-enacted simply the existing law and did not create any 
 new charge on the treasury ; and accordingly no previous 
 committee was considered necessary. 
 
 The object aimed at in such bills of consolidation is to 
 give the old law in a new and more convenient form of 
 reference ; and certain charges were merely continued, in 
 the bill in question, in accordance with law at that time 
 in force. The last clause of the act, in fact, expressly 
 declares : " This act shall not be construed as a new law. 
 but as a consolidation of so much of the said acts as is 
 hereby re-enacted." ' 
 
 VI. Second Reading —AVith these exi/pnations as to certain 
 preliminary proceedings necessrry to the introduction of 
 public bills, we can now refer to the different readings and 
 stages through which a bill must pass before it becomes 
 law. 
 
 When the house has agreed to give a first reading to a 
 bill, the speaker will at once proceed to propose the next 
 motion : 
 
 " When shall the bill be read a second time ? " 
 
 ' 46 Vict., c. 11, ss. 28-45 ; Can. Com. J. (1883), 226. 
 
SECOXD READING. 
 
 529 
 
 This motion passes almost invariably nemine rnnfradicente, 
 as it is a purely formal motion proposed with the object 
 of placinii' the l)ill on the orders for a second reading, when 
 all discussion can most regularly and conveniently take 
 place ; but though it is unusual to raise a de])ate on the 
 merits of the ])ill on such a motion, yet it is perfectly in 
 order to divide the house on the question as at any otln-r 
 stage of a measure.' 
 
 "When the bill comes up for consideration in itsproj^er 
 course, one of the clerks at the table will read th(^ order 
 aloud, and the member in charge of the measure will then 
 move its second reading — amotion which does not require 
 a seconder, according to strict English usage." Thi; 
 member should take care to inform himself whether the 
 bill is printed in the two languages, as that is absolutely 
 necessary at this stage.' The letters E. F. on the order 
 paper will show whether that has been done. If any ob- 
 jection be made on that ground, it will prevent the bill 
 l)eing taken up for its second reading on that day.* But if 
 the motion has been made, and a debate allowed to pro- 
 ceed thereon, it will be too late then to raise an objection 
 as to the printing in French.' 
 
 The second reading of a bill is that stage when it is 
 proper to enter into a discussion and proi)ose a motion 
 ndative to the principle of the measure.*^ The Senate has 
 a rule on the subject : 
 
 " 43. The principle of a bill is usually debated at its sccoikI 
 reading." 
 
 ' Can. Com. J. [1870], 245 ; Ih. [1877], 160 ; Can. Hans. [1879], 1375-S, 
 i:>85; supreme court repealing bill. 
 
 - Orders of the day reipire no seconder, May, 545. Such motions, how- 
 over, are generally seconded in the Canadian Commons. 
 
 ' See mpra, p. 219. R. 93. 
 
 * Can. Sp. D. Nos. 94, 118. 
 
 ^' Mr. Speaker Blanchet. Insolvency bill, Can. Hans. [1S79], 1620. 
 Mirror of Pari. 1840, vol. 17, p. 2629 ; 190 E. Hans. (3), 1809 ; Can. Hans. 
 [1878], 599, common assaults bill ; Sen. J. [1807-8], 248, 283, 296, &c. ; Ih. 
 [1874], 315-329 ; 216 E. Hans. (3), 1686 ; Can. Com. J. [1879], 327. 
 
 34 
 
530 
 
 PUBLIC BILLS. 
 
 This rule, whifh is very vaguely expressed, is goiuTidly 
 adhered to, although sometimes the Senate, like th*; Com- 
 mons, may agree for convenience sake, to defer a geneiiil 
 discussion of the merits of a measure until a later stage.' 
 
 The Commons have no rule on th(» subject, but the prac- 
 tice of the house is always to discuss the principle of a 
 bill at ihis stage.- All amendments must "strit'tly relate 
 to the bill which the house by its order has resolved upon 
 considering.'" If a resolution opposed to the principle ol" 
 the bill be resolved in the aliirmative;' or the motion, 
 "that the bill be now read a second time." be simplv 
 negatived on a division, the measure will disappear from 
 the order book, but it may be revived at any subsequent 
 time, as the house has only decided that it should not the)i 
 be read a second time, and the order previously made for 
 the second reading remains good. When a bill disappears 
 in this way from the order paper, it is competent for a 
 member to move at any time, 
 
 •' That it be read a sccorid lime on next." 
 
 On this motion being agreed to, the bill takes its place 
 on the orders. The same practice obtains with respect to 
 the bill, at any previous or succeeding stage."' 
 
 It is customary for those who are opposed to a bill to movo 
 
 '' That the word ' now ' be struck out, and the words ' this day 
 thi'ee (or four or six) months ' added at the end of the question.' 
 
 ' Sen. Deb. [1874], 297, 3rd R.; lb. [1874], 3(54 ; Can. Com. J. [1875], 284. 
 
 ■' May, 546 ; 131 E. Com. J. 196 ; Can. Com. J. [1867-8], 425. 
 
 " 143 E. Hans. (3), 643 ; 179 Ih. 342 ; 251 Ih. 1070-71 ; 252 Ih. 955-70 ; 
 135 E. Com. J. 177. And according to the rules of debate, a member v 
 bound to confine himself to matters which are relevant to the subject- 
 matter of the bill, 213 E. Hans. (3), 644-6. 
 
 * 244 E. Hans. (3), 1384. 
 
 ^ Interest bill, 1870 ; insolvency bill, April 3, 1876. Acts for relief of 
 Walter Scott and M. J. Bates, 21st March, 1877 ; interest bill, 4th May. 
 1883. See infra, s. xviii, where the question of giving notice is fully 
 discussed. 
 
 6 Can. Com. J. [1867-8], 40, 227 ; Ih. [1877], 71 ; Ih. [1879], 174, 182-3, 
 &.C. Sen. J. [1876], 105 ; Ih. [1878], 201 ; Ih. [1882], 177. 
 
SECOyD liKADISG. 
 
 531 
 
 If this motion is cunit'd, the })ill disapjx'ars from the 
 ordor pajwr, and is supj^oscd to ])o killed for tlu» current 
 session; l)ut it may hapjxMi that th«» session is prolon^rd 
 Ix'V'ond all expectations, and that the bill will ai»iiin tak»» 
 its phice on th«' paper in conlorniity with the order of the 
 house.' Tn ISSO, a ])ill respecting!: marriaii'e with the sister 
 of a deceased wife was postponed in the kSenate ])y the 
 passage of a resolution declaring it inexpedient to press 
 the measure that session." 
 
 When the order for the stnond n-ading has been read, 
 a member may move, if he should not w^ish to proceed 
 with the bill, that the order ])e discharged and the bill 
 withdrawn.' Or it the motion has been actually made 
 for the second reading, it must iirst, with leave of the 
 house, bo withdrawn.^ It is irregular to go into the 
 merits of a bill on a motion that the ordt^r for a second 
 reading be postponed or discharg»'d.'' A member who has 
 moved the second reading of a bill can only speak again 
 at the close of the debate if he wishes to make an expla- 
 nation as to the course he proposes to take wdth respect 
 
 ' Casas have occurred in the old Canadian assenil)ly as well as in the 
 English Parliament. In 1882, a l)ill was ordered to '>e read " this day 
 month," and it came up accordingly, and was i)laced on the orders of tlu* 
 ilay after bills to which the house had, during the interval, given prece- 
 dence. Fraud in contracts bill, Jour. p. 9(5 ; orders of the day, 3rd of April. 
 See also Can. Leg. Ass. J. [1850], 430-444, 025 (separate school bill). 
 
 - Sen. J. (1880), 209. 
 
 ■ 129 E. Com. J. 307 ; Can. Com. J. [1879], 130 ; Sen. J. [1807-8], 297, 300. 
 The order is simply discharged in the Senate as in the Lords (Lords' .1. 
 1>*77, p. 297), when the bill is from the Commons. The practice in the 
 Lords is, however, to withdraw the bill, when it has originated in their 
 own house ; in fact, the practice is the same as that of the Commons. 
 Lords' J. [1877], 194, 243, 271. 
 
 ' Can. Com. J. [1807-8], 40 ; Ih. [1877], 90 ; lb. [1878], 14(1 ; Ih. [1882], 
 129 ; 129 E. Com. J. 309, &c. ; Lords' J. [1877], 235, 271. An order may 
 be discharged and made the first for a subsequent day. Can. Com. J. 
 [1877], 39. 
 
 ^ 210 E. Hans. (3), 1048 ; 240 Ih. 858-9. The same rule applies to the 
 order for committee of the whole, 220 Ih. 859-00. 
 
532 
 
 PVIII.IC BILLS. 
 
 to tho moasiiro.' Xoithor is it regular to propose on tlio 
 second readini^, or other stage of a bill, any amendiiitMU 
 by way of addition to the cjuestion, when it has })e('n 
 decided by the house that the bill shall be r«'ad a second 
 time." On the motion for the second reading it is out ol 
 order to discuss the clauses aerialim:' 
 
 VII. Orderfor Committee of the Whole.— When a bill has been 
 read a second time (short), by the clerk, the next question 
 will be proposed.' 
 
 •'TliiU the house i^o into comnuttoo on the liill on next.' 
 
 Whiih motion generally passes, nem.con.^' like all sucli 
 formal motions ; though it is quite regular to move an 
 amendment as to the time of committal.'' 
 
 When the order of the day for committee has been 
 reached and called in due form, the speaker will put the 
 question, 
 
 " That I do nou' leave the chair." 
 
 Now is the time to move any amendment to the ques- 
 tion. Members opposed to the bill may move that the 
 house resolve itself into committee on the bill that iL ^ 
 three or six mouths ; or may propose motions advert.t 
 some principle of the measure." 
 
 It has been frequently decided in the Englirii house 
 that on the motion for the speaker to leave th*^ chivir, a 
 member " is at liberty to discuss the main provisions, but 
 not to proceed in detail through the clauses, nor to discuss 
 amendments to the same, until the bill is regularly iii^ 
 cominittee." "^ 
 
 1 Rule 15, p. 354. 219 E. Hans. (3), 584 ; 220 Ih, 381 ; 223 Ih. 17()4. 
 
 » 183 E. Hans. (3), 1918 ; 18(5 Ih. 1285. 
 
 '' 224 E. Hans. (3), 1297 ; 225 Ih. (384 ; 238 Ih. 1593 ; 248 Ih. 590. 
 
 * Supra, p. 416. 
 
 5 Can. Com. J. [1870], 300 ; Ih. [1877], 128. 
 
 * 129 E. Com. J. 140. But it is not regular to move that the house do 
 adjourn, according to an English decision, 221 E. Hans. (3), 744. 
 
 " Supreme court bill, 25th of March, 1875. 
 
 » 223 E. Hans. (3), 35 ; 224 76. 1297 ; 232 lb. 1195-6. 
 
INSTTif'CTrOXS. ,533 
 
 VIII. Instructions.- An " in.strintion, " tnipowi'iini;- ;i rom- 
 niitlot' to mako those (•lianj^«'s in a })ill which oth^Twisc 
 it could not iiiakt', should ])i' moved as soon as the order 
 lov the committee has been read ))y th ■ clerk, and lielbre 
 (he question is put that the si)eaker do leave the chair.' 
 An instruction, ]>roperly speaking, is not of the nature of 
 an amendment, Imt of a substantive motion whieh ought 
 to have precedence of the question tliat the speaker do 
 leave the chair.- If an instruction is moved when the 
 hitter motion is propo.sed, then it becomes an amendment, 
 which, if agreed to, sui)ersedes the motion for the com- 
 mittee, and the l)ill «onse(|uently <an not be proceeded 
 with for the time being." 
 
 Considerable misapprehension appears to exist among 
 some members of the Canadian Commons as to the mean- 
 ing of an instruction — a misapi)rehension by no means con- 
 iined to that body, since English .speakers have fri'cjuently 
 Ibund it necessary to give decisions and explanations on 
 the subject. An instruction, according to tliese decisions, 
 is given to a committee to confer on it that i)Ower whi«h, 
 without such instruction, it would not have. If the 
 subject-matter of an instruction is r<'levant to the subject- 
 matter, and within the scope and title of a bill, then 
 such instruction is irregular since the committee has the 
 power to make the required amendment. The following 
 precedents will illustrate the correct practice with resi:>ect 
 to these class of motions : 
 
 In 1854 the English Commons had before them a " Bill 
 to abolish in England and AVales the compulsory removal 
 of the poor on the ground of settlement," and a member 
 proposed to introduce clauses into the bill to i)revent the 
 removal of Irish paupers in the different unions of the 
 country. It was pointed out that the contemplated changes 
 
 ' 163 lb. 5978 ; 212 Ih. 107-5. 
 
 - 179 lb. 116-7 ; 183 lb. 920-1 ; Sen. .1. [1882], 195. 
 
 ' 163 E. Hans. 5978 ; 179 lb. 116-7 ; Can. Com. J. [1875], 284. 
 
534 
 
 PUBLIC BILLS. 
 
 would entirely alter the charaeter of the bill, and could 
 only be made by an instruction ; i '^e speaker being appealed 
 to said,' " that the rule had been clearly stated, and if 
 the noble lord intended to propose the addition of the 
 new provisions alluded to, it would be necessary to move 
 them as an instruction to the committee." ' 
 
 In 1865, the order for committee on the Union Charov- 
 ability I>ill having been read, Mr. Bentinck moved that 
 " it be an instruction to the committee, with a view to 
 render the working of the system of union chargeability 
 more just and ec[ual ; that they have power to facili- 
 tate, in certain cases, the alteration of the limits of exist- 
 ing unions." An objection was at once taken, that under 
 the Poor Law Board Act there was power to alter the 
 boundary of unions, and therefore an instruction was not 
 necessary. The speaker (Mr. Denison) decided: "The 
 question is not as to whether the Poor Law Board has the 
 power, but whether the committee would have it without 
 the instruction ; and, in my opinion, the committee would 
 not have that power, because the subject-matter would 
 not be relevant to the subject-matter of the bill. There- 
 fore the motion is in order and should have precedence, 
 because an instruction is not of the nature of an amend- 
 ment, but of a substantive motion." ' 
 
 In 1878, the order for committee on the Factories and 
 "Workshops Bill having been read, Mr. Fawcett rose to 
 move an instruction extending the operation of the bill to 
 children employed in agriculture, Mr. Speaker Brand 
 stated in reply to an objection to the proceeding : " The 
 motion of the hon. member is in the form of an instruc- 
 tion to the committee. The committee would not have 
 power to deal with the question unless an instruction of 
 this kind were passed." * 
 
 1 74 E. Hans. (3), 107 ; 195 Ih. 847 ; 207 lb. 401-2. 
 
 ■' 131 Ih. 1274. 
 
 =» 179 E. Hans. (3), 116. 
 
 * 238 Ih. 63-4. 
 
INSTR UCTIONS. 535 
 
 111 1881, the order for the committee of the whole on a 
 bill respecting' the sale of intoxicating liquors on Sunday, 
 in "Wales, having been read, it was moved as an instruc- 
 tion that " they have power to extend the same to Mon- 
 mouthshire." ' 
 
 In 1868, the speaker ruled that a select committee to 
 which had been referred the Sale of Liquors on Sunday 
 Bill would be confined to its subject-matter, and could 
 not consider the question of the general licensing* system 
 without a special instruction from the house." 
 
 In 18Y0, the order of the day having been read for com- 
 mittee on a bill respecting elections of members of the 
 Commons, it was moved that the committee be instructed 
 to provide that the qualifications of voters should continue 
 to be regulated by the laws of the legislatures of the pro- 
 vinces. Mr. Speaker Cockburn decided that the com- 
 mittee had the power to do what was proposed, and that 
 consequently the motion was irregular.' 
 
 In 18 1 2, when the question for committee on the bill to 
 repeal the insolvency laws was under consideration in 
 the Cana'lian House of Commons, Mr. Harrison moved 
 that it be an instruction to the committee to except the 
 province of Ontario from the operation of the bill. Mr. 
 Blake having made objection to the motion, Mr. Speaker 
 Cockburn ruled : " As the bill affected the whole dominion 
 the committee have already the power asked for in the 
 motion, and consequently it is out of order." ^ 
 
 Decisions of English speakers have also laid down the 
 following rules with respect to instructions : 
 
 " That it requires an instruction to divide a bill into two parts, 
 or to consoHdate two bills into one.'' 
 
 » 13G E. Com. J. 302. 
 
 - 190 E. Hans. (3), 1869. 
 
 •' Can. Com. J. [1870], 120-21. 
 
 * Can. Com. J. [1872], 78-9. 
 
 ^ 8G E. Hans. (3), 154 ; also, 13G E. Com. J. 285 ; 137 lb. 121. 
 
536 
 
 PUBLIC BILLfS. 
 
 "That notice should be given of an instruction when a membci- 
 has pi-oposrd such as a substantive motion, and not as an amend- 
 ment to the question, that the speaicer do leave the chair.^ 
 
 " That when a bill is simply a continuance bill of an act now 
 in force, it is not competent for the committee to introduce a 
 clause of a ditfei-ent nature to the simple scope of such bill, but it 
 may be an instruction to the committee to introduce such u 
 clause.- 
 
 "That it is not regular to instruct a committee to entertain u 
 question which is outside of the bill before them. For instance. 
 on the Eepresentation of the People Bill, in 1860, a member 
 moved an instruction that no borough should be deprived of one 
 member until it had been ascertained by an actual census of the 
 population of the borough, whether or not the number of its 
 population fell below the limit of 7,000 inhabitants. Mr. Speaker 
 ruled, as above, because it was not competent to the committee 
 to inquire with regard to the census.^ 
 
 " That any number of instructions may be moved successively 
 to the committee on the same bill, as each question for an in- 
 struction is separate and independent of every other.* 
 
 " That it is regular to move amendments to a question for an 
 instruction."^ 
 
 If a motion for an instruction contains a proposition that 
 ought to be considered in a preliminary committee, it can- 
 not be entertained. For instance, when it was proposed 
 on one occasion in the English hou-^ to instruct a com- 
 mittee on a bill respecting the sale l spirits to extend its 
 operation to the sale of beer, wine and cider, Mr. Speaker 
 Denison said: "The necessity for an instruction arose 
 
 1 175 E. Hans. (3), 1939-40 ; 158 Ih. 1951. 
 
 - 159 Ih. 1912, 1924. 
 
 =» 158 E. Hans. (3), 1954-5. 
 
 - In 1860, nine instructions were moved after the order for committer". 
 on the representation of people bill ; the proceedings and rulings, on this 
 occasion, illustrate the correct practice with respect to instructions. 15S 
 E. Hans. (3), 1951-88. See Blackmore's decisions [1881], 116-17, where a 
 summary is given of the decisions of Mr. Speaker Denison, on points 
 that were raised. 
 
 ^ 101 E. Com. J. 113. 
 
IXSTIiFCTrOXS. 587 
 
 from the acts relating- to spirits being considered quite a 
 distinct class ; and to deal with beer, cider and wine, 
 wonld be to deal with separate trades. If the house 
 should now deal with those trades by an instruction they 
 would pass by a stage — that is a preliminary committee — 
 that, in due order, ought first to have been taken." ' 
 
 On the same principle, an instruction cannot be moved 
 to make any provision which imposes a tax or charge 
 upon the people ; but the matter ought to be first con- 
 sidered in a committee of the whole.' It is the practice in 
 the English Commons to give, according as it is necessary, 
 instructions to the committee on customs and revenue 
 bills to make provisions therein pursuant to resolutions 
 passed in committee of ways and means.' In 1882, the 
 house considered the Arrears of Rent (Ireland) Bill, tis 
 amended in committee of the whole, and it was ordered 
 that the bill be recommitted, and that it be an instruction 
 to the committee that they had power to make provision 
 in accordance with a resolution, reported from a previous 
 committee, authorizing the payment out of moneys to be 
 provided by Parliament of the salaries of any o^hcers 
 appointed under the act, and also the payment out of the 
 consolidated fund of the United Kingdom of any moneys 
 required for the purx:>ose of assisting emigration from Ire- 
 land.^ 
 
 According to the modern practice of Parliament an in- 
 struction to a committee is not " mandatory," and it is 
 therefore customary to state explicitly in the motion, as 
 shown above, that the committee " have power" to make 
 the provision required in a bill.' " For," as stated by Mr. 
 
 ' 1«)7 E. Hans. (3), 696-700. 
 -78 76.904. 
 
 ' 136 E. Com. J. 240, 304 ; 137 lb. 366, 404. 
 
 * 137 lb. 383. 
 
 ^ 137 lb. 366, etc. Such mandatory instructions in the case of bills can 
 he found in the English journals, but not for many year;^ past. 21 E. 
 Com. J. 836 ; 66 lb. 299 ; 90 lb. 451 ; May, 553. 
 
538 
 
 PUBLIC BILLS. 
 
 Speaker Brand, " the intention of an instruction is to give 
 a committee power to do a certain thing if they think 
 proper, not to command them to do it." ' It has b^M'u 
 pointed out by an English authority in such matters, that 
 even the commmittee cannot act upon the instruction, 
 without a question put upon the thing to be done, which 
 of itself implies that the instruction is not conclusive 
 upon the committee." 
 
 All instru<tions must be moved on the first occasion 
 when the order for the committee on a bill has been read. 
 If the bill has been partly considered in committee, it is 
 not competent to propose an instruction when the order 
 is read for the house " again in committee," as the rules 
 require that the speaker leave the chair as soon as that 
 order has been taken up.^ 
 
 IX.— Reference to Select Committees.— It is becoming a he- 
 quent practice in England, as well as in Canada, to s(^nd 
 important bills, requiring very careful and deliberate 
 inquiry to a special or a select standing committee, before 
 referring them to committee of the whole.^ The practice 
 of revising bills in committee of the whole only dates 
 from 1700, and the most eminent English authorities have 
 frequently advised, and the House of Commons has already 
 attempted, a modified return to the old method of consider- 
 
 1158 KConi. .T. 1954-5. 
 
 - Mr. Addingtoii cited by Lord Colchester {Mr. Speaker Abbot) in bis 
 diary, 431. May 553. See a case in the Canatliau House wliere the commit- 
 tee did not amend a bill in accordance with an instruction, bnt adopted 
 one proposed by Mr. Blake in amendment to that referred to them by tlio 
 house. Jour. (1882), 248-49, (Presbyterian bill). 
 
 "' Supra, -p. 419. 
 
 n29E. Com. J. 103, 109, 265. Lords J. [1861], 203; 7?>.[1873]. 3G4. 
 Can. Com. J., (1876), 120. Criminal procedure bill. lb. [1875], 139, insol- 
 vency bill; Ih. [1877], 161, larceny bill; lb. (1877), 75, insurance bill; Ih. 
 [1878], evidence in common assaults bill. Several bills may be consoli- 
 dated into one bill in this way; Leg. Ass. J. [1863], 296, 313, 320. 
 
REFERENCE TO SELECT COMMITTEES. 539 
 
 iug- certain public bills in select committees.' Particnlarly 
 in the case where several bills on the same siibje< t are 
 before the house has it been found <onv«niient to refer 
 them all to one committee.' Sometimes a committee will 
 combine two bills in one.' In 1871', a number of bills 
 relating to insolvency were presented, and in view of the 
 great variance of opinion on a very perplexing question, 
 it was decided to refer the whole matter to a select com- 
 mittee to report by bill or otherwise. In this case, as it 
 was not intended to report back any of the bills before 
 the house, the order for the second reading* of each was 
 read and discharged, and each was then formally referred 
 to the committee, with the consent of course of the intro- 
 ducer in every i'ase.' 
 
 Any bill may be referred to a select committee in amend- 
 ment to the motion for the house to go into «^ommittee of 
 the whole, or on the reading of the order for committee.' 
 
 ' House of Commons, Pal^'rave, notes at end of work. Bajrehot, in his 
 work on the English <'unstitution, shows how dilhcult it is for a <Y)mmittee 
 of the whole to give that patient, orderly examination whicli all bills 
 ■should receive. The same question was discussed before a committee on 
 public business in l.So4 (Report \\ 31), and in 1878 (Report p]). 21-22), and 
 the opinion was expressed by Sir Erskine ^lay and others, that bills are 
 exposed to too many opj)ortunities of discussion, and that ifa bill is re- 
 ferred to a comjKJtent committee, the rei)ort of that committee ought to be 
 accepted in the sanie way as a report of a committee of the whole. Of 
 course, it could always be re-committed by an express order of the house. 
 In the absence of such an order, it was suggested that the bill should stand 
 lor consideration of report, just as if it had gone through (.'ommittee of the 
 whole. This suggestion has been practically emlwdied in the new stand- 
 ing orders of 1st December, 1882, [Nos- xxii.-xxv.], providing for the 
 .'ippointment of standing committe-es to consider certain classes of bills, 
 see mpra p. 426. 
 
 ^Can. Com. J., railway bills, 1870 and 1871, ttc. Insolvency bill, 1870,. 
 <;riminal law bills, 1870 ; banking bills, 1871; 129 E. Com. J. 280. 
 
 ■' Can. Com. J. [1882], 285. 
 
 * Can. Com. J. [1879], 81. The insolvency laws have always been the 
 result of the deliberations of select committees. See journals of 1807-8, 
 1869, 1870, 1871, 1875. 
 
 * Marine electric telegraphs' bill. Can. Hans. [1879], 1572 (Mr. Speak. 
 Blanchet). May, 577. 
 
540 PUBLIC BILLS. 
 
 It is also perfectly regular to refer a number of bills at 
 the same time to one committee of the whole which may 
 consider all on the one day w^ithout the chairman leaving 
 the chair on each separate bill.' 
 
 X.— Notice of Amendments in Committee.— When a member 
 intends to move an important amendment in committee 
 of the whole to a bill, he may or may not, according to 
 Canadian practice, give notice of such amendment ; but 
 latterly it has been found expedient in many cases to give 
 notice, and this practice, obviously so convenient and 
 useful, is gaining ground every session.- In the English 
 house it is usual to give such notice ; and in fact, on the 
 consideration of the bill, as amended in committee, no 
 new clause can be proposed unless the house has received 
 a regular notice containing the words of the proposed 
 amendment.' 
 
 XI. Bills reported from Select Committees.— When bills are re- 
 ported from select committees after their second readiu"' 
 in the house, they go upon the orders of the day for con- 
 sideration in committee of the whole, in pursuance of the 
 following rule : 
 
 22. " Bills reported after second reading from any standing or 
 select committee shall be placed on the orders of the day follow- 
 ing the i-eception of the repoi't, for reference to a committee of 
 the whole house, in their proper order, next after bills reported 
 
 ' Eng. S. 0. 19th July, 18-34, No. liii. 114 E. Cora. J. 253 : " Provided that, 
 Avitli respect to any bill not in progress, if anj' member shall object to its 
 consideration in committee with other bills, the order of the day for 
 the committee on such bill shall be postponed." In the legislative assem- 
 bly of Canada this practice was followed on several occasions- Leg. Ass. 
 J. '[I860], 44.5 ; //>- [1801], 319 ; Ih. [1866], 195. In 1861 some nineteen 
 bills were referred at one time. But it does not appear to be the practice, 
 of the Senate, Deb- [1880], 305. 
 
 -' V. & P. [1877], 175, 200, 214, 225, 226, 233, 257. Railway act [1879], 
 250 ; militia act, 462. Notice is required in case of amendments to 
 private bills. 
 
 =* S. O. 1854, No. Iviii. 
 
IN COMMITTEE OF THE WHOLE. 541 
 
 from comiuittces of the whole lioiiso. And Mils ordercij l»y tlu' 
 houHC for referen<'i> to a coinmitlcf of the whoU- house >sh:ill he 
 placed, for such reference, on the orders of the day following the 
 older of reference, in tlieir proper order, next after hills re- 
 poi'ted from any standing or select committee.'' 
 
 Xn.— Proceedings in Committee of the Whole.— AVh«'n either 
 house agTees to go into committee of the whole on a bill, 
 the speaker calls a member to the chair, and the maee is 
 put under the ta]>le. The practice in both houses is for 
 the most part identical ;" but there is an express order of 
 the Senate which forbids " any arguments being admitted 
 against the principle of a bill in a committee of the 
 whole."^ 
 
 Rule 46 of the Commons provides : 
 
 " In proceedings in committee of the whole house upon bills, 
 the preamble shall be first postponed, and then every clause con- 
 sidered by the committee in its proj)er order; the preamble and 
 title to be last considered." 
 
 In the Senate the title is regularly postponed ;' but in 
 the Commons it is never considered except when it is ne- 
 cessary to amend the same. The preamble is also post- 
 poned in both houses until after the consideration of the 
 clauses.' The bill is then considered clause by clause. 
 The chairman will call out the number of each clause, and 
 read the marginal note as a rule, but he should give the 
 clause at length when it is demanded by the committee. 
 He will then put the question, " shall the clause be 
 adopted," or, " stand part of the bill ? " Each clause is a 
 distinct question, and must be separately discussed. When 
 a clause has been agreed to, it is irregular to dis(.'uss it 
 
 ' 129 E. Com. J. 209, 314 ; Can. Com. J. [1877], 140, 207. Insurance bill. 
 
 '' Sen. J. [18G7-8], 121. 
 
 ■R. 89. 
 
 * Sen. J. [1880], 106. 
 
 ^ lb. [1880], 106. The English house has now a S. 0. to postpone 
 the preamble until after the consideration of the clauses, without question 
 put, No. Lv., 27th Nov., 1882. 
 
542 
 
 pen Lie niLLs. 
 
 nqaiii on th<* coiisidoriition of anothor clause ' Amond- 
 iru'iits must be made in the order of the lines of a clausi' 
 If the latter part of a clause is amended, it is not compe- 
 tent for a member to move to amend an earlier or antecedem 
 part of the same clause. IJut if an amendment to the 
 latter part of a clause is ^vithdrawn, then it is competent 
 to propose one to an earlier part." "VVlieii the committee 
 have agreed to a clause, or to " a clause as amended," th(» 
 chairman will sign his initials on the margin, and hi.s 
 name in full at the end of the bill, when it has been fully 
 considered by the committee. 
 
 According to strict English practice, which is generally 
 followed in the Senate, new clauses should be brought up 
 and discussed after the consideration of the original clauses 
 of the bill ; but in the Canadian Commons, the practice is 
 not rigorously followed, and the committee is generally 
 guided by what is most convenient in each particular 
 case. The schedules are the parts of the bill last consid- 
 ered. Clauses are frequently postponed, in order to give 
 an opportunity until another meeting of the committee 
 of considering the advisability of amending them, or tak- 
 ing any other course that may be found necessary with 
 respect to them. If it be necessary, the title can he 
 amended in accordance with English practice, in order to 
 make it conform to changes in the bill, and in such a case 
 a special report ought to be made f but as a rule in the 
 Canadian house, any change in the title is made the sub- 
 ject of a special motion after the third reading.* In the 
 case of a Senate bill it is usual to amend it in committee, 
 
 ^ 241 E. Hans. (3), 2112 ; May, 5G1. If a member move to omit a clauso 
 the chairman Avill simply put the usual question, shall the clause stand 
 part of the bill ? 164 E. Hans. (3), 1406. 
 
 - 46 E. Com. J. 175 ; 181 E. Hans. (3), 539. 
 
 ^ 127 E. Com. J. 352, parish constables abolition bill ; Can. Com. J. 
 [1882], 426, harbour and river police bill. 
 
 * Can. Com. J. [1876], 217 ; lb. [1877], 212. 
 
IN COMMITTEE OF THE WHOLE. 54:5 
 
 and report the fact to the house.' But in the Senate th(» 
 title may be amended at this as at any other stacre of the 
 bill/ 
 
 A committee of the whole have now power to mak^' 
 amendments not within the scope and title of the bill. 
 A rule of the English Commons' provides : 
 
 "That any aniendnient may 1)0 made to a clause, ])rovi(lod the 
 ^.ame Itc relevant to the suhjeet-inatter of tlie hill, or pursuant ti> 
 any instructions, and he otherwise in conformity with the rules 
 and orders of the house ; hut if any amendment he not wiliiin the 
 title of the hill, the committee are to amend the title accord- 
 ingly,' and I'cport the same specially to the house." 
 
 In the session of 1875, the house went into committee 
 on a bill " to amend the general acts respecting railways," 
 and a question arose whether it was competent to add a 
 clause recjuiring the government to purchase goods for 
 the use of dominion railways upon public tender and con- 
 tract only ; and the committee having arisen for the purpose 
 of receiving instructions from the house upon the point 
 at issue, Mr. Speaker Anglin decided that such an amend- 
 ment would be regular" without an instruction. A similar 
 decision was given in committee of the whole on a bill to 
 repeal the Insolvency Laws now in force in Canada. It 
 was proposed to make some amendments which would 
 have the effect of adding certain provisions with r*^spect 
 to preferential assignments and priority of judgment, and 
 in that way avert certain dangers likely to result, in the 
 opinion of many persons, from the total repeal of the act 
 as provided for in the bill. The amendments w^ere de- 
 cided to be in order." 
 
 ' Can. Com. J. [1882], 3G3. 
 -Sen. J. [1880], 166, 1G8. 
 ■^ S. 0. 10th July, 1854. 
 *Sen. J. [1877], 253. 
 
 '•' This order has always been held in the Enghsh house to apply to 
 select committees. May, 578 ; 118 E. Com. J. 248 ; 127 Ih. 169, 342. 
 «Can.Com. J. [1875],327. 
 " Can. Hans. [1879], 1775. 
 
r)44 
 
 rujujv nu.LS. 
 
 Oil tln' other hiind, it has bt'cu derided that it is not 
 within th«' .s(;ope oi' a coiiiinittee to which a rontinuaiict' 
 ))ill has ])eeii relerred, to amend the provisions oi'tlieacts 
 whirh it is therel)y proposed to continue, or to al)ri(lne 
 the duration ol'thi^ provisions contained in those acts.' 
 
 It is irreguhir to propose an amendment which is in»- 
 levant to the subject-matter of a chuise, but it sh«nild Ix' 
 submitted to the committee at the end of the l)ill, as a 
 separate chmse/' 
 
 The committee cannot auTee to any clauses involvinii' 
 payments out of the public funds,' or imposinu' any do- 
 minion tax or charge upon the people,' unless such ( lanses 
 have been previously considered in <ommittee of the 
 whole — a subject fully explained in the previous part ol 
 this chapter/' The committee on the bill cannot increase 
 duties, without a ])revious resolution from a committee, 
 but it may reduce them in at^cordauce with the settled 
 principle that gives every facility to the removal of pul)li( 
 burthens."' It has also been ruled in the English house 
 that amendments varying the incidence of a rate or tax 
 come within the rule, requiring consideration in a pre- 
 vious committee, and the bill must be re-committed with 
 respect to the clauses affected, in cast? there has been no 
 previous committee on the subject." 
 
 Such clauses, having been read a second time and agreed 
 to, and referred to the committee on the bill, are not con- 
 sidered as amendments made in committee. Accordingly 
 if no alteration be made therein in committee on the bill, 
 
 J 129 E. ( bm. J. 353. 
 
 - 147 E. Hans. (3), 1190, 119S. Tu tliis ease, the amemlmont proposod 
 to be made was relevant to the bill, bnt as it embodied a principle contrary 
 to the clause, it could not be added. 
 
 ^ May, 503 ; Can. -Com. J. [1876], 84, 185 ; Ih. [1877], 94, 128. 
 
 * Can. Com. J. [1870], 242, registration of timber marks ; Ih. 2S5, 
 copyright. 
 
 ^ Supra, s. V. 
 
 ^ May, 5C4. 
 
 '217E. Hans. (3),402,413. 
 
L\ CO MM ITT in-: OF THE WHOLE. 545 
 
 iho latter may ho reported up without amcnclment.' The 
 Kiig'lish Commons havo tho following ordor: — 
 
 "In '^oini^ thi'OU<^h a lull, no (jucstions shall Ik; put for the till- 
 ing up of words already ])rintod in italics, and commonly called 
 • Idanlvs,' unU'SH exception be taken thei-eto; and if no altoi-ationH 
 liiive been made in the words so |)i'inted in italics, the hill is to 
 lie reported without amendmi'ii(>, uidess other amendments have 
 heen made thei-eto." ' 
 
 But an exception is always made in the case of a Senate 
 bill. When such clauses are added to a Senate hill, they 
 niU3t be considered as amendnuMits and reporti'd up as 
 such, in order to send them to the upper house for con- 
 ( un'ence.' 
 
 After a ])ill has heen considered clause by clause, and 
 the preambh^ agTced to, the committe<i have sometimes 
 I'ound it expedient to reconsider the bill, either in whole 
 or in part, and in order to do this, a motion for the recon- 
 sideration has been made and agreed to.' The Senate have 
 ;i rule which appears to provide for such cases : 
 
 "44. A senator may, at any time before a bill has j)assed, 
 iMOve for the reconsideration of any clause thereof already 
 passed." 
 
 The same practice sometimes obtains in Commons com- 
 laittees, but it is not one to be encouraged, since it is 
 obviously at variance with the sound jorinciple which 
 l)revents either the house or committee passing on the 
 same cjuestion twice.'' The proper time for the reconsidi'r- 
 ation of an amended bill is after report from committee, 
 when, under English practice — which might advantage- 
 
 ' Penitentiary act, 1S76. 
 
 •' S. O. 19th July, 1834, No. 57. In the English Commons money or 
 taxation clauses are printed in italics in the bill as introduced. In the 
 Canadian house they are generally given in the same way. 
 
 •* Post-oftice bill, 18G7-8 ; Sen. J. 155-8 ; Com. J. 128-9 ; census h\\\, 1870. 
 
 * Sen. J. 1882, March Gth and 13th, county judges' bill. 
 
 ^ See supra, p. 339 note and infra, p. 563. 
 
 35 
 
546 PUBLIC BILLS. 
 
 ously be followed in the Canadian Commons — it is com- 
 petent to make amendments, and "reconsider" the bill; 
 or in any case, it may be sent back, and the committe*^ 
 regularly authorised to reconsider it in any particular.^ 
 
 Xni.— Report from Committee of the Whole.— When the com- 
 mittee have only partly considered a bill and it is found 
 advisable to postpone further proceedings until a future 
 day, the chairman is instructed to report progress, and ask 
 leave to sit again." On receiving the report, the speaker 
 will ask the house to appoint a future day for the furthi/r 
 consideration of the bill. But when it is wished in com- 
 mittee to make no further progress with a bill, it is moved 
 
 1^ " That the chairman do now leave the chair." 
 
 In this case no report is made to the house and the bill 
 will disappear from the order book.^ The same will 
 happen if it is found that there is not a quorum present 
 in the committee.^ But the committee " have no power 
 to extinguish a bill, that power is retained by the house 
 itself.'"^ Consequently the bill may be subsequently 
 revived by a motion, without notice, to fix another day 
 for the committee." 
 
 But when the committee have fully considered the bill, 
 the chairman reports " The committee have gone through 
 the bill and made certain amendments thereto " ; or " the 
 committee have gone through the bill and directed me 
 
 ^ Infra, p. 547. 
 
 - Can. Com. J. [1877], 186. Sometimes the committee may receive leave. 
 to sit again that same day. lb. [1878], 147. 
 
 ' Ih. [1869], 106, 288 ; Ih. [1874], 326 ; Ih. [1882], 229 ; Can. Hans. 
 [1882], 615 ; Sen. J. [1880], 166. 
 
 ' 110 E. Com. J. 449. 
 
 » 176 E. Hans. (3), 99- 
 
 *» Can. Com. J. [1883], 159 (Mr. Speaker Y . ^atrick's ruling with respect 
 to Criminal Law Amendment Bill). Se. ' . /a, s. xviii., where the ques- 
 tion of notice is discussed. 
 
BEPORT FROM COMMITTEE. 54t 
 
 to report the same without amendment." ' Rule 47 of the 
 Commons provides : 
 
 •• All amendments made in committee shall be i-e})Oi'ted by the 
 (hairman to the house, which shall receive the same forthwith. 
 After report the bill shall be open to debate and amendment 
 before it is ordered for a third reading. But when a bill is 
 leported without amendment, it is foi-thwith ordered to be read a 
 third time, at such time as may be appointed by the house." 
 
 Accordingly when a bill is rei:>orted without amend- 
 ment, the speaker puts the question, " When shall the 
 bill be read a third time ? " 
 
 The bill is either read immediately, or on a future day, 
 as the house may decide. But when a bill is reported 
 with am.endmeuts the speaker will propose the usual 
 question, " When shall the bill, as amended in com- 
 mittee, be taken into consideration ? " On this question 
 the only regular amendment is as to the time when the 
 consideration should be taken, and the discussion must be 
 relevant thereto." Except in cases where the amendments 
 are of an important character, and the house requires time 
 to consider them, '^ the bill is immediately considered.' 
 "When the bill, as amended, is taken into consideration, 
 the amendments are twice read and agreed to.' Up to 
 yery recently the amendments only were considered ; '' 
 but now the w^hole bill is open to consideration, which is 
 in conformity wdth the Canadian rule, and with the prac- 
 tice of the English Commons from which it is taken." 
 
 In the Senate it is usual to follow the English practice 
 and amend the bill, when necessary, on consideration of 
 
 ' Can. Com. J. [1877], 232. 
 
 - 217 E. Hans. (3), 345-58. It is not regular to discuss a particular clause, 
 •2o(j lb. 3. 
 ^ Maritime jurisdiction bill, 1877. Can. Com. J. [1878], 99- 
 * Can. Com. J. [1877], 224 ; lb. [1878], 200 ; Sen. J. [1867-8], 225. 
 5 Can. Com. J. [1877], 241. 
 ^ 1 h. [1869], 253. 
 See for English procedure, 136 E. Com. J. 116-118. 
 
548 
 
 PUBLIC BILLS. 
 
 the bill as amended iu (^ommittee of the whole.' As a 
 matter of fact, the Commons never amend the bill at this 
 stage in accordance with the English practice. It is quite 
 usual, however, lor a member to move that the order lor 
 consideration be discharged and the bill recommitted for 
 the purpose of amending the bill in any i)articular.' Th»» 
 bill may be ordered to be re^^rinted as amended, or re-com- 
 mitted to a committee of the whole, or to a select com- 
 mittee, immediately after reception of the report.'^ Or, on 
 the order of the day having been read for the considera- 
 tion of the bill, as amended, it may be recommitteu to a 
 select committee, and all petitions relating thereto may 
 be so referred, and counsel may be heard before the com- 
 mittee on the subject.* Bills may be recommitted anv 
 number of times to a committee of the whole or to a 
 special committee.' Bills may be recommitted with or 
 without limitation ; in the latter case the whole bill is 
 open to reconsideration ;'' but in the former case, the com- 
 mittee can only consider the clauses or amendments or 
 instructions referred to them,' 
 
 XIV. Bills not referred to Committee of the Whole.— It is not 
 an uncommon practice in the Canadian houses to pass 
 
 ' Sen. J. [1867-8], 222 ; lb. [1877], 14:]-4 ; lb. [1S7S], 180, 259, &c. 
 
 •" Can. Com. J. [1869], 240-252 ; lb. [1877], 208 ; 83 E. Com. J. 533 ; U'J^ 
 lb. 875. 
 
 ^ 129 E. Com. J. 228, 244 ; Can. Com. J. [1875]. 160 ; Lb. [1880], 124 ; Jh. 
 [1882], 158 (reprinting) ; Lb. [1877], 149 (select com.) ; Lb. [1878], 172 
 (com.'of Avhole). Sometimes the amendments, when they are short. :;n' 
 printed in the votes for the convenience of the house, when the bill has 
 been amended by a select committee ; common assaults' bill, 1878, p. J>. 
 V, & P. In such a case no formal motion need bo made ; a verbal diroi- 
 tion will be given to the clerk. 
 
 * 129 E. Com. J. 345. 
 
 ^ Can. Com. J. 1875, supreme court bill ; Lb. 1877, Pickering harbt»ui 
 bill ; 69 E. Com. J. 420, 444, 460 ; 128 Lb. 375. 
 
 « 129 E. Com. J. 284, 308 ; Can. Com. J. [1878], 170 ; Lb. [1880], 82. 
 
 ■ Can. Com. J. [1877], 115, criminal procodure bill ; 216, joint stock com- 
 panies' bill ; lb. [1878], 172, independence of parliament bill; 178, insur- 
 ance bill, 129 E. Com. J. 364 ; 179 E. Hans. (3), 826 ; Can. Hans. [1875] i'OS 
 
NOT REFERRED TO COMMITTEE OF THE WHOLE. 540 
 
 bills without reference to a committee of the whole. This 
 is almost invariably done in the case of the Appropriation 
 or Supply Bill,' and not unfrequently in the case of other 
 bills, also founded on resolutions passed in the committee 
 of the whole." Instances are also found in the Canadian 
 journals of Commons' bills not based on resolutions, as well 
 as of Senate bills having been passed without reference to 
 a t^ommittee of the whole' — being read at length in such 
 cases instead of being sent to a committee of the w^hole.' 
 Supply and customs' bills, on the other hand, have been 
 (Considered at times in committee, whenever it has been 
 found necessary to amend them. ' This proceeding is at vari- 
 ance with the general practice of the Canadian Commons, 
 and is not sustained by the modern usage of the English 
 house, w^here bills generally (exi^ept those reported from 
 standing committees) are considered in committee of the 
 whole.*' It may be added, however, that the practice in 
 the Canadian house appears to be follow^ed only in cases 
 where there is no wish or intention to propose an amend- 
 ment in committee. 
 
 In the Senate, public bills are also sometimes considered 
 without reference to a committee of the w^hole,' and inva- 
 riably so in the case of the supply bill. In the Lords, bills 
 are almost invariably committed, except towards the end 
 of the session, and then the question for a committee is 
 formally put and negatived.*^ 
 
 ' Chapter xvii., s. 11. 
 
 - Can. Com. J. [1867-8], 114 ; Ih. [1871], 117 ; lb. [1877], 33(3 ; lb. [1879], 
 37-1, &c. ; Sen. J. [1878], 205, 282. 
 
 ^ Can. Com. J. [1867-8], 37 (speaker's act); 226 (interpretation of stat- 
 utes) ; lb. [1873], insolvency bill, 314 ; lb. [1873], 179, 216 (Senate bills). 
 
 * This is an obsolete practice of no utility, and may be traced to the 
 exploded practice of reading bills at length. Seein/ra, p. 518 n. 
 '' Can. Com. J. [1867-8]. 421 ; lb. [1874], 207. 
 s 241 E. Hans. (3), 1238-9. See mpra, p. 539 n. 
 ' Sen. J. [1867-8], 309. 
 « Lords' J. [1877], 393, 405, &c. 
 
550 ITBLIC HILLS. 
 
 XV. Third Reading.— \Vheii th«' order of the day for the 
 third readinii" has been read, it is competent to move that 
 it be discliaru'iHl and the bill withdrawn,' or that it be r»- 
 cominitted." Formerly it was not nnnsnal when the* mo- 
 tion I'oi' the third reading" liad bi'en agreed to, to add 
 clauses, or make other amendments' ; but of late years the 
 house has followed the modern practice of the J^^nglish 
 C^ommons, which is stat(»d in a standing* order: "no 
 amendmiMits, not l^eing merely verbal, shall be mavie to 
 any bill on the third reading."' AYheneA'er it is proposed 
 to make important amendments, it is nsual to move to 
 discharge the order for the third readina-. and to go ba<k 
 into committee for the i)urpose.'' Or the house may Ix' 
 asked at this as at any other stage of a bill to divide on a 
 resolution relative to tho principle of the whole measure." 
 In the Senate, bills aie constantly amended on. the third 
 reading without going back to committee." Previous to 
 1880-81 it was customary not to require a formal motion 
 for the third reading, — a loose practice which sometimes 
 gave rise to misunderstandings w^ien members wished to 
 move amendments. Since then, the third reading is moved 
 regularly as in the Commons."^ The practice in moving 
 amendments is still verv variable. Amendments are now 
 
 ml 
 
 moved after the reading of the order,'* or on the motion for 
 the third reading — the proper time when there is a diver- 
 
 ' Can. Com. J. [lS7-i], 29S ; 112 E. Com. .T. 3S0, etc. 
 
 2 Can. Com. .T. [1S73],311 ; 113 E. Com. J. 318, vS:c. 
 ■^Can. Com. .T. [1S07-S], 112, ISO, 102. 
 
 * 21st July, 185fi ; 25'. :••. Hans. (3), l!», 20, 
 
 ^ Can. Com. J. [LS77], 228. 
 
 « 131 E. Com. J. 229. 
 
 'So.n. J. [1S67-S], 124, 27^; Ih. [1876], 11.3, 183, 212;//'. [1878]- 
 186 ; lb. [1880], 247 ; lb. [1882], 334. Same practice in Lords ; 151 E. 
 Hans. (3), 1967, 2077 ; 209 lb. 764 ; 20tli 1 eb., 1862 ; Lords' J. [1877], 2Cu. 
 
 "Sen. Hans. [1880-81], 401 (Mr. Si)eaker Macpherson's remarks). 
 
 3 Sen. J, [1882], 136, 147, 187, 227, 25/-9. This is generally the case will' 
 lirivate bills and amendments to which there are no objections. 
 
READ THIRD TIME AXD PASSED. bo\ 
 
 ■-ity of opinion as to the bill and amondmonts.^ Or they 
 ;ire moved after the third reading' has been agreed to.- 
 Sometimes it is found convenient to go back to <'om- 
 niittee.' 
 
 XVI. Motion, that the Bill do pass.— The next question put by 
 the speaker is ; 
 
 •■That this bill do puss, and that the title ho. et'-."' 
 
 This motion generally passes//e//?. a;//, immediately after 
 the third reading,' though it is quite reg'ular to defer the 
 iinal passage until a future day ;' or to move that the fur- 
 iher consideration of the bill be postponed; or to propose 
 other amendments against the principle of the measure 
 with the view of preventing its passage.'' On the 5th of 
 Ai:>ril, 18t7, in the Canadian Commons, a member proposed 
 to send a bill respecting insolvency back to committee, 
 l)ut the speaker ruled that such an amendment was inad- 
 missible at that stage — the third reading havino- been 
 agreed to.' Any amendment to the title may now be 
 made."^ 
 
 XVII. Proceedings after Passage, — Amendments, Reasons. — 
 When a bill has passed all its stages in one house, it is 
 reprinted in proper form and communicated to the other 
 house by one of the clerks at the table, who takes it up 
 and presents it at the bar to a clerk."' Every bill has en- 
 
 ' Sen. ,]. [1880-81], 203-0 ; Ih. [1880], 247 ; Ih. [18S2], 190, 327. 
 
 - Sen. Hans. (1880), 281-2 ; .Tour. L57, 100, 187 ; //'. (1880-81), 188 ; Ih. 
 .1882), 00. 
 
 ■• Sen. J. (1809), 1.31 ; Ih. (1870), lOo-O. 
 
 ' Can. Com. .T. (1877). 223, &c'. 
 
 ^ May, 484. In the Senate, 1879, the motion for the passage of a hill 
 nas negativetl, the si)eaker coming down from his chair to sj)eak and 
 \ote against tlie measure. Hans. p. 439. 
 
 « 80 E. Com. .7. ^i:> ; 100 Ih. 335 ; 117/6. 383. 
 
 " Can. Com. J. (1877), 220. 
 
 ^ 129 E. Com. .7. 00, 04, 11.5, 153, &c. ; Can. Com. J. (1874), 324 ; Ih. (1870) 
 217 ; Ih. (1879), 373. 
 
 ••• Sen. R. 100 ; Com. R. 97. 
 
552 VVBLIC BILLS. 
 
 grossed on its back the order of the house, in the two lan- 
 guages : That the clerk do carry the bill to the Senate (or 
 Commons) and desire their concurrence.' It' the bill is 
 passed by the Senate, to which it is sent, without any 
 amendment, a written message is returned to that effect.- 
 li' the bill is amended, a message is sent desiring the con- 
 currence of the other house to the amendments, which are 
 always attached to the copy of the bill.' If the bill fail in 
 either house, no message is sent back on the subject, and the 
 fate of the measure can only be decided by reference to the 
 records of the house, to which it was sent for concurrence.' 
 Rule 23 of the Commons provides : 
 
 ** Amendments made h-j the Senate to bills originating in this 
 house, shall be placed on the orders of the day next after bills 
 reported on by select committees." 
 
 The practice in both houses with respect to amend- 
 ments is the same. "When the amendments are of an un- 
 important character, or there is no objection to their pas- 
 sage, they are generally read twi(.*e and agreed to forth- 
 with ;'* but if they are important their consideration is de- 
 ferred until a future day.*' The speaker of the English 
 Commons lays down the English practice as follow^s : " In 
 cases where expedition is necessary, it has been the prac- 
 tice of the house occasionally — especially late in the ses- 
 sion — to order that these amendments shall be considered 
 forthwith. But on such occasions the member in charge 
 of the bill is bound to satisfy the house that expedition is 
 necessary."' 
 
 ' Sen. J. (1878), 187 ; Can. Com. J. (1878), 202, 265, &c. 
 
 •^ Sen. J. (1878), 216 ; Com. J. 224. 
 
 » Sen. J. (1878), 277 ; Com. J. [1877], 131, 322. 
 
 * Receiver-general and attorney-general of Canada bill; Com. J. 1878, 
 p. 155 ; Sen. J. p. 201. 
 
 » Sen. J. (1878) 277. 
 
 « Sen. J. (1869), 170 ; Com. J. (1877), 183 ; lb. (1878), 261, 292. 
 
 T 225 E. Hans. (3), 650. See also, 110 E. Com. J. 458, 464 ; 135 E. Hans. 
 (3), 1411. 
 
AMEXD.yfEXrS. 
 
 55:; 
 
 If one house agree to the amendments made in a bill by 
 the other house, a message is returned to that eftert, and 
 the bill is consequently ready to be submitted to the gov- 
 ernor-general.' In ease the amendments are objected to, a 
 member may propose : That the amendments be considered 
 that day "thr(!e" or '"six" months ;- and, when sueh a motion 
 is agreed to, the bill is practically defeated for that session. 
 But under ordinary circumstances, when there is a desire 
 to pass the bill if possible, a member will move that the 
 amendments be " disagreed to " for certain " reasons," whicli 
 are communi<'ated by message to the other house where 
 the amendments were made. Thest> reasons are moved 
 after the second reading of the amendments.' If the Se- 
 nate or Commons do not adhere to their amendment, on 
 the reasons bnng communicated lo them, they return a 
 message that " they do not insist, et(^ '" ; and no further 
 action need be taken on the subject. ]>ut if they " insist 
 on their amendment," ' then the other house will be called 
 upon to consider whether it will continue to disagree or 
 waive its objection in order to save the bill. In the latter 
 case, the house which takes strong ground against an 
 amendment, will agree to a motion that it "does not insist 
 on its disagreement," but concurs in the amendment made 
 by the other house ; and consequently the measure is 
 saved.'' In 1878, the Senate having insisted on their 
 amendments to two Commons' bills, respecting the su- 
 preme and exchequer court and the Pembina branch of 
 
 iCan. CoiiL.T. (1S7G), 153 ; Ik (1S78), 260 ; Sen. J. (1878), 177. 
 
 ^ Sen. J. (1876), 190; Can. Com. J. (1877), 350, Albert K. R. bill ; Ih. 
 (1877), 281. 
 
 ' Can. Com. J. [1874], 31J» ; lb. [1877], 262 ; Ih. [1878], 2(i3 ; Ih. [1882], 
 508 ; lb. [1883], 326 ; Sen. J. [1S78], 293, &c. 
 
 * Sen. .J. [1878], 232, 289, 290 • Ih. [1880], 277 ; Com. J. [1S77], 328 ; Ih. 
 [1882], 512. 
 
 * Sen. J. [1878], 289. In such a case the reasons are also given. lb. 
 275-6. 
 
 « Sen. J. [1878], 295 ; lb. [1882], 335, 341, 342; Can. Com. J. [1877], 328; 
 lb. [1878], 298 ; lb. [1882], 515 ; 113 E. Com. J., 332. 
 
.■)o4 rrnLic HILLS. 
 
 tho rjicilic Kailwiiy, th«' government allowed thrni to 
 drop ; and llie same was done in 18s;} in the ease ol" a bill 
 larthcr to amend the lisheries' art.' The old practice ol 
 resorting to a conference, in order to bring about an 
 agreement between the two houses, is now virtual! v 
 obsolete, though the Commons have still a rule on the 
 subject." 
 
 When amendments made by one house to a. bill from 
 the other house are received back, and are under consid- 
 eration, it is not regular to discuss thc! bill itself, or iis 
 l)rinciide, or the policy of the government thereon ; inn 
 tho debate must b<^ confined to the amendments.' Nor 
 ou a motion for disagreeing to an amendment of this kind, 
 is it regular to enter into a general discussion of the prin- 
 ciple of the bill, but all debate should be confined to the 
 amendment and the reasons for the same.' 
 
 Neither house can regularly, at this stage, insert any 
 new provision, or amend, or omit any part of a ]>ill it has 
 passed itself and sent up to tlu' other house for concur- 
 rence.' But it is perfectly in ordtn- to propose any amend- 
 ment to an amendment made by the one house to a bill 
 of the other liouse, provided it is " consequential " in its 
 nature ; that is to say, consequent upon, or relevant to 
 the amendment under consideration." In 1879, a bill re- 
 specting petroleum was sent up to the Senate for concur- 
 
 ' Sen. J. [1878], 277, 2T)4 ; Com. ,T. 284, 298 ; Com. Hans. 2o.-)0, 255:1 : 
 Sen. J. [1883]. 28S ; Com. J. 4;5G. 
 
 - Cliapter xiv., s 2. 
 
 •' 241 E. Hans. (;5), 840; Can. Hans. [1880], 1985. 
 
 * Can. Hans. [1877], 187!», Albert R. R. bill ; Ih. [1878], 2457, Canada 
 Racific R. R. l)ill. 
 
 5 9 E. Cora. J. .547 ; 91 Ih. 592 ; 114 !)>. 375 ; 121 Ih. 472 ; 135 E. Han^. 
 (3), 828 ; Can. C(»m. J. 1875, March 23, marine electric telegraphs bill ; ll. 
 1878, April 5, Canada Soutliern R. R. bill. 
 
 « May, 587 ; 19:5 E. Hans. (3), 1920 ; 129 E. Com. J. 299 ; 115 Ih. 494 ; 
 120 Ih. 197 (an amendment in body of bill, consequent upon a lords" 
 amendment). Sen. J. [1877], 228 ; Ih. [1882], 328 ; Can. Com. J. [1809], 
 281 ; lb. [18771,201,208; I}>. [1879] 415 ; Ih. [1882], 508, 509, 513, 514, 
 515 ; Ih. [LS83], 323. 
 
AMIJXDMJLXTS. 
 
 0.)> 
 
 reiico. Tt had ])eoii amciitL'd in tho Sciinto and sent Lack to 
 iho Commons, wlicii it was disi'ovcrcd tliat a vory impor- 
 tant matter liad been Idl out of tlu' bill. As it was iin- 
 [)Ossiblo to alter the bill at that sta^e, since tlie recpiisiic 
 .imendment was not consequent on tli<' Senate amend- 
 ment, it was necessary to introduce a short bill embody- 
 ing the provision in (jvu'stion.' 
 
 Sometimes bills are returned from the S*'iiate with 
 amendments which appear to infrinu'e on the privileges 
 of tho Commons. In such cases the bills are sent back 
 with reasons for disau'reeing* to the amendments;"" or if 
 tho amendments are of an unimportant character and the 
 house is anxious to avoid all delay, they are at once agreed 
 to with a special entry in the Journals of the house, so 
 that the agreement may not be drawn into a precedent.' 
 
 Bills origimiting" in one house are brouuht down to the 
 other house with a message, "'That the Senate (or Com- 
 mons) have passed a bill intituled, etc., to which they 
 desire the concurrence of this house."' It is usual for the 
 member who has charge of the bill to move immediately 
 that it be read a first time, and placed for its second read- 
 ing on the orders.' The motion for the first reading will 
 l)e decided without amendment or debat(\ in accordance 
 Avith rule 42 of the Commons. The moment a bill comes 
 into possession of eithi^' house it is subject to all its rules 
 with respect to bills. 
 
 XVIII. Revival of a Bill temporarily superseded.— The question 
 has been frequently discussed in the Canadian House of 
 Commons, whether it is necessary to give notice of a 
 motion for the revival of a bill, which has tempo rarUy dis- 
 
 ' Can. Com. J. [1S70], 42*2. The error was pointed out in the Senate, 
 when the ori;j.inul bill had passed its tinal stage, but it was too late then 
 to rectify it. Sen. Deb. [1S7!>], (JOi). 
 
 ^ Can. Com. J. [1873] 430 ; Sen. J. 330 ; timber duties at Quebec. 
 
 ' Can. Com. J. [1S74], 336. See mpm, p. 514. 
 
 ^Sen. J. [187S], 231, c^c. ; Can. Com. J. [].S78], 171 ; 129 E. Com. J. 281. 
 
 ^ Son. J. [1878], 231 ; Com. J. [1878], 171 ; 132 E. Com. J. 110. 
 
5o6 JTIilJC HILLS. 
 
 nppoarcd from tho ()rd(U- papor.' llulo 31 of the hoiiso, 
 Avhich requiii's two days' notice of a motion says dis- 
 tinctly that an exception shall be made of bills '" after their 
 introdiK'tion." -' A notice of a motion for leave to intro- 
 di\ce a bill does not {^o on the order paper among the 
 ordinary notices of motions, but is placed at the head of thi> 
 paper contiuning the daily order of business,' for the infor- 
 mation of the house. When motions are called durinu' 
 the progress of routine business — always before calliuu 
 of orders of th«! day' — the members i)ropose their motions 
 for leave to intro(Ui<^e bills, in the manner previously ex- 
 plained in the opening- part of this <hapter. If such 
 motions were allowed to go on the notice paper, the intro- 
 duction of many bills would ni'cessarily be indefinitely 
 ])ostponed, sinci> only particular days or parts of days are 
 devoted to " notices of motions,"' and it not unfrequently 
 happens that weeks trapse before a particular motion is 
 reached. Th<^ practice in the Canadian house in reference 
 to a ])ill temporarily superseded, has been to move that it 
 be read a second or third time, or committed, (as the case 
 may be), on a future day, as soon as motions have been 
 called in their due order.' 8uch a motion preA'ents sur- 
 prise and is equivalent to a notice. The same subject has 
 also been considered in the English house, and the same 
 I'onclusion arrived at in reference to a bill which had dis- 
 appeared from the order paper, on account of a committee 
 having arisen wathont reporting." On another occasion 
 it was decided : 
 
 ' Supra, ]}. 530. 
 
 '- Supra, p. [\09. 
 
 ' This practice was conimenoed in the session of 1880, notices of bills 
 having previously api»eared only in the votes. 
 
 * Supra, p. 309. 
 
 ^ Can. Speak. D. 132. Interest bill, 1870 ; insolvency bill, April 3, 187<i. 
 < 'an, Hans. Bill for relief of Robert Campbell, April 2-1 and 20, 1877, Can. 
 Hans. Albert railway company bill, April 27, 1877. Criminal law 
 -amendment bill, 30th March, 1883 (Mr. Speaker Kirkpatrick's decision). 
 
 " See remarks of iNIr. Speaker Denison on this point. 1 70 E. Hans. (3), 91^. 
 
ISTRODIXED BY MISTAKE 
 
 55T 
 
 "If a memltei" wishes to alter a bill his eoiii-se is to ask leave 
 of the house to withdraw the bill and ]>i'Oseiit anothei- instead 
 thereof. Under such eiroinnstances no notice on the part of the 
 membor in ehai'i^e is necessary in oi'der to raise the (|iiesti(;ii 
 whether ho shouhl, or shouM not, be permitted to pivsentanothci- 
 bill.'" 
 
 Again, \vhon the motion for the second reading' of a bill 
 has been negatived, it has been imniediatidy followed by 
 another for reading" it that day three or six months.- If a 
 bill becomes a dropped order by the counting out of the 
 house it is competent for a m»,'mber to revive it on a sub- 
 sequent day without notice.' 
 
 In the Senate, on one occasion, a private bill was re- 
 ferred to the supreuK' <'ourt for an opinion as to whether 
 it came within the jurisdiction of the Parliament of Can- 
 ada, and as this was done by an amendment to the motion 
 for the third reading, the bill disappeared from the order 
 paper. Consequently when the judges had reported 
 favourably, it became necessary to restore the bill to the 
 paper, which was done without notice.' 
 
 XIX. Bill introduced by mistake.— If a l)ill should be intro- 
 duced by mistake, and the order mad«^ for the second 
 reading, it will be necessary to move for the discharge of 
 the order and the withdrawal of the bill. In the session 
 of 1878, the minister of marine had two resolutions re- 
 specting merchants' shipping on the paper; the house 
 agreed to one, and then he introduced a bill, which was 
 ordered to be read a second time on a future day. It 
 transpired, however, on the following day that he had in- 
 advertently introduced a bill which was intended to be 
 based on the second resolution, not then adopted by the 
 
 » 215 E. Hans. (3), 303. Also, 214 lb. 194. 
 
 ■•' 107 E. Com. J. 267 ; 110 Ih. 199. Tliis is done to prevent a revival of 
 the bill during the same session. 
 
 '' 202 E. Hans. (3), 1716 ; Blackmore's Sp. D. [1882], 34. 
 
 * Canada Provident AKSociationbill,Sen. J. [1882], 273-4,316 ; Hans. 698. 
 
 ^sn 
 
558 rUBLIC HILLS. 
 
 house. Ho was th<n-eupoii allowed to withdraw the bill 
 and introduce the; one properly consequent upon the 
 passage of the iirst resolution.' 
 
 XX. Expedition in passage of bills.— It is the usual and cor- 
 rect practice to allow a day or two to intervene between 
 Ihc different stages of bills ; but during* the latter part of 
 the session, when the house is anxious to dispose of the 
 business before it, many bills are permitted to pass witli 
 unusual speed. The rules of the Senate provide : 
 
 41. '• Every bill is to uivlergo three separate i-eadings, each on 
 a ditt'erent day. 
 
 42. " Eills of an urgent nature are sometimes allowed to pas^ 
 with unusual expedition through their several stages." - 
 
 And the invariable practice in the Senate is, whenever 
 it is desired to read a })ill more than once on the same day, 
 to move formally the suspension of the rule, in conformity 
 with the practice of the House of Lords."' This p)i'i^<"tice. 
 however, only applies to the ease of readings ; when a 
 bill has been read twice, the house mav go immediately 
 into committee thereon, without requiring the suspension 
 of any rule.' 
 
 Rule 43 of the Commons provides : 
 
 " Evciy bill shall receive three several i-eadings on difl^eronr 
 days, previously to being passed. On urgent or extraordinary 
 occasions, a bill may bo read twice or thrice, or advanced two oi' 
 more stages on one day." 
 
 ' INIarch i'li, 1S78. See Can- II; fs. [1878] 801 for an illustration of a case 
 Avhere a private l>i]l had licen i oducod before the. application has been 
 j-eported on by the coniniittec i standing orders. Also, Can. Com..!. 
 [1880], 59, 03 (marriage bill). 
 
 - In the session of 1882, a moiion was passed in the Senate to the etfect 
 that government bills should be deemed " urgent " in accordance with 
 the 42nd rule. Sen. Hans. pp. GOS-700, 705 ; Jour. 318. Notice was given 
 of this motion, Min. of P., p. 504. 
 
 '' Sen. J. [18G7-8], 293, 294, 299, 309, 312, &c. ; lb. [1878], 285-0 ; Ih. 
 [1880], 274, 275 ; lb. [1882], 50. 
 
 ' lb. [1809], 220, 230 ; Ih. [1878], 280. 
 
I'ltGKXCY 
 
 550 
 
 When the question has been raised in the C^ommons, if 
 lias been generally decided that it is for the house to 
 dticlare wliether thtn-e is such urgvnicy as to require the 
 ra]">id passag*' of the measure ;' and whi^never the sense 
 oi" the hou' ' is I'o take more than one stage on tlie same 
 day, the s,>caker has permitted it to ])e done. As a rule, 
 l)ills in the English Commons pass through their various 
 stages with an interval oi' a day or two between eacli. 11" 
 a bill is amended in committ(^e, it will not be (Considered 
 immediately and read a third time on the same day except 
 under exceptional circnimstances. Towards the close of 
 the session, however, ])ills whi<*h hav(^ not been amended 
 in committee are frequently allowed to be read a third 
 time forthwith.- " It was at the option of an}" hon. nn^m- 
 ber," said Mr. Speaker Denison on one occasion, " if he 
 thought it inconvenient or improper, to interfere ; Imt if 
 the body of the house was satisfied that there was no 
 objection, then it had not been unfreqnent that a bill, if 
 it had passed through committt^e without amendment or 
 objection, should be read a third time and x>assed on the 
 same day." On the same occasion the mover of the bill 
 stated that he had given notice on a previous day that he 
 should ask to be allowed to pass the bill through all its 
 stages on that evening.' In fact in England, as in this 
 country, when urgency <*an be shown, the house will 
 
 1 Can. Speak. D. Xos. 40, 139, 140; also, Can. Hans. (lS7s), 200H-7, 2157 ; 
 also, 2oG E. Hans. (3), 7(jS. Speaker Brand said in 1S80 : '* It is occasion- 
 ally the custom to pass bills throiijrli their dillerent stages at one and tlie 
 same sitting. That course, however, is never taken exceijt in cases of 
 extreme urgency, and with the general assent of the house." 254 IC. 
 Hans. (3), tiOD-lO, 04(5. 
 
 '^ R. 47 leaves it within the authority of the house to order the 3 II. 
 immediately in such a case: " When a bill is reported without amend- 
 ment, it is forthwith ordered to be read at such time as may be appointe<l 
 by the house." Can. Hans. (1879), 1575, marine electric telegraphs bills. 
 
 ^ 184 E. Hans. (3), 2107. See also, ]Mr. Speaker ^lacpherson's decision ; 
 Sen. Deb. (1880), 216. 
 
160 
 
 PUBLIC BILLS. 
 
 allow a hill to pass through several stages' (except moiK'}- 
 hills of course)' on one day ; hut such occasions seldom 
 arise, and the wise practice is to give full consideration to 
 every measure. 
 
 XXI. Bills, once introduced, not altered except by authority of 
 House.— While a l)ill is in progress in the Commons, no 
 alteration whatever can be made in its provisions except 
 by the authority of the house. If it should be found 
 that a bill has been materially altered since its introduc- 
 tion it will have to be withdrawn.' A clerical alteration, 
 however, is admissible.' If it be necessary to make any 
 changes in a bill before the second reading the member in 
 charge of it will ask leave to " withdraw the bill and jDre- 
 sent another instead thereof"' In the Canadian house. 
 18Y4, the order for the second reading of a bill relative to 
 usury was discharged, and the bill withdrawn. On the 
 following day, the member interested in the bill was 
 given leave to bring in another on the same subject, but 
 with an amended title.'' In the session of 1888, the atten- 
 tion of the speaker was directed to the fact that the repre- 
 sentation bill had been materially altered since its intro- 
 duction, and that it was not, in consequence of such alte- 
 rations, the same bill that had been presented a few days 
 before to the house. Mr. Speaker Blanchet at once decided 
 that the bill could not be allowed to proceed, and that it 
 was necessary " to follow strictly thereafter the practice 
 of the English Parliament and not permit any changes, 
 except mere clerical alterations, in a bill when once regu- 
 
 ^ May says " there, arc no orders to be found in the journals which tur- 
 bid the passing of bills in this manner," p. 000. Also, 244 E. Hans. (3), 
 1491-2. 
 
 ■^ See mpra, p. 498. No instance of this course being taken in England 
 with regard to money bills, 239 E. Hans. (3), 1419. 
 
 3 215 E. Hans. (3), 300. 
 
 * 108 Ih. 909 ; 237 Ih. 362-3. 
 
 5 111 E. Com. J. 211-3 ; 117 Ih. 202 ; 132 Ih. 84, 243- 
 
 « Can. Com. J. (1874), 123, 120. 
 
CORRECT ION OF MISTAKES. 
 
 561 
 
 larly before the house." The bill was aecordiiigly with- 
 drawn and another immediately presented.' No notice 
 need be given in such cases, as the original order of leave 
 for the introduction is still operative.- 
 
 XXII. Mode of correcting mistakes during progress of a Bill.— 
 Sometimes mistakes are discovered in bills after they have 
 been sent up to the other house. For instance bills may 
 be sent without having passed all their stages, or without 
 certain amendments that had been made therein. AVheii 
 a bill has been sent up by mistake to the Lords without 
 certain amendments, a message has been transmitted lo 
 that house asking them to make the necessary amend- 
 ments, either by adding the requisite provisions, Or by 
 expunging certain clauses or parts of clausi's.'' When a 
 bill has been sent up without having been read a third 
 time, a message has been received for its return ;- and in 
 such a case, if the house agree to the request, the bill will 
 be discharged from the orders.^ On another oc<^asion 
 when several amendments made by the Commons were 
 not in the bill sent to the Lords, the former have trans- 
 mitted a correct copy of the bill.^ In the session of 1875, 
 a bill " to incorporate the Royal Mutual Life Assurance 
 Company of Canada " was amended in the Senate and sent 
 back to the Commons, where the amendments were con- 
 curred in. Subsecjuently the House of Commons was in- 
 formed by message that an amendment to the title had 
 been inadvertently left out in the copy of the bill sent 
 
 ' Can. Com. J. ( 1SS2), 400. 
 
 - 215 E. Hans. (3), 307 ; Rupra, p. 537. 
 
 •• 78 E. Com. J. 317 ; 91 Ih. 039 ; 92 Ih. 009, 040 ; 100 Ih- 804. 
 
 ' 75 E. Com. J. 447 ; 80 Ih. 312 ; 92 / h. 572. 
 
 " 101 Ih. 1277. In the old Canadian legislature the practice was gener- 
 ally to ask for the return of a bill, when it had been sent up withojit amend- 
 ments or was otherwise inaccurate. Leg. Ass. J. (1800), 2()8, 274 ; 379, 380. 
 When a bill has been sent down by mistake, a message is sent forMts 
 return, and a new one then brought down. Leg. Ass. J. (1854-5), 1014. In 
 another session, amendments were agreed to in error, and the bill_had to 
 Ix) brought back ; Ih. (1805, 2nd session) 200, 209. 
 
 36 
 
562 
 
 PUBLIC BILLS. 
 
 back to the Commons, and requesting that leave be giv(Mi 
 to the proper officer of the Senate to supply the omission. 
 It was accordingly resolved by the house to give the ne- 
 cessary leave, and a message was returned to that effect. 
 Then the omitted amendment was considered and regu- 
 larly agrei'd to.' This is the ordinary practice now in the 
 case of an amendmeni being omitted in anv bill.- But 
 when a bill has been sent to the other house without 
 having passed through all th(^ necessary stages, a message 
 must be sent for the return of the bill ; and when it has 
 been brought back, it will be taken up at its proper stage 
 and passed in due form — the standing orders being sus- 
 pended when necessary.^ "When a bill has passed all its 
 stages, and it is discovered that it should have previously 
 received the royal consent, it will be necessary to strik(^ 
 out the entry, and give an opportunity to the member in 
 charge of the bill to obtain the necessary assent.' 
 
 XXIII. Accidental Loss of a Bill during a session.— If a bill pre- 
 sented to the house should be accidentally lost during 
 its progress, the house on being informed by a member 
 that it is missing, will permit another bill to be presented ; 
 but the proceedings must begin de novo? In the session 
 of 1849 a large number of bills were destroyed by the 
 burning of the parliament house at Montreal ; and a com- 
 mittee was appointed to consider what was to be done 
 under the circumstances. The committee reported : " Your 
 
 ' Can. Com. J. (1875), 354-5 ; Sen. J. 258, 267. 
 
 - 103 E. Com. J. 73 ; 112 Ih. 420. 
 
 ^ 119 lb. 370, 374 (Lords' bill). In 1877 when an amendment l)ad beoii 
 made by a select committee of the Commons, but not agreed toby the house 
 — not having been reported by the committee — the persons interested in 
 the bill took steps to have the amendment made in the Senate forthwith ; 
 this plan saved time ; Kincardine harbour bill. Otherwise it would have 
 been necessary to ask for the return of the bill and commence proceed- 
 ings de novo. 
 
 ' 107 E. Com. J. 157 ; mpra p. 473. 
 
 ' 2 Hatsell, 267 ; Bramwell, 28 ; 63 E. Com. J. Jesuits' Bark bill. 
 
O^X'E PASSED on REJECTED. 
 
 5G3 
 
 i ommittoe consider that the substantial point to be ascer- 
 laiued with a view to the public interest is the actual 
 stage in which each bill was under the consideration oi' 
 the house at the time it was lost. When that is once ascer- 
 tained to the satisfaction of the house, your committee 
 ran see no necessity upon any general principle to treat 
 them as in any other stage of parliamentary progress 
 towards completion than that in which the calamity by 
 which they were overtaken found them." ' By reference 
 10 the proceedings of the legislature it will be seen that 
 ia most cases a new bill was presented and passed imme- 
 diately through all its stages. For instance, a bill in 
 reference to marriages had been passed and returned by 
 the legislative council wath amendments previous to the 
 lire. A message was afterwards sent to the council inform- 
 ing them that the bill had been destroyed ; a new bill 
 was then sent up and passed by both houses without 
 delay." 
 
 XXrV.— A bill, once rejected, not to be again offered in the same 
 session.— Exceptions to rule.— It has been elsewhere ' shown that 
 it is a well established rule of parliamentary practice that 
 110 question or motion can regularly be offered upon which 
 the judgment of the house has been expressed during the 
 i^urrent session. But while this rule is recognized as a 
 i^eneral one, it is limited in its application as respects 
 bills. In reference to amendments to bills, Hatsell lays 
 'lown the uniform practice which still obtains in the 
 Canadian and English Parliaments : " That in every stage 
 of a bill, every part of the bill is open to amendment, 
 ither for insertion or omission, whether the same amend- 
 
 ' Leg. Ass. J, 1849, App. S.S.S.S. Mr. Baldwin was chairman. 
 
 "- Leg. Ass. J. [1849], 287, 298. Also, Montreal Merchants' Exchange 
 and Reading-room bill, 285, 301 ; Quebec St. George's Society, 223, 302 ; 
 iiore the bill had finally passed both houses, and a new bill was ordered 
 and rules suspended ; Eoman Catholic Archbishop of Quebec bill, 243, 
 :^87, 309, 313. 
 
 ^Chap. xi.,s. 9. 
 
5G4 PUBLIC BILLS. 
 
 ment has been, in a former stage, acct^pted or rejected." ' 
 But if an amendment has been rejected in a committee of 
 the whole on a bill, it cannot be proposed again durini* 
 the x>endency of the bill in the committee.' 
 
 The following illustrations of the practice with refer- 
 ence to bills are given by the English authorities, and 
 are suflicient to show how far the application of the ge- 
 neral rule is carried in such cases : 
 
 Where the house has merely come to a vote, refusing 
 leave for the introduction of a bill, and a motion is after- 
 wards made, which is objected to on the ground of its 
 identity with the former, the question must be determined 
 by comparing together the two propositions as they stand. 
 Thus, where a motion was made for leave to bring in a 
 bill " to relieve from the payment of church rates that 
 portion of Her Majesty's subjects who conscientiously 
 dissent from the established church," which was decided 
 in the negative, a motion subsequently made " to relieve 
 dissenters from the established church from the payment 
 of church rates," was considered to be within the rule, 
 and consequently inadmissible, on the ground, that the 
 two propositions, though different in form and words, 
 were substantially the same.'^ 
 
 If the second or third reading of a bill sent from one 
 house to the other, be deferred for three or six months, or 
 if it be rejected, it cannot be regularly revived in the 
 same session.' Again when a bill has finally passed, it 
 cannot be introduced again in the house where it wa.s 
 presented. ' But there are ways of evading this rule, when 
 
 1 2 Hatsell, 13.5. 
 
 - May, 335 ; 211 E. Hans. (3), 137. 
 
 '^ 1 Hans. (3), 553. 
 
 * May, 337 ; Bramwell, 27 ; Hakewell, s. 5 ; June 22, 1821, forgery 
 punishment ; Jan. 9, 1807, Ibid. 
 
 '" May, 337. The Senate have a special rule on this point, No. 46 : " Wlieii 
 a bill, originating in the Senate, has passetl through its final stage therein. 
 no new bill for the same object can be afterwards originated in the Senate 
 during the same session." This rule came up for discussion in the Senate 
 
OXCE PASSED OR REJECTED. 
 
 5g:> 
 
 the necessity arises. For instanoe, if a bill begun in one 
 honse be rejected in the oth<^r, '' a new bill of the same 
 matter may b(^ drawn and commenced again in that house 
 w hereunto it was sent." Or, if a bill " being begun in 
 I'ither of the houses, and committed, it be thought by the 
 committee that the matter may better proceed by a new 
 bill, it is likewise holden agreeable to order, in such case, 
 To draw a new bill, and to bring it into the house." ^ Or 
 it" a bill b^' altered in any material point, both in the body 
 and title, it may be re«^eived a second time.- Or, when a 
 hill has been rejected in the Lords on account of its mul- 
 tifarious provisions, the Honse of C^ommons has given 
 leave for another bill to be brought in during the same 
 session for some of the matters contained in the former 
 bill, others being omitted ; but the house has in such 
 cases directed an entry to be made in the journals of the 
 reasons which induced the house to pursue this course.' 
 And w^hen part of a bill has been omitted by the Lords, 
 and the Commons have agreed to such amendment, the 
 part so omitted has been renewed, in the same session, 
 in the form of a separate bill.^ Again when the Lords 
 have inserted clauses in a Commons bill, which appear 
 to infringe upon the privileges of the latter, the bill has 
 been dropped ; and in such a case, the Commons have 
 allowed the introduction of another bill, containing the 
 amendments to which they haA^e been willing to agree ; 
 and the bill has been ultimately agreed to by both houses.' 
 
 in 1883. when a bill in amendment of a Senate bill passed that session 
 
 Itooms in navigable waters bill) was introduced. It was considered 
 
 advisable to suspend the rule ; but the more correct course would have 
 
 heen to have presented the bill in the Commons. Sen. Hans. pp. 612-13. 
 
 ' Lords' J. 17th of May, IGOO ; 2 Hatsell, 125 ; Bramwell, 27 ; 151 E. 
 Hans. (3), 699. 
 
 - Bramwell, 27 ; Hakewell, sec. 5. 
 
 ^ Bramwell, 27 ; E. Com. J. 9th of Jan., 1807. 
 
 * May, 336, drainage (Ireland) bill ; drainage and improvement of land 
 (Ireland) bill, 1863. 
 
 ^ May, 337. 
 
1)66 PVBI.TC BILLS. 
 
 Or, in case the bill is brought up with ameiidmonts to 
 which the Commons cannot agree consistently with a 
 regard to their own privileges, they may lay the bill 
 aside and bring in anoth( r. ' Ikit if a bill has been 
 rejected during the session, aiid anothc^r bill is still before 
 the house containing j^rovisions similar to those in the 
 former bill, it will bo necessary for the house to strikr 
 out those provisions which have been already negatived.- 
 
 The foregoing examples illustrate cases where there is 
 a public necessity for passing a bill ; and it will be seen 
 that the houses, in the m^ans they took, did not practi- 
 cally violate the general rule, the wisdom of which is 
 obvious. The rule has always been strictly enforced in 
 the Canadian Commons ; notably in the case of two 
 Interest Bills in the session of 18*70.' 
 
 In the session of 1877, Mr. Barthe introduced a bill to 
 repeal the insolvency bill, which was ordered for a second 
 reading on a future day. Some days later Mr. Palmer 
 introduced a bill with the same title, and to the same pur- 
 port. The question was raised, could the latter bill be 
 regularly presented, since there was already one on the 
 same subject before the house ? By reference to the 
 English authorities it was iound that a similar question 
 came up in the House of Lords during 185-1, and Lord 
 Lyndhurst stated the rule as follows : " Whilst a bill is 
 still pending, and until it is completely disposed of, there 
 is nothing whatever to prevent another bill for the same 
 object being introduced." Lord Lyndhurst also quoted 
 a memorandum from an eminent officer of the House of 
 Commons (Sir T. E. May) to this effect — " No objection 
 can be raised to the introduction of a bill into the House 
 of Commons on the ground of there beino^ a similar bill 
 
 1 91 E. Com. J. 777, 810 ; revenue charges bill, 1854. 
 
 - 203 E. Hans. (3), 503. 
 
 •' Can. Com. J. [1870], 314 ; one bill was postponed for three months, 
 and the speaker refused to alloAV the introduction of another. Also, Can. 
 Sp. D. Nos. 51, 111 ; 123 E. Com. J. 1S2, 145. 
 
ROYAL ASSEXT. 
 
 
 ulieady before the house. Indeed we have at present two 
 ladia bills before us, — Lord ralmerston's and Lord Derby's 
 — awaiting a second reading. It is the rcjertion and not 
 the pendenrif of a bill that creates :i difficulty as to th(» 
 ulterior proceedings. The rul.> applies to both houses." ' 
 In the case of the insolvency bills just referred to, Mr. 
 liarthe's was postponed for three mom lis, and when the 
 erder for the second reading of the other came up, Mr. 
 Palmer moved that it be discharged. Many cases of bills 
 to the same ellect having been introduced in the same 
 session, will bo found in the Canadian journais.- 
 
 XXV. Royal Assent to Bills.- The ])ills passed by both 
 houses renniin in the possession of the clerk of the Parlia- 
 uieuts' or clerk of the Senate as he is commonly called, 
 (with the exception of the supply bill which is always 
 returned to the Commons)' until his Excellency, the 
 Grovernor-Creneral, comes down to giv«' the royal assent 
 in her Majesty's name. When his Excellency has taken 
 his seat upon the throne and the Commons are present at 
 the bar, the clerk of the crown in chancery reads seriatim 
 the titles of the bills which are to receive the royal assent. 
 Then the clerk of the Parliaments having made his obeis- 
 ance to the governor-general gives th(» royal assent in the 
 prescribed formula/' 
 
 As a rule all the bills receive the royal assent at the end 
 of the session, when the governor-general comes dov.'n to 
 prorogue Parliament. In 186 Y-8, however, it was found 
 necessary to adjourn from December to March, and his 
 Excellency consequently came down on the day of adjourn- 
 
 > 151 E. Hans. (3), (599 ; 2()4 Ih. 204(i. 
 
 '^ Leg. Ass. J., March 29, 1849; increase of representation bill. Colonic 
 debates ; interest bill, 1870. . 
 
 •* Supra, p. 159. 
 
 * Supra, p. 503. 
 
 ' Sen. J. [1878], 296-7 ; Com. J. 299-310, &c. 
 
508 
 
 Pi'liUC HILLS. 
 
 mont and assontod to all tho bills pass(^d up to that time.' 
 Somctimos in a great public cmfrg-cncy it is necessary 
 to give immediate effect to an act. This was done iu 
 the session of 1870 — the year of th(^ Fenian difficulties — 
 when a bill " to authorise the api)rehension and detention 
 of persons suspected of committing acts of hostility or 
 conspiring against her Majesty's person and government" 
 was passed through all its stages and received the royal 
 assent on the same day.- In 1873, 1878, and 1880, 1880-1, 
 and 1882, a number of bills were assented to in the course 
 of the session.' On such occasions, when the House of 
 Commons returns from the Senate chamber, the speaker 
 (who has received a list from the clerk of the Senate) will 
 report the acts to the house, so that the titles may appear 
 on the journals.' 
 
 When any bills have been reserved the titles have also 
 been read by the clerk of the crown in chancery, and the 
 clerk of the Parliaments has announced the fact in thes<» 
 words in the two languages : 
 
 "His Exceltcncy, tho Governor-General, doth reserve these 
 bills for the signitication of her Majeisty's pleasure thereon." 
 
 The following are the sections in the British North 
 America Act, 1867, which refer to the royal assent and to 
 reserved bills : 
 
 55. " Where a bill passed by the Houses of Parliament is pro- 
 senttd to the governor-general for the queen's assent, he shall 
 declare, according to his discretion, but subject to the provisions 
 of this act and to her Majesty's instructions, either that he assents 
 thereto in the queen's name, or that he withholds tlie queen's 
 assent, or that he reserves the bill for the signitication of the 
 queen's pleasure. 
 
 1 Can. Com. J. [1867-8], 134. 
 
 2 lb. [1870], 186-8. 
 
 3/6. [1873], 265; Ih. [Is78], 177; Ih. [1880], 179, 288 ; 76. [1880-1], 
 201 ; Sen. J. [1882], 69. 
 
 * Can. Com. J. [1878], 177 ; 131 E. Com. J. 103, &c. 
 
liEslUlVElK 
 
 509 
 
 .'16. "Where the govoi-nor-goneral as.scnts to a hill in tlic 
 ^jiu'on's name, he shall, hy the first eonveniuiit oppoi Imiity, senil 
 an authentic copy of the act to one of her ^Majesty's |>rincipal 
 neoretarios of state, and ifthecjueen in council within two yearn 
 after receipt thereof hy the secretary of state thinks tit to dis- 
 allow the act, such disallowance (with a cortiticato of the seerc- 
 lai-y of state of the day on which the act was received hy him) 
 liiing si^niried hy the governor-general, hy speech or message to 
 each of the houses of the Parliament, or l>y proclamation, shall 
 annul the act from and after the day of such signification. 
 
 57. '* -V bill reserved for the Hignification of the (lueen's plea- 
 sure shall not have any force unless and until within two years 
 from the day on which it was presented to (he governor-general 
 for the (|ueen's assent, thcgovcrnor-gonei-al signities hy speech or 
 message to each of the Houses of the Parliament or hy proclama- 
 tion that it has received the assent of the queen in council. An 
 entry of cvei-v such speech, message, or proclamation, shall he 
 made in the journals of each house, ami a duplicate thereof duly 
 attested shall he dclivereil to the pro|)er officer to he kejtt among 
 tlie recoi'ds of Canada.'' 
 
 The foregoing' sections are also found in the union act of 
 1840, and the constitutional act of 1701.' The governor- 
 general's instructions, previous to 1878, directed him not 
 to assent in her Majesty's name to any hill within the 
 following classes : 
 
 1. Any bill for the divorce of persons joined together in holy 
 matrimony. 
 
 2. Any bill wherel)y any grant of money or land, or other do- 
 nation or gratuity, maybe made to the governor. 
 
 3. Any bill whereby any paper or other currency may be made 
 a legal tendei', except the coin of thei-ealm or other gold or silver 
 coin. 
 
 4. Any bill imposing ditferontial duties. 
 
 5. Any bill, the provision of which shall appear inconsistent 
 with obligations imposed on the sovereign by treaty. 
 
 > 3 & 4 Vict., c. 35, 8S. 37, 38, 39 ; 31 Geo. III., c. 31, ss. 30, 31, 32 {mprn, 
 p. 17). See also, 14 Geo. III., c. 83, s. 14, as to his Majesty's approval of 
 ordinances passed by the legislative council of those days ; supra, p. 11, 
 
r)70 
 
 I 'I'll I. ic nn.Ls. 
 
 it. Any Itill inlrrlbrin^ witli tho diHciplinc or control of her 
 Majesty's (oices in the dominion l>y sea and land. 
 
 7. Any l>ill olan extra* rdinary nature and importaneo, wln-r.-- 
 hy the royal prerogative, or the rii^hts and properly of her Mii- 
 Jesty's suhjects not residing in the doniinioM, or the trade and 
 shippini;- of tho IJ luted Kirii:;doin, and its depen<U'neios may l»e 
 prejudiced. 
 
 8. Any hill containinii;; jirovisions to which our assent lias been 
 once refused, or whicdi lias Ijeen disallowed \<y the tpieen. 
 
 "Unless su(di bill shall contain a clause suspending the opeia- 
 tion oftlu* same until thesignilication in oursaid <louiinion ofour 
 |ileasure theieupon, or unless you shall have satisfied yonrsell 
 that an urgent necessity exists, rc(|uiringthatsu(di bill beln-oughl 
 into immediate oj)ei'atioii, in which case you are authorized to 
 assent in our name to saitl bill, unless the same shall bt^ repuu- 
 nant to the law of England, or inconsistent with any obligations 
 imposed on us by treaty. Hut you are to transmit to us, by the 
 I'arliest o[)poj-tunity, tlio bill assented to, together with your rea- 
 sons for assenting thereto."' 
 
 Ill accordance with these iiLstructioiis the g'overnor- 
 geueral, bL'tvveon 1807 and 1S78 iiKdiisivo. roservcd 
 twenty-ono bills of tho rarliiiment of Canada.- Of these 
 (deven related to divorce, and received the as.sent of the 
 queen in coiin<il with little or no delay." 
 
 Among the other bills was one to reduce^ the salary of 
 the governor-general, to whi(di her Majesty's advisers r<- 
 fused to uive their approval, on the ground that a redu< - 
 tion in the salary would place the high oiIi»e in question 
 in the third class among colonial governments. In 186'.t, 
 the dominion Parliament passed a bill, re-enacting the 
 clause in the imperial statute of 1807, iixing th«' salary at 
 ctlO,000 sterling ; and this act subsequently became law 
 
 ' Sen. J. [1873], 74 ; Scss. V. lS«7-8, No. 22. 
 
 - See Son. and Com. J. of 1807-8, 18()!>, 1872, 1873, 1874, 1875, 1877 c*i 187S. 
 
 •' See the case oi tho Harri.s divorce bill disallowed in 1845, because the 
 ])arties were not at tho time domiciled in Canada — ^Ir. Harris being an 
 utiicer in the army — and the courts of law would not on that account 
 cimsidor such au act as a valid divorce. Can. Leg. Ass. J. [1840], 29. 
 
iii:si:nvi:iK ThI 
 
 though it too was ros«»rv<Ml, in an'orclaiKc with th** roya! 
 instructions.' In 1S72, a bill ivsp«'«tinu- copyrii^hts wa^' 
 reserved, and never rei't'ived the approval of the imperial 
 ijovernmeni })e(;iuse it eonllicted with ini[)erial leuisla- 
 lion.' 
 
 In 18GT-8, the governor-i^'eneral reserved a hill "respect- 
 \n*^ the treaty hetweeii her Majesty and tlie United States 
 of Anieriea, lor the apprehension and surrender of certain 
 (•(Tenders " ; l)ut, wliilst necessarilv reserved under the 
 royal instructions, it subsequently received the royal as- 
 sent as it was within the jurisdidion oi' the Canadian 
 Parliament, aiul in accordant e with the treaty obli^-ations 
 of England.' In 1S7:} and 1S74, two other bills on the 
 subject of extradition gi'nerally were reserved, and hav«' 
 never become law, though the dominion liovernment has 
 contended that it has full powers to deal with the (jues- 
 tion/ 
 
 In 1874, a bill to regulate the construction and mainte- 
 nance of marine ele<'tric telegraphs was reserved, b<'cause 
 it might " possibly be considered to prejudice the interests 
 and rights of property of her Majesty's subje<-ts not resid- 
 ing in Canada," as provided against in the seventh para- 
 graph of the royal instructions ; but all dilUculty was 
 removed by the passage of anotlu-r bill in a subsequent 
 session, in order to meet the views of the opposing par- 
 ties/' In 1873 and 1878, the governor-general reserved 
 three bills : 1. An a(?t respecting the shipping of seamen ; 
 2. An act relating to shipping, and for the registration, 
 inspection and classiiication thereof; o. An act to repeal 
 section 23 of "the merchants' shipping act, 1870," as to 
 
 1 32-33 let., c. 74 ; fan. Se.Sf.. P. ISHO, No. 73. See proclamation In tlm 
 Canada Gazrftc, Oct. 1(5, 18G!), and Can. Stat. 1870. 
 
 ■^ Can. Sess. P. 1875, No. 28. 
 
 3 31 Vict., .-. 94, amended by 33 Yi.t, c. 25. 
 
 * See Todd, Pari. Govt, in the colonies, 204, rt seq. ; Can. Sess. P. ISTtL 
 No. 49 ; lb. 1877, No. 13, pp. 10-18. 
 
 *38 Vict., c. 26 ; Can. Sess. P. 1875, No. 20 ; lb. 1877, No. 110. 
 
572 
 
 PVBUC BILLS. 
 
 ships in (^anadian waters. The first two acts subse- 
 quently received the royal assent in council, and procla- 
 mation thereof was duly made by the governor-general 
 in the Canada Gazette,^ but the third act (of 18*78) never 
 became law, as it was considered to contain provisions in 
 excess of the powers of the Canadian Parliament. - 
 
 Sint^e the session of 1878, no bills have been reserved, 
 but the royal instructions have been amended in certain 
 material particulars. These instructions were originallv 
 framed for provinces and colonies possessing limited 
 powers of self-government, and could not possibly apply 
 to a dependency of the Crown, " which is entitled to so full 
 an application of the principles of constitutional freedom 
 as the dominion of Canada."* When the commission and 
 instructions of the governor-ge?ieral were at last revised, 
 the imperial authorities recognized the peculiar position of 
 Canada and omitted the clause in the instructions relating 
 to bills. These and other changes were the result of the 
 action of the government of Canada in 1876 and 1877. 
 when the minister of justice (Mr. Blake) made various 
 suggestions, in an elaborate state-paper, which were prac- 
 tically adopted by the imperial ministry. In his memo- 
 randum on the subject he directed attention to the fact 
 that " it would be better and more conformable to the 
 spirit of the constitution of Canada, as actually framed, 
 that the legislation should be completed on the advice 
 and responsibility of her Majesty's privy council for Can- 
 ada ; and that as a protection to imperial interests, the 
 reserved power of disallowance of such completed legisla- 
 tion is sufficient for all purposes." In the final despatch 
 on the subject, the colonial secretary of state stated that 
 
 ^ See beginning of statutes of 1874. It has been the practice to print 
 reserved bills, Avhen subsequently sanctioned by the Crown in this 
 way, in the statutes. The proclamation always appears in the Canada 
 •Gazette. 
 
 - Todd, Pari. Govt, in the colonies, 150. 
 
 ' Can. Sess. P. 1877, No. 13, p. 4. 
 
IMPERIAL POWER OF DISALLOWANCE. 513 
 
 the clause in the former royal instructions, requiring that 
 certain classes of bills should be reserved for her Majesty's 
 approval, " was omitted from the revised instructions, be- 
 cause her Majesty's government thought it undesirable 
 that they should contain anything which could be inter- 
 preted as limiting or defining the legislative powers con- 
 ferred in 1867 on the dominion Parliament. "' 
 
 Since 18*78, an act passed by the Parliament of Canada 
 to effect a judicial separation of certain parties from the 
 bonds of matrimony has received the assent of the gover- 
 nor-general, though it would have been reserved in pre- 
 vious years, in accordance with the old instructions.- 
 
 It is now understood that the reserved power of disal- 
 lowance which her Majesty in council possesses under the 
 law, is sufficient for all possible purposes.' This power 
 of disallowance can be exercised, not merely in cases 
 where imperial interests are affected, but even in matters 
 of a purely local character, when it is shown that the act 
 is beyond the jurisdiction of the dominion Parliament. 
 For instance, in 18t3, the imperial government disallowed 
 an act " to provide for the examination of witnesses on 
 oath by committees of the Senate and House of Com- 
 mons in certain cases," on the ground that it was beyond 
 the competency of the Parliament of Canada. As shown 
 elsewhere, doubts were expressed in the house during its 
 passage as to its legality ; but the governor-general; in 
 view of the necessity that existed at that time for the 
 measure, gave the royal assent, and then directed the 
 attention of the imperial authorities to the subject, with 
 the result just stated.^ This precedent shows the value 
 
 * Can. Sess. P. 1877, No. 13. See despatch of Sir Michael Hicks Beach, 
 colonial secretary of state, 3rd of May, 1879 ; Can. Sess. P. 1880, No. 51 
 (not printed). 
 
 "" 42 Vict, c. 79 ; Sen. Deb. [1879], 287. 
 
 ' Can. Sess. P. 1877, No. 13, p. 9. 
 
 * Can. Com. J. 1873, 2nd sess., 5, et seq. See mpra, p. 459, where the 
 history of the act is given. 
 
/>t4 rUIilAC BILLS 
 
 of the power of disallowance under certain circumstances, 
 and that it is equal to all exigencies. 
 
 In accordance with esta])lished usag-e no act of the Par- 
 liament of Canada can he disallowed, except upon thi* 
 issue of an order of the queen in council.' The mode of 
 informing Parliament of the disallowance has already been 
 given in section 56 of the British North America Act.^ 
 
 Acts are sometimes jiassed with suspending clauses ; 
 that is, although assented to by the governor-general they 
 do not come into operation or take effect in the dominion 
 until they shall have been specially confirmed by her 
 Majesty in council. In this way, bills are practically 
 reserved, sin<e it is only by order in council that they 
 become law. When approved and confirmed by the 
 Crown, a proclamation will appear in due form in the 
 Gazette, to bring the act into force.' 
 
 The following is the only paragraph in the amend(Ml 
 instructions that refers to legislation in Canada : 
 
 lY. " Our said governor-general is to take care that all lawr^ 
 assented to by him in our name, or reserved for the signification 
 of our pleasui-e thereon, shall, when transmitted by him, be fairly 
 abstracted in the margins, and be accompanied in such cases hs 
 may seem to him necessary, with such explanatory observations 
 as may be required to exhibit the reasons and occasions for pro- 
 posing such laws ; and he shall also transmit fair copies of tho 
 journals and minutes of the proceedings of the Parliament of our 
 said dominion, which he is to require from the clerks or other 
 proper officers in that behalf, of the said Parliament." 
 
 The same paragraph has always appeared in substance 
 in the instructions issued to the governor-generals of 
 Canada since 1763.^ An act of the Parliament of Canada 
 
 ^ Col. regulations, No. 51 ; col. office list, 1S83, p. 256. 
 
 - Can. Com. J. 1873, 2nd sess., p. 5 ; Sen. J. p. 14. See Leg. Ass. J. 1800, 
 p. vi. for a proclamation disallowing a Canadian act. 
 
 3 Col. regulations, No. 49 ; col. office list, 1883, p. 256. See 33 Vict., c. 14, 
 8. 3. 
 
 * See copy of instructions issued to Governor Murray, 7th of Dec, 1763, 
 in Doutre et Lareau, Histoire du Droit Canadien, vol. i., p. 556. 
 
nOYAL ASSENT. * 57.') 
 
 Tv^qiiircs the clerk of parliaments to ci^rtify and deliver to 
 the governor-general a bound copy of the statutes for 
 transmission to one of the secretaries of state, as required 
 by section 56 of the B. N. A. At.t, together with certified 
 copies of all reserved bills. ' 
 
 Hatsell quot(^s Sir Edward Coke as saying in 1021 : 
 '■ When bills have passed both houses, the king's royal 
 assent is not to be given, but either by commission or in 
 person, in the presence of holh housesy In his comments on 
 this point, Hatsell shows that "the law of this realm is, 
 and always hath been" to this effect." The British North 
 America Act, like previous imperial statutes providing 
 constitutions for Canada, is silent on the question ; but it 
 has always been the practice to follow the ancient usage 
 of the parent state in this respect, and to give the assent 
 of the sovereign in the upper chamber in the presence of 
 both houses. 
 
 In 1841, the governor-general, Lord Sydenham, was un- 
 able to come down to the legislative council, but sent a 
 message on the lYth of September requesting the mem- 
 bers of the two houses to adjourn on the afternoon of that 
 day to government house, where he would declare the. 
 royal pleasure on the bills passed that session. But in 
 consequence of the serious turn his illness had taken (hi' 
 died two days later) the assent could not ])e given at 
 government house. On the 18th of September a deputy- 
 governor formally assented to all the bills in the chamber 
 of the legislative council." In this case it will be seen that 
 the proposed departure from constitutional usage was only 
 as to the place where the assent was to be given. 
 
 135 Vict., c. l,s.4. 
 
 - 2 Hatsell, 338. Dr. TodJ does not consider the practice of giving the 
 assent in the presence of the two houses as "essential" (Pari. (rov. in 
 the Colonies, 131). The practice, however, in this country has boon uni- 
 form in accordance with the wise principle of following Brifish consti- 
 tutional usage in the opening and closing of the legislatures of this 
 country. 
 
 ^ Leg. Ass. J. [1841], 638, 640. 
 
r)76 PUBLIC BILLS. 
 
 In 1879, a dead-lock occurred between the two houses 
 in the province of Quebec, and the assembly adjourned 
 for two months, ])ut the council remained in session lor 
 some time later. The lieutenant-governor came down to 
 the council chamber a few days after the adjournment of 
 the assembly, and gave the royal assent to the bills passed 
 up to that time. The speaker, and officers of the house, 
 including the serjeant-at-arms with the mace, were pre- 
 sent outside of the bar. Subsequently, when the assembly 
 met, it was proposed to pass a bill to remove doubts as to 
 the legality of the assent, but the session came to a pre- 
 mature close on account of the defeat of the ministry, 
 before any measure could become law. When the lieu- 
 tenant-governor prorogued the legislature, he gave the 
 assent again to all the bills in the presence of the two 
 houses — his previous proceeding being deemed insuffi- 
 cient.' 
 
 Should a bill receive the royal assent without having, 
 through some inadvertence, passed through all its stages 
 in the two houses, then a serious question as to the vali- 
 dity of the statute may arise. Cases of this nature have 
 occurred in the parliamentary practice of England and 
 Canada. In 1829, the Lords amended a Commons' bill 
 relating to the employment of children in factories, but 
 did not send it back that the Commons might consider it 
 as amended. After it had received the royal assent, the 
 speaker of the Commons drew attention to the mistake. 
 The amendment was agreed to by the house, after a con- 
 ference on the subject, and a bill was passed to render 
 valid and effectual the act in question. In 1843, 'Mr. 
 Speaker Lefevre called attention to the fact that the School- 
 masters' Widows' Fund (Scotland) Bill had been returned 
 
 ^ Quebec Leg. Coun. J. [1879], 208, 221 ; Ass. J. 350, 352 ; Montival 
 Gazette and Herald, Oct. 28, and Nov. 1. It is stated on the authority of 
 the first paper that when the speaker presented himself on the first occa- 
 sion of the assent beino; given, he did not occupy the place specially 
 l^rovided for him at such ceremonies. 
 
THE ASSENT IN THE LOCAL LEGISLATURES. 577 
 
 by the Lords to the Commons with amendments, but be- 
 fore these were agreed to, it was taken up by mistake to 
 the other chamber, and though it had not the usual 
 endorsement, a ces amendmens les co?nmunes sunt assentus, the 
 mistake was not noticed, but the bill received the royal 
 assent in due form. In this case also, a new act was con- 
 sidered necessary to give validity to the measure.' 
 
 In 1877, the lieutenant-governor of Quebec assented to 
 a bill intituled " an act to provide for the formation of 
 joint-stock companies for the maintenance of roads and the 
 destruction of noxious weeds," though it had only been 
 read twice in the assembly. Apparently in the huiTy of 
 the last hours of the session, the clerk, by mistake, had 
 certified it as passed without amendment. The error was 
 immediately discovered by the attorney-general, who 
 made a report to the authorities at Ottawa, and suggested 
 that the act be disallowed. The minister of justice (Mr. 
 Blake) declined to take this course because the bill was 
 not an act, but only so much blank paper. He pointed 
 out that, according to precedent, an act might be passed 
 in the legislature to declare the act to be invalid, and 
 that, meanwhile, it was in the power of the lieutenant- 
 governor in council to refrain from putting it into opera- 
 tion. The Quebec government concurred in this opinion, 
 and directed that the act should not be printed among the 
 statutes of the session." It will be remarked that, in the 
 English cases cited above, Parliament was sitting when 
 the mistakes were discovered, and was able to provide 
 against the difficulty that might arise. In the Quebec 
 case, the government had to deal with it at once on their 
 own responsibility. 
 
 XXVI. The Assent in the Provincial Legislatures.— "While the 
 governor-general, and the lieutenant-governors of Ontario, 
 Quebec, Manitoba and British Columbia assent to bills 
 
 > 69 E. Hans. (3), 427. See Bourke's Precedents, pp. 044). May, 601-3. 
 ■■' Can. Com. Sess. P. 1879, No. 19, p. 20, and No. 26. 
 
 37 
 
578 PUBLIC BILLS. 
 
 in her Majesty's name, a different practice prevails, now 
 as before confederation, in the maritime provinces of the 
 dominion. In Nova Scotia, New Brunswick, and P. E. 
 Island, the lieutenant-governors give the assent in their 
 own names ; the reasons for this difference of practice 
 have never been authoritatively explained. 
 
 By section 90 of the B. N. A. Act, 1867, it is provided 
 that the provisions of sections 55, 56 and 57, are " made 
 applicable in terms to the respective provinces and the 
 legislatures thereof, with the substitution of the ' lieuten- 
 ant-governor ' of the province for the 'governor-general,' 
 of the ' governor-general ' for the ' queen ' and for a 
 ' secretary of state,' of ' one year,' for two years, and of 
 the province for " Canada.' " Consequently it is now 
 w^ithin the discretion of a lieutenant-governor in any 
 province, when any bill is presented to him for the neces- 
 sary assent, to reserve the same " for the signification of 
 the pleasure of his Excellency the Grovernor-Greneral 
 thereon." Such a bill cannot go into operation unless, 
 within one year from the date of its having been reserved, 
 the governor-general shall issue his proclamation inti- 
 mating that it has received the assent of the governor iu 
 council.' The governor-general in council also possesses 
 the same power with respect to provincial acts that her 
 Majesty in council can exercise in the case of dominion 
 acts, and may at any time within a year from the passing 
 of a provincial act, disallow it for good and sufficient 
 reasons.^ This important subject is briefly reviewed in the 
 first chapter of this work. 
 
 The lieutenant-governors of all the provinces fre- 
 quently reserve bills for the consideration of the gover- 
 nor-general in council,'' In Nova Scotia, New Brunswick, 
 
 1 These proclamations always appear in the Canada Gazette and Canada 
 Statutes. 
 
 - See Cariada Gazette, Dec. 4, 1869, p. 386. 
 
 3 Nova S. Ass. J. [1869], 126 ; New B. Ass. J. [1874], 224 ; P. E. I. Ass. 
 J. [1879], 229 ; British C. Ass. J. [1873], 79 ; Man. Ass. J. [1879], 83 ; Ont, 
 Ass. J. [1873], 374 ; Quebec Ass. J. [1878], 213. 
 
RESERVED OR VETOED. 579 
 
 and r. E. Islaud — but not in the other provinces — they 
 have also, on several occasions, withheld their assent from 
 bills passed by the legislature ' — a power not exercised 
 by the Crown in England since the days of Queen Anne.- 
 The power is, however, expressly given to them as well 
 as to the governor-general by se<^tions 55 and 90 of the 
 British North America Act ; but the latter has never 
 given the veto to an act of the Parliament of the dominion. 
 Nor can we find any example of the exercise of the power 
 in the records of the old legislatures of Canada, even in 
 those times when the constitutional rights of the colony 
 were limited. The minor power of reserving bills was 
 always considered quite sufficient in those times,' just as 
 it is now in the provinces of Quebec and Ontario. 
 
 Section 55 of the British North America Act now applies 
 expressly to the provinces of the dominion, and conse- 
 quently in reserving, or withholding the assent from bills 
 the lieutenant-governors are to act not merely on their 
 own " discretion." but " subject to instructions " which 
 must necessarily emanate from the governor-general in 
 council, since these high officials now occupy the same rela- 
 tion towards the dominion government that the gover- 
 nor-general occupies towards the imperial authorities.' 
 
 1 Nova S. Ass. J. [1875], 124 ; New B. Ass. J. [1870], 229 ; P. E. I. Ass. 
 J. [1880], 284. See also, Nova Scotia J. for 1879 and 1883 ; New Bruns- 
 wick J. for 1871, 1872, 1875, 1877 and 1882. 
 
 ^ In 1707, in the case of a bill respecting the militia in Scotland. See 
 18 Lords' J. 506. 
 
 ^ Between 183G and 1864, three hundred and forty -one bills of the legis- 
 latures of the provinces of British North America were reserved or sus- 
 jKinded in their operation, but the number diminished with the establish- 
 ment and in the operation of responsible government. E. Com. P. 1864, 
 vol. xl., p. 665 ; Todd, Pari. Govt, in the Colonies, 140. 
 
 * " The provision in the B. N. A. act, 1867, that the governor-general may 
 reserve a bill for the signification of her Majesty's pleasure was solely 
 made with a view to protection of imperial interests, and the maintenance 
 of imperial policy, and in case the governor-general should exercise the 
 power of reservation conferred on him, he would do so in his capacity as 
 an imperial officer and under royal instructions. So in any province the 
 
580 PUBLIC BILLS. 
 
 In the absence of these instructions, they are thrown on 
 their own discretion and forced to come to a conclusion 
 on such matters with the assistance of any advice that 
 their ministry may give them under the circumstances. 
 But whilst we may, by reference to the past practice of 
 governor-generals in Canada come to some conclusion as 
 to the position of lieutenant-governors with reference to 
 reserving bills, we have nothing whatever before us as 
 a guide to the principles which influence these function- 
 aries in the not unfrequent exercise of the extreme power 
 of veto. The section in question makes instructions as 
 necessary, in the case of withholding assent, as in that of 
 reserving bills. It might be supposed that the exercise 
 of the minor power of reserving bills for the conside- 
 ration of the governor-general, would suffice to meet 
 the most extreme case where dominion interests would 
 be imperilled by provincial legislation. In fact, the his- 
 tory of "disallowance" shows that the general power 
 possessed by the general government of annulling such 
 provincial acts as are considered objectionable is quite 
 sufficient to meet all possible exigencies that may arise. 
 Under these circumstances, it is impossible to arrive at 
 any definite conclusion as to the necessity that exists for 
 using at all so extreme a power. All that can be assumed 
 is that, if the lieutenant-governors do not exercise the 
 power by virtue of the instructions to which they are 
 certainly subject under the British North America Act, 
 then they are obliged at times to use their own discretion, 
 under very exceptional circumstances, in order to prevent 
 the further progress of measures, which contain provi- 
 sions clearly unconstitutional or injurious to the interests 
 
 lieutenant-governor should only reserve a bill in his capacity as an offiror 
 of the dominion, and under instructions from the governor-general." 
 Sir John A. Macdonald, minister of justice, in his report on the Ontario 
 Orange bills of 1873, Ont. Sess. P., 1st sess., 1874, No. 19. Also, Can. Sess. 
 P., 1882, No. 141. 
 
THE VETO IN CEIiTAIX LEGISLATURES. . 581 
 
 of the dominion, whose officers they are.' In this way 
 they can no doubt relieve the gtMieral government of a 
 delicate responsibility which otherwise would devolve 
 on it. 
 
 The position of a lieutenant-g-overnor's advisers, under 
 these exceptional circumstances, is very difficult to explain 
 in accordance with the principles of responsibility that 
 govern a ministry in their relations with Parliament and 
 th«' head of the executive. It is not possible to suppose 
 in these times that a bill passed by the Lords and Com- 
 mons should be formally presented to the sovereign to be 
 refused ; for such a proceeding would be an acknowledg- 
 ment that the ministers who advised it were no longer 
 responsilde for legislation, did not enjoy the confidence of 
 Parliament, and consequently were not in a position to 
 advise the Crown. But there is just this to be said when 
 we come to consider the position of the lieutenant-gover- 
 nors : they are officers of the dominion, and bound to 
 consider its interests in all legislation that comes under 
 their review. Circumstances, therefore, may arise when a 
 provincial administration may think themselves justified 
 in concurring with the opinion of a lieutenant-governor, 
 or even in extraordinarv cases advising him, that a bill 
 should not be assented to. The fact that no issues have 
 yet been raised in the provincial legislatures as to the ex- 
 ercise of the veto is, perhaps, so much evidence that it 
 may have its value, though it is not possible to explain 
 satisfactorily the principles on which it has been or may 
 be used." 
 
 ^ See Todd, Pari. Govt, in the colonies, p. 39G, where he endeavours to 
 explain the position of one lieutenant-governor from whom he had a 
 private memorandum on the subject ; the information he gives is vague 
 though it justifies in a measure the assumption in the text. 
 
 - " It cannot be imagined that a law should have received the consent 
 of botli houses of Parliament, in whicli the responsible ministers of the 
 Crown are sitting, debating, acting, and voting, unless those who ativise 
 the Crown have agreed to that law. and are therefore prepared to counsel 
 the sovereign to assent to it. If a law were passed by the two houses 
 
582 PUBLIC BILLS. 
 
 XXVII. Amendment or Repeal of an Act in same Session.— Soctioi): 
 five of the Intorprctatioii Act of ]8«J7-8, provides that 
 "any act of the Parliament of Canada may be amended, 
 altered or repealed by any act to be passed in the same 
 session thereof.'" 
 
 By an a<'t passed in 188.'], the foregoing section was 
 amended by adding the following as a sub-section : " The 
 repeal of any act, or part of an act, shall not revive any 
 act or provision of law repealed by such act, or part of an 
 act, or prevent the effect of any saving clause therein."- 
 
 XXVIII. Commencementof an Act.— It is also provided by the 
 same act that th(^ clerk of the Senate shall endorse on every 
 act of Parliament, immediately after the title, the day, 
 m'^nth, and year when it received the assent of her Ma- 
 jesty, or was reserved for the signification of her pleasure 
 thereon. In the latter (^ase, the clerk shall also endorse 
 thcicon the date when the governor-general has signified 
 either by speech or message to the two houses, or by a 
 proclamation, that the bill had been laid before the queen 
 in council, and she had been pleased to assent to the same. 
 This endorsement is considered a part of the act ; and the 
 date of the assent or signification of the royal pleasu.re 
 shall be the date of the commencement of the act, if no 
 later commencement be therein provided.^ 
 
 against the will and opinion of tlie ministers of the day, those ministers 
 must naturally resign their ofiicos, and be replaced by men in whose 
 wisdom Parliament reposed more confidence, and who agreed with the 
 majorities in the two houses." Lord Palmerston, 159 E. Hans. (3), 13SG. 
 
 * 31 Vict., c. 1 ; in conformity with the imperial statute 13 & 14 Vict., c. 
 21. See Can. Com. J. 1879, petroleum acts; 1882, Ontario Bank; 1883. 
 booms and works in navigable waters bill. 
 
 ^ 46 Vict., c. 1 ; other amendments were made in the act of 1867-'^ ,. but 
 they do not require special mention here. 
 
 ^ For instance, the Liquor License Act (46 Vict., c. 30, s. 147) was only to 
 come into force on the 1st of January, 1884, and the licenses thereunder 
 on the 1st of May in the same year. 
 
Til K STATUTES. 68d 
 
 XXIX. Distribution of the Statutes.— C«^rtain aots pass«'d 
 since 1807 provide for the printing" and distribution of tlie 
 statutes of Canada by a queen's printer. Tlu'y are print»'d 
 in the two languag-es, in two separate parts or volumes, 
 the first of w^hieh contains the gen«n-al publi(; acts of 
 (^anada, and such orders in council, proclamations, trea- 
 ties, and acts of the Parliament of Great Britain, as the 
 u'overnor in council may deem to be of public interest in 
 the dominion. The second volume contains the local and 
 private acts. These two volumes are generally bound in 
 one, and distributed to members of the two houses, admin- 
 istrative bodies, public departments and ofUcials, in ac- 
 cordance with a list arranged in council ; and the mode 
 of distribution is annually reported to Parliament. Acts 
 may be published in the Gazette previous to their publi- 
 cation in the printed volumes." All the original acts of 
 the Parliament of Canada, of the legislatures of Canada and 
 of the late provinces of Upper Canada and Lower Canada, 
 as well as all disallowed and reserved bills, remain in 
 the custody of the clerk of the Parliaments, who can 
 furnish certified copies to those persons who may require 
 them." 
 
 ' 38 Vict., c. 1, in amendment of 31 Vict., c. 1. See mpra, p. 288 n. as 
 to the otiice of queen's printer. 
 
 - 35 Vict, c. 1. See supra, p. 159 as to the duties of the clerk of the 
 Parliaments. 
 
CHAPTER XIX. 
 
 rniVATE BILLS. 
 
 I. Iinportancoof private 1)111 I(<;rislation. — IF. IX^finitioii of i)rivat(^ bills. — 
 III. tiiioslittnis of loj^ishitivo jurisdiction arising out of privatolojjislation 
 in I'arlianuMit. — IV. K(»port.s of Snproiuo Court of Canada on privato 
 bills. — V. (^uostions of jurisdiction referred to Htandin^: orders com- 
 mittee in SiMiat<^\ — VI. Classilication of private bills; Hybrid bills, 
 etc. — VII. (leneral pul)lic acts alfectin^ coriK)rato bo<lie6. — VIII. All 
 acts deemed public, unless otborwise declared. 
 
 I. Importance of private bill Legislation.— In a country lik«' 
 Canada, with its immense extent of territory and varied 
 material resources, private bill legislation must necessarily 
 form a very important part of the work of the Par- 
 liament and the legislatures of the dominion. One of the 
 advantages of the federal union has been the distribution 
 among several legislative bodies of an immense amount of 
 work that otherwise would have embarrassed a single 
 legislature. One of the difficulties which the Imperial 
 Parliament has had to encounter for a long while back is 
 the impossibility of dealing practically or satisfactorily 
 with the numerous matters of local or municipal or private 
 interest that are constantly pressing upon its attention. 
 Such a difficulty has been successfully surmounted by the 
 Canadian system of confederation which, to speak in 
 general terms, gives to each province control over all sub- 
 jects of a purely local or provincial nature and to the domi- 
 nion jurisdiction over all matters of a general and wider 
 interest. Since 1867, the dominion Parliament has passed 
 more than fourteen hundred acts, of which six hundred and 
 fifty have been for private objects in the parliamentary sense 
 
DKFisrnos. 58') 
 
 of thotorm ; that is to say, for thf iiicorporafioii of luihvay, 
 land, iiisurancis and <)llu»r companies and bodies, ninny of 
 which illustrate tlie development of the «oiintry trom a 
 material, intelleetual and social point of view. Durini^ the 
 same period, the le«^islatures of the provinces of (Canada 
 have passed, in the aj^^-rei^ate, betw«;en six and seven 
 thousand acts," of which uj)wards of two-thirds relate to 
 local or privat*' ohj(M'ts. These lioiires sliow not only the 
 le'z^islative activity of Canada, hut the value of local or 
 provincial freedom ol' action in all matters thafneoessarily 
 and properly fall within the <'onstitntional fun<tions of 
 the several legislatures. 
 
 n. Definition of Private Bills.— Private bills are distinGfuishinl 
 from public bills inasmuch as they directly relate to the 
 alfairs of private individuals or of corporate bodies, and 
 not to matters of public policy or to the community in 
 general. They must pass through the same stages as 
 public bills, but at the same time are subject to various 
 standing orders in both houses of Parliament. Certain 
 judicial functions have been entrusted to committees to 
 which all petitions and bills of a private nature are 
 referred, under the rules, with the view of carefully pro- 
 tecting all the interests involved in the proposed legisla- 
 tion. The parties whose private interests are to be pro- 
 moted appear as suitors before a selec^t committee, to whom 
 the bill has been referred, whilst those who apprehend 
 any injury, and are opposed to the legislation sought for, 
 are admitted as adverse parties in the suit. The analogy 
 which the proceedings bear to those of courts is sustained 
 by the fact that ce^'tain fees must be paid by the pro- 
 moters of a private bill before the house will permit its 
 passage. All persons whose interests are affected by the 
 measure must have due notice of its nature, so that they 
 may have every opx^ortunity to present themselves before 
 
 * See supra, p. 77 n. 
 
586 PRIVATE BILLS. 
 
 the house aucl dispute, if necessary, its passage.' It will 
 be the ohjort of the writer to explain as clearly as possible 
 in the following pages the rules and practice of the houses 
 with respect to this important class of })ills. 
 
 III. Questions of Legislative Jurisdiction.— Sections 91 and 92 of 
 the British North America Act enumerate the various 
 matters assigned to the jurisdiction of the Parliament and 
 legislatures of the dominion. Among the matters within 
 the exclusive jurisdiction of the general legislature wo 
 lind the following, which embrace the various subjects 
 which properly fiill within the category of private bill 
 legislation : 
 
 " 18 Ferries between a province, and any British or Foreign 
 country, or between two provinces. 
 
 15. Banking, incorporation of banks, and the issue of paper 
 money. 
 
 16. Savings-Banks. 
 
 22. Patents of invention and discovery. 
 
 25. Naturalization and aliens. 
 
 26. Marriage and divorce. 
 
 29. Such classes of subjects as are expressly excepted in the 
 enumeration of the classes of subjects by this act assigned 
 exclusively to the legislatures of the provinces ; and any matter 
 coming witliin any of the classes of subjects enumerated in this 
 section (91) shall not be deemed to come within the class of 
 matters of a local or private nature comprised in the enumera- 
 tion of the classes of 8ubjeci,s by this act assigned exclusively 
 to the legislatures of the provinces." 
 
 By section 92 the provincial legislatures may exclusively 
 make laws in relation to the following subjects : 
 
 " 10 Local works and undertakings other than such as are of 
 the following classes. 
 
 (a) Lines of steam or other ships, railways, canals, telegraphs 
 
 ' Courts of equity also look upon the solicitation of a bill in parliament 
 in the light of an ordinary suit, and will in a proper case restrain the 
 promoters by injunction from proceeding with a bill. May, 756. 
 
LEGISLATIVE JURLSDICTIOX. 587 
 
 and other works and undertakings connecting the province with 
 ;iny other or others of the provinces, or extending beyond the 
 limits of the province. 
 
 (b) Lines of steamsliips between the province and any British 
 or Foreign country. 
 
 (c) Such works as, although wholly situate within the pro- 
 vince, are before or after their execution declared by the Parlia- 
 ment of Canada to be for the general advantage of Canada, or foi- 
 the advantage of two or more of the provinces. 
 
 11. The incorporation of companies with provincial objects. 
 16. Generally all matters of a merely local or private nature 
 in the province." 
 
 Though the constitutional provisions, just cited, have 
 been framed with the avowed object of clearly defining- 
 the respective limits of dominion and provincial legisla- 
 tion, yet sixteen years' experience has proved incontestably 
 that there is still much uncertainty as to the rules and 
 principles that ought to govern the question of jurisdic- 
 tion. In every session of Parliament, the issue has come 
 up for discussion and from the difference of opinion that 
 prevails in many cases it is easy to see that the question 
 of jurisdiction is of a very perplexing character, even to 
 those who haA^e assisted in framing the constitution itself. 
 So far as the writer, however, is concerned, he proposes 
 to confine himself simply to a review of the legislation 
 that has been at different times the subject of debate, and 
 in this way show the tendency or direction of the legisla- 
 tion of the Parliament of the dominion. 
 
 During the first session of Parliament doubts arose as 
 to the jurisdiction of the general legislature with respect 
 to certain bills for the incorporation of railway, insurance, 
 building and other companies. Railways, canals, tele- 
 graphs, and other w^orks or undertakings, connecting a 
 province with one or more of the provinces, or extending 
 beyond the limits of a province, are expressly reserved 
 for the jurisdiction of the general legislature. But in the 
 cage of railway companies within a single province, like 
 
588 PRIVATE BILLS. 
 
 the St. Lawrence and Ottawa railway, which runs from 
 Ottawa to Prescott on the St. Lawrence, or the Northern 
 railway, which runs from Toronto to the north of Ontario,' 
 it has been found necessary to declare them to be " for 
 the general advantage of Canada," or " for the advantage 
 of two or more provinces," in conformity with sub-section 
 10 of section 92, cited above. Since 1867, forty-eight char- 
 ters have been granted to railways, expressly declared to 
 be for the general advantage, or benefit, or interests of 
 Canada. Some of these roads have been incorporated in 
 the first instance by the provincial legislatures, but they 
 have found it expedient to come under the provisions of 
 the Act, in order to obtain extended powers. The policy 
 of Parliament has been for sixteen years in the direction 
 of practically controlling the entire railway system of the 
 dominion, and during the session of 1883 the government 
 brought in a bill,^ which became law, with the object of 
 giving effect to that policy. It is expressly declared to bo 
 *' for the better and more uniform government of rail- 
 ways " that the G-rand Trunk, Great AA cern. Intercolo- 
 nial, North Shore, Northern, Hamilton & North Western, 
 Canada Southern, Credit A' alley, Ontario & Quebec and 
 Canada Pacific railways, as well as all branch lines now 
 or hereafter connecting with or crossing these railways 
 or any one of them, " are works for the general advantage 
 of Canada within the meaning of the British North Ame- 
 rica Act." Acts of the local legislatures, authorizing the 
 construction and running of railways and branch lines, 
 are to remain valid, but these roads are to be subject 
 hereafter to the legislative authority of the Parliament of 
 Canada. 
 
 By this law, some sixty-four Canadian railways have 
 been already declared to be works for the general advan- 
 
 1 31 Vict., cc. 20 and 86. 
 
 - 46 Vict., c. 24. " An act further to amend the Consohdated Railway 
 Act of 1879, and to declare certain lines of railway to be works for the. 
 ire'^eral advantage of Canada." 
 
LEGISLATIVE JURISDICTION. oS9 
 
 tage of Canada, or of two or more provinces, and made 
 subject, so far as the statute can make it, to dominion 
 control.' The question was raised during the passage of 
 the bill, whether the effect of so wide a provision was 
 not practically to destroy the efficiency of provincial juris- 
 diction and control in the important matter of provincial 
 railways ; ] ; :t it was urged on the other hand that there 
 were manifest public advantages in having all^the rail- 
 ways of Canad,a, as far as possible, under one control, 
 especially in view of the fact that Parliament had here- 
 tofore been powerless to deal with many matters requiring 
 legislation, in the general interest of the country." It was 
 not denied, however, even by the most earnest advocates 
 of provincial rights that the dominion Parliament has 
 full power to declare that a work is for the general benefit 
 of Canada, and when it has been so declared, it" may be 
 assumed to be under dominion control. Of course. Parlia- 
 ment should exercise that power bond fide, and not declare 
 arbitrarily what railways are works for the general advan- 
 tage of Canada.'^ It is obviously difficult to draw the 
 line, for there can be very few railways which may not 
 be brought, for sufficient reasons, within tne very wide 
 scope of the section of the British North America Act 
 giving Parliament the right to deal with such subjects. 
 As a question of conveniency there can be no doubt that 
 the policy of the dominion Parliament has decided advan- 
 tages ; and the only question is how far it can be carried 
 without infringing provincial legislation with respect to 
 local railways. 
 
 ' In answer to an inquiry, the minister of railways, Sir Charles Tupper, 
 stated that the roads excepted were the Carillon and Grenville ; Frederic- 
 ton, New Brunswick and Canada ; St. John and Maine ; Waterloo and 
 Magog ; AVestern Counties ; Grand Southern ; Windsor and Annapolis 
 railways ; but more than one of these it was added would probably be 
 brought into the general category of dominion lines by legislation before 
 the house. Hans. [1883], 1302. 
 
 '' Can. Hans. [1883], 1293-1304. 
 
 ^ Can. Hans. [1883], 1294. 
 
590 PRIVATE BILLS. 
 
 Since 1807, the houses have frequently found a difli- 
 <*ulty in many rases in determining what class of bills 
 comes within the meaning of the section assigning to the 
 local legislatures the jurisdiction over " the incorporation 
 of companies with provincial objects." 
 
 In the iirst session a bill to inc^orporate the Stratford 
 Board of Trade was presented and referred to the commit- 
 tee on banking and commerce, where the question of 
 jurisdiction was raised. The committee, after much dis- 
 cussion, came to the conclusion that though the Board to 
 be created was a local body, yet the fact that trade and 
 commerce was under the control of the dominion Parlia- 
 ment by section 91 of the British North America Act 
 would justify them in rei:)orting it favourably to the house. 
 In examining the details of the bill, however, it was found 
 to contain provisions for the establishment of a court of 
 arbitration in commercial matters ; and " as the constitu- 
 tion, maintenance, and organization of provincial courts, 
 both of civil and criminal jurisdiction," are, by section 92 
 of the said act, assigned exclusively to the provincial 
 legislatures, the committee expunged from the bill so 
 much as related to that court, and it was then passed in 
 the amended form.^ In subsequent sessions several boards 
 of trade were incorporated ; and in the session of 1874 a 
 general act was passed for the incorporation of such bodies 
 throughout the dominion.' 
 
 In the same session the committee on standing orders 
 reported with respect to the applications of the G-ore Dis- 
 trict Mutual Fire Insurance Company, and of the Sorghum 
 Growers' Association of the County of Essex, that these com- 
 panies " came more properly within the jurisdiction of the 
 local legislatures of the dominion of Canada." ^ The com- 
 
 1 Can. Com. J. [1867-8], 357 ; Todd's Private Bill Practice, p. 19. 
 
 2 37 Vict., c. 51. 
 
 ^ Can. Com. J. [1867-8], 52, 177. The standing orders committee was 
 clearly not justified in reporting on the question of jurisdiction ; that is 
 a matter for the house or committee on the bill. 
 
LEGISLATIVE JCRISDICTIOX. 591 
 
 mittee ou standing orders also roportod favourably on tin* 
 petition for an "a«t to grant c-ortain powers to the Civil 
 Service Building and f^avings Society ;" but sul)sequently 
 the committee to whom the bill was referred presented a 
 report to the house, representing that " doubts had arisen 
 as to whether the objects sought to be obtained by the 
 promoters were not provincial in th«'ir character, and such 
 as the local legislature is (^x<'lusively empowered to deal 
 with," and at the same time soliciting instructions from 
 the house as to the course to ])e pursued with reference to 
 the bill. The result was that no further progress was 
 made with the bill during that session.' Doul^ts were 
 also expressed by the banking committee as to the juris- 
 diction of Parliament in the case of the Canada Life Stock 
 Insurance Company Bill which was not proceeded with.- 
 The whole question as to the jurisdiction of Parliament 
 over insurance came up for discussion on a motion for the 
 second reading of a public bill respecting insurance com- 
 panies. It was moved in amendment that " the regulation 
 of insurance companies is a subject properly within the 
 jurisdiction of the provincial legislatures," and the hou^se 
 decided by a very large majority (44 to 5) against the 
 amendment.'* 
 
 Since the first session of the dominion Parliament until 
 the end of that of 1883, between thirty and forty statutes 
 have been passed relating to insurance and insurance com- 
 panies. The local legislatures have also during the same 
 period granted acts of incorporation to companies that do 
 business within the limits of a province. In another part 
 of this work reference is made to the fact that the highest 
 courts in the dominion as well as the judicial committee 
 of the privy council have had the question of jurisdiction 
 under review with reference to the constitutionality of the 
 Ontario Act of 18t6, " to secure uniform conditions in poli- 
 
 1 Can. Com. J. (1867-8), 60. 
 '' lb. 357. 
 * lb. 426. 
 
592 PRIVATE BILLS. 
 
 cies of fire insurance." It is now authoritatively decided 
 that the terms of paragraph eleven of section 92 (giving 
 powers to provincial legislatures for provincial objects) are 
 considered sufficiently comprehensive to include insurance 
 companies, whose object is to transact business within 
 provincial limits. If a company desire to carry on opera- 
 tions outside of the province, it will come under the pro- 
 visions of the general federal law, to which it must con- 
 form, and which contains special provisions for such pur- 
 poses.^ The dominion parliament may give power to 
 contract for insurance against loss or damage by fire, but 
 the form of the contract, and the rights of the parties there- 
 under, must depend upon the laws of the country or 
 province in which the business is done.^' Policies of 
 insurance being mere contracts of indemnity against loss 
 by fire, are, like any other personal contracts between 
 parties, governed by local or provincial laws. The pro- 
 vincial legislature has the power to regulate the legal 
 incidents of contracts to be enforced within its courts, and 
 to prescribe the terms upon which corporations, either 
 foreign or domestic, shall be permitted to transact business 
 within the limits of the province — the power being given 
 to local legislatures by the constitution to legislate over 
 civil rights and j)roperty.'^ 
 
 The privy council, in their judgment, confirming that 
 of the Canadian courts, made special reference to the fact 
 that dominion legislation has distinctly recognized the 
 right of the provincial legislatures to incorj)orate in- 
 surance companies for carrying on business within the 
 province itself. The statute passed in 18Y5 enacts among 
 other things : 
 
 " But nothing herein contained shall prevent any insurance 
 company incorporated by or under any act of the legislature of 
 
 ^ Fournier, J., Sup. Court E. vol. iv., p. 277. 
 
 » Harrison, C. J., 43 U. C, Q. B. 261 ; Doutre, 267. 
 
 3 4 Out. App. 109. 
 
LEGISLA TIVE Jl'niSDICTIOX. 593 
 
 the late province ofCanatln, or of any province of the <lominion 
 of Canada, fi'om carrying on any business of insurance within the 
 limits of tlic late province of Canada, or of such pi-ovince only 
 accoi'ding to tiic powers granted to such insurance company 
 within such limits as aforesaid, without such license as herein- 
 after mentioned." 
 
 Section 28 of the act of 1877^ consolidating certain acts 
 of the dominion Parliament respecting insurance also sets 
 forth : 
 
 " This act shall not apply to any company within the exclusive 
 legislative control of any one of the provinces of Canada, unless 
 such company so desires ; and it shall be hiwful for any such com- 
 pany to avail itself of the pi'ovision^ of this act; and if it do so 
 avail itself, such company shall then have the power of transact- 
 ing its business of insurance throughout Canada." 
 
 In the opinion of the privy council, this provision con- 
 tains a distinct declaration by the dominion Parliament 
 that each of the provinces had exclusive legislative control 
 over the insurance companies incorporated by it ; and 
 therefore is an acknowledgment that such control was not 
 deemed to be an infringement of the power of the domi- 
 nion Parliament as to " the regulation of trade and com- 
 merce." The privy council add that " the declarations of 
 the dominion Parliament are not, of course, conclusive 
 upon the construction of the British North America Act ; 
 but when the proper construction of the language used in 
 that act to define the distribution of legislative powers is 
 doubtful, the interpretation put upon it by the dominion 
 Parliament in its actual legislation may properly be con- 
 sidered." 
 
 In this connection it is necessary to refer to the fact 
 that certain legislation in the province of Quebec affecting 
 insurance companies has been declared beyond the com- 
 petency of the local legislature. The act in question (39 
 Vict., chap. 7) imposed a tax upon the policies of such in- 
 
 ' 40 Vict., c. 42. 
 
 38 
 
594 PRIVATE BILLS. 
 
 snrancc compauios as were doing business within the 
 province. The statute enacts : That every assurer car- 
 rying on any business of assurance, other than that oi" 
 marine assurance exclusively, shall be bound to take out a 
 license in each year, and that the price of such license shall 
 consist in the payment to the Crown for the use of the 
 province at the time of the issue of any policy, or making 
 or delivery of each premium, receipt, or renewal, of certain 
 percentages on the amount received as premium on 
 renewal of assurance, such payments to be made by 
 means of adhesive stamps to be affixed on the policy of 
 assurance, receipts or renewals. For each contravention 
 of the act a penalty of fifty dollars is imposed. 
 
 The question of the constitutionality of the act came 
 before the judicial committee of the privy council, who 
 decided : That the act was not authorized l)y sub-sectiou.s 
 two and nine of section ninety-two of the B. N. A. Act 
 with respect to direct taxation and licenses for raising a 
 •revenue for provincial, local or municipal purposes. That 
 a license act by which a licensee is compelled neither to 
 take out nor pay for a license, but which merely provides 
 that the price of a license shall consist of an adhesive 
 stamp, to be paid in respect of each transaction, not by the 
 licensee, but by the person who deals with him, is 
 virtually a stamp act, and not a license act. That the 
 imposition of a stamp duty on policies, renewals and 
 receipts wath i)rovisions for avoiding the policy, renewal 
 or receipt in a court of law, if the stamp is not affixed, is 
 not warranted by the terms of sub-section two of section 
 ninety-tw^o which authorizes the imposition of direct 
 taxation wdthin a province in order to the raising of a 
 revenue for provincial purposes.^ 
 
 Since 1867 the two houses of Parliament have passed a 
 
 ^ 3 App. Cas. 1090 ; Cartwright, 117. On appeal from a judgment of 
 the court of queen's bench of Quebec, affirming a judgment of the 
 superior court of Lower Canada that the act is ultra vires. 16 L. C. J. 
 198 ; 21 lb. 77 ; 22 lb. 307. 
 
LEGISLATIVE Ji'IlLSDlCTIOX. 595 
 
 large number of bills for llie iucorporation of building 
 societies, insurance companies, joint-stock, loan, and in- 
 vestment companies. As all such corporations have been 
 desirous to do business in more than one of the provinces, 
 and to establish agencies throughout the dominion, they 
 have found it not only convenient, but absolutely neces- 
 sary in many cases, to obtain legislation from that I'^arlia- 
 ment w^hich can give them the widest powers. Parliament 
 has always been disposed to extend every possible facility 
 to companies that claim to carry on business for the ad- 
 vantage of Canada, though, on more than one occasion, it 
 has been questioned, whether it has not trenched on pro- 
 vincial jurisdiction. "We have already seen that Parliament 
 has been very liberal in its construction of the law enab- 
 ling it to declare a railway a work for the gi'neral advan- 
 tage of Canada, but in the session of 1882 it went a step 
 further in making a similar declaration with respect to 
 two electric light companies ; the " Edison Electric Light 
 Co." and the " Thompson & Houston Electric Light^Co." 
 A debate took place on the first named bill, and it was 
 urged that the corporation was practically local in its 
 character, since it was formed for the j)urpose of carrying 
 on business within a certain locality. As the company 
 asked for ]3owers to take lands for the purposes of its 
 business, and must be subject to municipal regulations, 
 it should therefore receive its powers from local legisla- 
 tures. If the subject-matter was essentially local in its 
 character, the house could not alter that fact by a declar- 
 ation like that in the preamble. It was stated in reply 
 to these objections that when the bill was discussed in 
 the private bill committee it was considered that the 
 introduction of the electric light system was a work to 
 the general advantage of Canada ; that, inasmuch as the 
 company would have to carry on their operations in every 
 province, the best system was the granting of the neces- 
 sary power to one central establishment from which oper- 
 ations could be carried on between two or more of the 
 
596 PRIVATE BILLS. 
 
 provinces. "When it was ronsid(M-ed that the act jr-ave the 
 company power to manufacturt; and carry on business 
 all over the dominion, the committee thought that this 
 was a case when it miq'ht be properly declared that the 
 work was for the beneiit of Canada. The premier (Sir 
 John Macdonald) took issue with those who argued 
 against the right of the house to make th«^ declaration in 
 question in the case of such companies. It would l>e 
 exceedingly unfortunate, in his opinion, if the promoters 
 of any great undertaking or invention which they desired 
 to introduce into the dominion Avere obliged to go to 
 every legislature, and in this way obtain separate corpo- 
 rations with different conditions and restrictions. The 
 object of the Imx:)erial Parliament, in passing the law in 
 question, was to prevent the expense and obstruction to 
 material progi^^ss that would arise if the promoters of a 
 work for the general advantage of Canada had to apply 
 to the several provincial legislatures. They might obtain 
 certain powers in one and be refused the same in another 
 province ; they might get large or restricted powers accord- 
 ing to the policy of a particular legislature ; they might 
 be compelled to submit to conditions, varying and incon- 
 sistent in their nature.^ 
 
 "Whilst Parliament is disposed to give every legitimate 
 facility to companies whose objects are of a dominion 
 character, it has on several occasions refused legislation 
 which appeared to be provincial in its character, or 
 trenched upon matters clearly within provincial jurisdic- 
 tion. The House of Commons refused in 18Y9 to permit 
 the passage of a bill which contained some unusual pro- 
 visions. This was a bill to permit one Nehemiah K. 
 Clements of Yarmouth, Nova Scotia, and such other per- 
 sons as might thereafter be associated with him, to be in- 
 
 1 Can. Hans. [1882], 430-6. Mr. Blake, however, dissented from the 
 view that the words in the British North America Act respecting an 
 " undertaking " for the general advantage of Canada could be applied 
 under any circumstanceB to a mere trading company, p. 434. 
 
LEGisLA Ti 1 7; ./ 1 n rsD K'Trox. 69t 
 
 ( orporati'd lor ih<» puri)Ost' ol' Imildinu' dykos ii<rossS tho 
 C'hcbogue and Little KivtTs. Tho i)romi('r and others 
 took strouii' objections to the hill on the irround that it was 
 a matter properly within th«' Jurisdiction of the h'nislature 
 of Nova Scotia. It was simply a hill to enable a single 
 person to dyke two rivers in Nova Scotia, and was socom- 
 pU'tely of a provincial character that the last clause 
 provided that the consent of the marsh own«'rs in writini>' 
 should be deposited in the olliceof the provincial secretary 
 of Nova Scotia. It would be a novelty in dominion legisla- 
 tion, added the i)rime minister, if any single person could 
 apply for a charter as a corporation to be formed of any 
 parties whom he might subsequently induce to join him. 
 All matters relating to the granting of lands reclaimed 
 from the waters clearly^fell under the head of proi)erty and 
 civil rights which should be dealt with exclusively by the 
 local legislatures. On the other hand, mor»^ than one 
 speaker, including the minister of justice, thought there 
 was some ground for the application to the general legis- 
 lature since it had granted powers in other cases for the 
 construction of works on navigable waters ; but the 
 difficulty appeared to be the fact that the main object of 
 the proposed legislation was the obtaining of the posses- 
 sion of a large tract of land, which would be reclaimed, 
 but which Parliament had no authority to convey.' The 
 proper course, no doubt, was, as suggested in debate, to 
 obtain an act of incorporation in the first instance from 
 the local legislature, and then apply to the dominion 
 Parliament for any additional powers that it could consti- 
 tutionally grant.' 
 
 In the session of 1882 a bill respecting Pawn-brokers — 
 to prevent them practising extortion — was withdrawn by 
 the mover at the request of the minister of justice, as it 
 \vas doubtful if it was within the jurisdit'tion of the 
 
 1 Can. Hans. [1879], 921-24 ; Yarmouth Dyking Co. bilL 
 - See infra, p. 602 for a precedent in ix>int. 
 
598 rniVA te bills. 
 
 dominion Parliament.' In IHIIO, a ])ill providing for vac- 
 t iuation was not procood<'d witli ibr a similar r<'ason.^ 
 
 In tht^ session ol* ISS.'i th(» Senates amended a Commons 
 bill respecting the Wesleyan Methodist Missionary Society 
 by inserting the words, ''and every such «onveyan<'e shall 
 be subjet't to the laws relating to the eouveyanco of real 
 estate to religions corporations which are in force at tlie 
 time of snch conveyan<'e in the province or territory in 
 whi<h such real estate is situate." The private bill com- 
 mittee of the Commons to whom th*i umendnient was 
 referred, on the return of the ])ill, reported a recommenda- 
 tion that the amendment be disagreed to for th(5 reason 
 that " the Parliament of Canada not having jurisdiction 
 in matters of civil right which belongs to the legislatures 
 of the provinces, it ought not to prescribe the terms and 
 conditions on which the conveyances are to be made to 
 the society, but should leave all laws in each province to 
 operate as to such conveyances." The Senate did not 
 insist on its amendment.' 
 
 The following list of acts of the Parliament of Canada 
 illustrates the wide range of dominion legislation : 
 
 An act to incorporate the Commercial Travellers' Association 
 of Canada (37 Vic., chap. OG); "having for its objects the moral, in- 
 tellectual, and financial improvement and advancement and wel- 
 fare of its members." 
 
 An act to incorporate the St. Croix Printing and Publishing- 
 Company (37 Vict., chap. IIC); " a corporation for printing a 
 newspaper and other publications in the town of St. Stephen, 
 New Brunswick. 
 
 An Act to incorporate Lamb's "Waterproof Gum Manufactming 
 Company (37 Vic, chap. 1 17) ; wdth its principal office in 
 London, Ontai-io. 
 
 An act to amend the act incorporating the Ottawa Gas Com- 
 panj'-, to confirm a resolution of their shareholders, placing pre- 
 
 » Can. Hans. [1882], 266. 
 
 2 Com. Deb. [1869], 64 ; also. Sen. Deb. [1879], 47. 
 
 =» Sen. J. [1883], 154, 241 ; Com. J. 317, 326, 351. 
 
LEGISLATIVE JVIUSDICTIOS. r>00 
 
 ferontiiil and ordinary stock on tho same footinj^, and fo confirm, 
 amend, ami extend tlieir corpoi'ate powerH (8!> Vie., (hap. 71) ; a 
 corporation originally created by an act of the late province of 
 Canada. 
 
 Two acts with respect to the Mail Printini;- and I'lihlishin^ 
 Company of Toronto (:{5 Vict., chap. Ill, and Il'J Viet., 
 chap. 73.) 
 
 An act to incorporate the '• Dominion <rran<^e of tho Patrons 
 of Husbandry" of Canada, (40 Vict., c. «:}); "having for their 
 object the imj>rovoment of agriculture and hoi-ticulture, the sale 
 and disposal of their pi-oductions, and the procuring of tlu-ir 
 supplies to the best advantage, tho systenuiti/ing of their work, 
 the discountenancing of a system of credit, tho encouragement of 
 frugality, and the intellectual, social, and financial improvement, 
 and welfare of its members in the various provinces of tho domi- 
 nion." 
 
 An act to amend the act to incorporate the Globe Printing 
 Company of Toronto (40 Vict., c. 84), "desirous of establishing 
 offices in various places outside of the province of Ontario." 
 
 An act to amend tho act respecting the Canadian Kngine and 
 Machinery Company (46 Vict., c. 85) ; authorizing them to 
 •* exercise the powers conferred on them by their act of incorpora- 
 tion at any place or places in Canada." 
 
 An act to incorporate the Grange Trust (40 Vict., c. RO) ; an 
 association incorporated as a loan company by Ontario letters- 
 patent, but desirous of extending their business in the other pro- 
 vinces. 
 
 An act to incorporate the Dominion Phosphate and Mining 
 Company (46 Vic, c. 91) ; associated for mining and manufac- 
 turing purposes at various points within the dominion of 
 Canada. 
 
 The foregoiug acts are cited here because they represent 
 a large class of acts which, it has been sometimes ques- 
 tioned, do not legitimately fall within dominion juris- 
 diction,^ but whenever a bill asks for powers as a trading 
 or manufacturing company, to do business throughout the 
 
 * See reference to dominion phosphate act by private bill committer. 
 Jour. [1883] 135. Also, Can. Hans. [1883], 701 (Grange Trust). 
 
600 PRIVATE BILLS. 
 
 dominion, it has been considoivd to fall under the pro- 
 vision which places trade under the control of the general 
 legislature. In this class must be placed the Dominion 
 Grrange Company, which obtained power to dispose 
 of its products, agricultural and horticultural, in the 
 several provinces. In the case of the Grange Trust Com- 
 pany, it required powers to deal with the question ol 
 interest, and so far had cause to apply to the general 
 legislature. In other cases, like the printing and publishing 
 cori:)orations, it is not so clear why it was necessary to 
 apply to Parliament for legislation. In all such matters, 
 however, the general legislature has rarely hesitated to 
 give powers to companies which make a claim to do 
 business in more than one province.^ 
 
 Corporations, established by acts of the provinces or of 
 foreign countries, frequently apply for, and obtain, addi- 
 tional powers by statutes of the dominion Parliament. 
 Joint legislative action, in fact, is necessary in many cases. 
 A company may be obliged to receive certain rights and 
 priA'ileges from a foreign government which Canada can- 
 not grant, and at the same time to resort to the dominion 
 legislature for powers which the former government 
 could not concede to it.^ In 1881 and 1882, Parliament 
 granted acts of incorporation to " Winslow, Jones & Com- 
 pany," and to the Quebec Timber Company, both formed 
 under imperial acts, in order to enable them to carry on 
 their business within the dominion.* In 1882, Parliament 
 also passed an act respecting the New York & Ontario 
 Furnace company, which is a corporation " duly incor- 
 porated under the general laws of the state of New Jersey, 
 and of the United States of America, to mine, ship and 
 manufacture iron in its various forms." It declared its 
 
 1 Can. Hans. [1882J, 435 (Sir John Macdonald). 
 
 '' lb. [1<S82J, 429-30. 
 
 =» 44 Vict., c. 63 ; 45 Vict,, c. 119. See infra p. 606 for a report of the 
 supreme court of Canada, as to the constitutionality of tlie Quebet; 
 timber bill. 
 
LEGISLA Tl VE J URISDR TIOX. CO 1 
 
 desire in its uppliratioii to rarliamoiit, as set forth in the 
 proam})le of the act, to carry on business throughout 
 Canada, and to have " its org-anization and corporate 
 powers recognized by the Parliament of Canada and ex- 
 tended to the dominion." ' Some obj(;ction was taken to 
 the bill in the House of Commons on the ground that 
 Parliament was asked to sanction exceptional legislation 
 by recognizing a foreign entity and giving it certain 
 powers. Dominion legislation, it was urged, ought to be 
 in the direction of creating the corporation to whi<h Par- 
 liament might legitimately give power. It was stated 
 in the discussion that the question of the expediency of 
 recognizing a foreign corporation in the way proposed 
 had come up in the private bill committee, when the 
 bill was before it, and it was found that the house had, 
 in former sessions, passed more than one bill of a similar 
 character, without insisting upon the companies being 
 organized, according to the laws of Canada, or upon their 
 stockholders being residents of the dominion.^ No doubt, 
 in all such cases, the desire to encourage the introduction 
 of capital into the country i:)revails above other considera- 
 tions, and inclines the house to facilitate the passage of 
 acts like the one in question. 
 
 Several bills have been passed by Parliament to permit 
 the construction and maintenance of bridges over various 
 navigable rivers of the dominion — navigation and shipping- 
 being under the exclusive control of the general legislature. ' 
 
 ' 45 Vict., c. 113. 
 
 - Can. Hans. [1SS2], 429-30. 
 
 = B. X. A. Act, s. 91, sub-s. 10 ; Doutre, p. 141. See. Dom. Stat. 3S Vict., 
 < . 97, bridge across river L'Assomption ; Can. Hans. [1875], 893-S90. The 
 committee on this bill were of opinion that the Parliament of Canada had 
 the power to deal with such matters, p- 895. Also, 40 Vict., c. 65, Riviere 
 du Loup bridge ; this river is only navigable at certain seasons in the 
 neighborhood of the bridge ; Can. Hans. [18771 , 1^1-2. Also, 37 Vict., c. 113 
 (River L'Assomption Toll-bridge) ; 45 Vict., c. 91 (Richelieu Bridge Co.) 
 Also, 45 Vict, c. 37, " An act respecting bridges over navigable waters, 
 
602 PRIVATE BILLS. 
 
 Whenever companies, incorporated under provincial acts, 
 have required certain privileges upon naviga])le streams, 
 they have always sought and obtained them from the 
 general legislature. For instance, the Canadian Electri< 
 Light Company had received certain rights as a corporation 
 from the legislature of Quebec, but in 1883 it was obliged 
 to seek legislation from the dominion Parliament to define 
 its powers as to the construction of dams, wharves, and 
 other works necessary for the successful prosecution of its 
 business. It was enacted in the Quebec net of incorpora- 
 tion that the " company shall not exercise any right or 
 privilege which may be within the exclusive jurisdiction 
 of the federal power without having first obtained the 
 required authority from the government or parliament of 
 Canada according to circumstances." Hence the appli- 
 cation to the general legislature and the passage of a 
 dominion act by which the company can construct works 
 on navigable rivers with the approval of the governor in 
 council. 
 
 In the session of 1883, a very instructive discussion took 
 place on the question how far the general legislature 
 may go in legislating in the case of companies already 
 incorporated under provincial acts. Among the bills 
 before the house was one to grant certain powers to the 
 Acadia Powder Company, already incorporated by special 
 acts of the province of Nova Scotia. The bill asked for 
 power to extend the business of the company throughout 
 the dominion ; and, from the debate on the measure, it is 
 evident that had its promoters been content with asking 
 Parliament to grant this general power, there would have 
 been little objection to its passage, except from those who 
 had doubts as to the right of the dominion legislature to iu- 
 
 constructod under authority of provincial acts." Sen. Hans. [1882], 373- 
 77. See remarks of Sir J. A. :Macdonald (Can. Hans. [1879], 923) in 
 which he claimed that the local legislature could deal with navigable 
 rivers. Parliament, however, had a right to legislate as to navigation and 
 shipping, and could pass general laws in relation to obstructions. 
 
LEGISLATIVE JURISDICTION. 603 
 
 terfere in any way with local legislation.' But the bill 
 went still further, since it <ontained provisions with res- 
 pect to the capital stock and directors, which were a clear 
 infringement of the powers of the provincial legislature 
 which created the company. The following summary of 
 the views of some of the principal speakers on the points 
 at issue will show that there was unanimity of opinion as 
 to the principles that should guide the house in similar 
 cases : 
 
 Mr. Ouimet said that it was quite clear that corporations 
 created by the local legishitures might come to the general par- 
 liament to have their powers extended ; that is to say. to obtain 
 powers, which could not be granted by the legislature of a pro- 
 vince. For instance, the house had that session given power to 
 the Credit Foncier Franco-Canadien'- to impose certain chai-ges of 
 interest, which were not within the power of the provincial legis- 
 lature. ^0 doubt the parliament had power to ci-eate corporations 
 whose operations would be general or federal, but in cases like 
 the bill under consideration it should only grant such powers as 
 the legislature could not grant. Application should be made to 
 the latter body for such powers as it could give. 
 
 Mr. Blake. There are two modes in which parliament can 
 deal with a manufacturing company which wants more than a 
 local legislature can give. We can either extend to the cor- 
 j)orate entity, created by the local legislature, certain powers 
 which we alone can give, or we can create a federal corporation 
 complete and entire, created by and amenable to ourselves? 
 totus, teres, atque rotundas. On general principles I strongly 
 prefer the second of these two modes, because it gives a multi- 
 plicity of conveniences. I would refer all those who ai-e interested 
 whether as shareholders, creditors, or otherwise, in the constitu- 
 
 ' See speech by Mr. Amyot (Hans. pp. 422-25) in whicli be gave his ob- 
 jections at length to any legislation by the dominion i)arliament which 
 would infringe, in his opinion, upon the exclusive jurisdiction of the 
 provincial legislatures. If a company re(iuired rights in other provinces, 
 it should apply to their respective legislatures. But, on the other hand, 
 see {supra, p. 59(1), the argument of the premier in the very opposite 
 direction. 
 
 ' 46 Vict, c. 85. 
 
604 PRIVATE BILLS. 
 
 tional powers of the company to tlie one statute or the amend- 
 ments of the statute. The other mode exposes you to compli- 
 cations ; but if we adopt the least convenient course, we ought to 
 know the extent of the corporate entity, the sum of ])ower, which 
 it cannot obtain from the local legislatui-e, and which Avill enable 
 it to enlarge, if required, the sphere of its operations. We should 
 not interfere with such details as can be arrange<l by the local 
 legislature. AVere some of the domestic arrangements to bo 
 altered by the Nova Scotia legislature and others by parliament, 
 gi'cat confusion would necessarily arise. 
 
 3Ir. McCarthy — For my pai-t I entertain not the slightest 
 doubt that we can give increased powers to a corporation, 
 although it may owe its existence to one of the local legislatures, 
 just as we give powers to English and American companies. But 
 we should stop there ; we should not interfere with such details 
 of the organization, as are wholly within the jurisdiction of that 
 sovereignty which has ci-eated the corporation. The legislature 
 which had in the tirst instance made provisions with respect to 
 the capital stock, had it now in its power to increase the same on 
 such terms and conditions as it might deem expedient; and it 
 was clearly from that body alone such power should be sought. 
 
 Sir John Maedonald — A complication arises when a local cor- 
 poration having certain limited powers confei-red on it by a pro- 
 vincial legislature seeks extended rights. Whilst we may extend 
 these powers we cannot alter the constitution as arranged by the 
 provincial legislature. Nay, I go further and say that,if a corpor- 
 ation, chartered under certain conditions and provisions by a 
 local legislature, conies to the dominion parliament, and asks for 
 increased powers, which the legislatui-e considers contrary to the 
 policy, under which they created the corporation originally, 
 then I think it is quite within the jurisdiction of the provincial 
 body to take steps to destroy" it. If it wishes to have a dominion 
 existence it should come here and obtain a new charter. 
 
 Mr. Weldon, who agreed with these views, pointed out how a 
 conflict of authority might ai-ise from the fiict that the bill, as 
 amended by the Commons committee, provided for an increase 
 of capital stock by a two-thirds vote of the shareholders in 
 accordance with the principle laid down by parliament in such 
 cases, whilst the act of the provincial legislatui'e left that matter 
 to be decided by only a majority of votes. 
 
REFEnENCE TO SVPREME COURT. 605 
 
 In view of those opinions, so emphatically express(*d hy 
 eminent constitutional authorities, the bill was amended 
 in committee by striking- out the clauses with respect to 
 capital and directors, and giving the company simply 
 power to do business throughout the dominion.' 
 
 IV. Supreme Court Reports on Private Bills.— By section 53 of 
 the Supreme and Exchecjuer Court Act" it is provided that 
 the supreme court or any two of its judges shall examine 
 and report upon any private bill or petition for a private 
 bill, referred to the court under any of the rules of either 
 house of Parliament. The Senate at first adopted a stand- 
 ing order which provided for the reference to the court 
 before the second reading of a bill, but now such bill may be 
 referred at any time before final passage." The opinion of 
 the judges is placed on the journals as soon as it has been 
 laid before the Senate by the speaker.' 
 
 In the session of 18tG, a Cjuestion arose in the Senate 
 whether a bill for the incorporation of the Brothers of 
 the Christian Schools in Canada was not a measure which 
 fell within the class of subjects exclusively allotted to 
 provincial legislatures under section 92, sub-s. 11 of the 
 B. N. A. Act, 186*7, relating to the incorporation of com- 
 panies with provincial objects, and section. 93 rej^ating^to 
 education. Four of the judges reported their opinion 
 that it was a measure included in the class of mea- 
 sures falling under provincial jurisdiction. Chief Justice 
 Richards did not differ from the other judges in the con- 
 clusion arrived at, but declined to make a report on the 
 ground that he doubted if section 53 of the Supreme Court 
 Act intended that the judges should, on the reference of a 
 
 ' 46 Vict., c. 94 ; Can. Hans. [1883], 202, 422, 499, 500. 
 
 - 38 Vict., ell, Dom. Stat. 
 
 ^ R. 55 amended in 1878, :March 28, p. 337, Sen. Deb. Also, Deb. [1877], 
 260 ; Ih. [1878], 106, 137, 147, 293. 
 
 * Sen. J. [1876], 155, 206. 
 
606 rnivATE HILLS. 
 
 private bill to them, express an opinion on the constitu- 
 tional right of the Canadian Parliament to pass the bill.' 
 
 In 1882, on the recommendation of the committee on 
 private bills, the Senate referred to the Supreme Court a 
 bill to incorporate the Quebec Timber Company in order 
 to solve doubts that had arisen as to the constitutional 
 right of Parliament to legislate in the matter. The points 
 on v^^hich the house desired information were these : — 
 
 1st. Whether a company ah-eady incorporated under the 
 '•Companies' Act of 18G2 tj 1880," of the Imperial ParUamenI 
 for the purposes mentioned in the bill, has a legal corporate 
 existence in Canada, and, if so, whether a second corporate exis- 
 tence can, upon its own application as a company, be given to it 
 by the Canadian Parliament, and 
 
 2nd. AYhethcr the objects for which incorpoj-ation is sought arc 
 such as to take* the bill out of the exclusive jurisdiction of the 
 legislature of Quebec. 
 
 The judges, in their report on the bill, excused them- 
 selves from answ^ering the first part of the first query on 
 the ground that it affected private rights which might come 
 before the court judicially. As to the sei ond part of the 
 query, the court was of opinion that the dominion Parlia- 
 ment can incorporate such a company for objects coming 
 within the jurisdiction of ilxa Parliament of C*inp,da. As 
 to the second query, the court was of opinion that the 
 objects set forth in the bill are within the jurisdiction of 
 the dominion Parliament, and out of the exclusive jurisdic- 
 tion of the legislature of the province of Quebec." 
 
 In the same session, on the motion for the third reading, 
 a bill to incorporate the Canada Provident Association 
 Avas referred to the Supreme Court. This association was 
 formed " for the purpose of making provision in case of 
 sickness, unavoidable misfortune, or death, and for sub- 
 stantially assisting the widows and orphans of deceased 
 
 1 Sen. J. (1876), 207. 
 
 2 Sen. J. (1882), 143, 158-9. The bill was, with the report, then referred 
 to the committee on private bills, and subsequently passed by the Senate. 
 
CLASSIFICATIOX. 607 
 
 members." The judges reported that it did i'all within the 
 jurisdiction of the dominion Parliament, although they had 
 doubts as to the first section which enabled the company 
 to hold and deal in real estate, and also as to the second 
 section which exempted from execution for the debts of 
 any member the funds of the association — matters which 
 should be argued before any positive opinion should be 
 expressed by the court.' 
 
 V. Questions of jurisdiction referred to Senate committees.— In 
 18t0 the Senate decided to make the experiment of giving 
 authority to the committee on standing orders and private 
 bills to consider the question of jurisdiction in the case 
 of bills submitted to them. Rule 60 was rescinded and 
 the following substituted : 
 
 " Any private bill shall, // it be demanded by two members, 
 when read the first time, l)0 referred to the cominittce on stand- 
 ing orders and private bills, to ascertain and report whether or 
 not the said bill comes within the class of subjects assigned ex- 
 clusively to the legislatures of the provinccs.- 
 
 VI. Classification of Private Bills.— Sometimes doubts may 
 arise whether a bill should be classed as public or private. 
 Many cases of this nature occurred in the practice of the 
 old Canadian legislature, but the houses generally allowed 
 themselves to be guided by the decision of the committee 
 to whom a bill might be referred. A committee has, 
 under such circumstances, made some amendments to a 
 bill in order to obviate a difiicnlty, and bring it under 
 the category of a public? or private bill.' In the session of 
 1865 a bill was brought up from the legislative council 
 
 1 45 Vict., c. 107 ; Sen. J. [1882], 273, 301-2 ; Hans. pp. 460-2, 698. 
 
 -Sen. J. [1879], 155, 170, 190, 206 ; Deb. 309, 340, 415 ; Jour. [1880], 79, 
 S3, 85, 91, &c. Tlie words in italics were added as an amendment in 1880. 
 Jour. p. 92. 
 
 ^ Todd's Private Bill Practice, jjp. 8-10 ; bill in reference to townships in 
 Victoria county, Ass. Jour. [1858], 568, 684 ; Huron Indians, Ass. Jour. 
 [1864], 391, 478. 
 
008 PRIVATE BILLS. 
 
 intituled, " an art to enable the chnr<"h societies and incor- 
 porated synods of the Chnrch of England dioceses in 
 Canada to sell th(^ rectorial lands in the said dioceses ; " 
 and the objection was taken that it was private in its 
 character and ouuht to have been introduced on petition. 
 The speaker decided against the bill, on which no further 
 progress was consec[uently made.' All bills respecting' 
 synods and religious corporations are considered private^ 
 since 18G7.' 
 
 In the session of 1879 a member asked leave to intro- 
 duce, as a j)ublic measure, a bill " to empower 11. Gr. Dalton. 
 (derk of the court of queen's bench, Ontario, to pay to 
 John Stewart, of the city of Kingston, surgeon, one thou- 
 sand dollars," — the money having been paid into court 
 in accordance with the law rerpiiring a certain deposit in 
 the case of an election petition. The speaker at once 
 decided that the bill was private in its character, and 
 accordingly the motion for leave was withdrawn,'^ Subse- 
 cj^uently a petition for a private bill was i:)resented. ^ 
 
 Bills from the corporations of towns, and municipal 
 bodies generally, are always treated as private bills, when 
 they desire special legislation affecting their property or 
 interests.'* Though this class of measures now falls, as 
 a rule, within the jurisdiction of the local legislatures, 
 yet several cases will be found in the Commons' journals 
 of applications from corporations of cities and toAVUs 
 for bills touching their interests ; but on reference to the 
 details of the measures it will be seen that they aliect 
 certain matters which properly come within the purview 
 
 » Si^ak. D. 134 ; Ass. Jour. [18G5], 123. 
 
 2 Saskatchewan Synod bill, Com. .T. [1882], 64, c^c. ; 45 Vict. c. 12(J ; 
 also, 34 Vict., c. 58 ; Com. J. [1871], 71, &c. 
 
 ^ Can. Hans. 1879, March 5. By reference to the journals of 1878 (pp. 
 27, 36, 74), it will be seen that a private bill on the same subject had Iteen 
 presented that session, but not proceeded with. 
 
 * Can. Com. J. [1879], 56, 57. 
 
 ^ A bill to incorporate the city of Kingston was declared in 1847 to be a 
 private bill, and subject to the payment of a fee ; Jour. p. 150. 
 
CLASSIFICATION. 600 
 
 of the dominion Parliament. For instance, in the session 
 of 1870, bills were passed to enable the town council of 
 Belleville to levy harbour dues, and to give authority to 
 the Collingwood Township Council to construct a harbour 
 at the mouth of the Beaver river. Numerous bills of a 
 similar character have been passed in other y.'ars ; and as 
 they have affected trade, navigation and shipping, matters 
 within the jurisdiction of the dominion Parliament, they 
 have been properly presented in the general legislature.' 
 
 In the English house, bills relating to the metropolis 
 have been treated as public bills on many occasions on 
 account of the general and large interests involved, al- 
 though possessing many features characteristic of private 
 bills. These measures have related to the vend and de- 
 livery of coals, ballast heavers, weighing of grain, main 
 drainage, w^ater-supply, besides many others which, had 
 they been presented by other cities, would certainly have 
 been regarded as private bills." 
 
 As a rule, it may be stated that when bills treat of mat- 
 ters of general policy, such as sanitary, or police, or com- 
 mercial, or fiscal regulations, they may be considered as 
 public measures. In fact, all bills affecting the general 
 interests of the community, and involving considerations 
 of public policy, are out of the category of private bills 
 dealing with the special interests of corporations or asso- 
 ciations. 
 
 In the session of 1880-81, the government of Canada 
 having decided to complete the Pacific railway by means 
 of a company, brought in a public^ bill to incorporate 
 certain persons under the name of the Canadian Pacific 
 
 ' 33 Vict., c. 45 and c. 46 ; Can. Com. J. [1870], 00, 81. Also, harbour 
 dues in Owen Sound (34 Vict., c. 35) ; harbour dues in Trenton (34 Vict., 
 c. 36) ; Grafton harbour continuance bill (46 Vict., c. 93) ; Kincardine bill 
 (40 Vict., c. 52) ; Moira river bill (42 Vict, c. 51). 
 
 ' 129 E. Com. J. 122 ; 131 Ih. 336 ; 132 Ih. 348, &c. Bills affecting the 
 property, interests or jurisdiction of the city of London have been gener- 
 ally solicited as private bills. May, 747. 
 
 39 
 
610 
 
 PRIVATE BILLS. 
 
 Railway Company.' In the same session a minister pre- 
 sented a public bill intituled "an act to provide for thf 
 incorporation of a company to establish a marine tele- 
 graph between the Pacific coast of Canada and Asia."' 
 This bill applied the provisions of the Joint Stock Com- 
 panies' Act, and of the Marine Electric Telegraphs' Act to 
 the company in question." 
 
 "VVhenever public bills involve private interests which 
 should be carefully guarded, they are subjected to the 
 same examination provided for private bills. 
 
 A bill introduced in 18G4 in the English Commons on 
 the subject of the weighing of grain in the port of London 
 was considered a public bill, as it concerned the home 
 and foreign trade, and also the public revenue ; but the 
 speaker called attention to the fact that there were alle- 
 gations in the preamble which were open to dispute and 
 required to be established by evidence, and under such 
 circumstances he deemed it advisable to commit the bill 
 to a select committee, by whom these facts would be in- 
 quired into, and any local or private rights would be duly 
 protected.^ 
 
 A similar case occurred in the Canadian house in the 
 session of 1883, when a member introduced, on motion, a 
 bill, " to increase the harbour accommodation of the city of 
 Toronto, to extend the esplanade, and to provide for the 
 control of the use thereof by railway companies." This 
 measure jiroposed that a board of commissioners should 
 be established for the purpose of carrying out the objects, 
 which were sufficiently set forth in the title. After the 
 second reading it was referred to the railway committee 
 with the understanding that due notice would be given 
 to the private companies and great corporations which 
 
 1 44 Vict., c. 1. 
 
 2 44 Vict., c. 33 ; Hans. [1880-81], 1173-77. The bill was based on reso- 
 lutions from the committee of the whole — an altogether superfluous pro- 
 ceeding. 
 
 3 Mr. Speaker Denison, June 23, 1864 ; 176 E. Hans. (3), 163, 171. 
 
HYBIUDH. on 
 
 would ])t» airortod by the proposed legislntioii. The eom- 
 inittee did not, however, deal with so important a niea«ure 
 that session, but reported to the house that the preamble 
 was not proven/ 
 
 In the English House of Commons, there is a class of 
 local h'\\\i^, (jiiad private, distinguished as "hybrid bills." 
 They are b»ought in, by order, as pul)li(; bills, but '* their 
 further progress is subject to the proof of compliance with 
 the standing orders before the examiner, and to the pay- 
 ment of fees." They are generally '' bills for carrying out 
 national works, or relating to crown property, or other 
 public works in w^hich the government is concerned," or 
 they sometimes deal with matters affec^ting the metropolis. - 
 The rules of the Canadian houses do not make any special 
 provision for this class of bills. The Toronto Esplanade 
 bill, just mentioned, would probably belong to this class, 
 since the house found it necessary to refer it to a select com- 
 mittee with a view to protect the private interests in- 
 volved.'^ In other cases, where bills have alFected both 
 public and private interests, a different course has been 
 followed. In the session of 187o, the premier (Mr. Mac- 
 kenzie) moved for leave to introduce a public bill to re- 
 arrange the " capital of the Northern liailway of Canada, 
 to enable the said company to change the gauge of its 
 railway, and to provide for the release of the government 
 lien on the road on certain conditions." Objection having 
 been taken that some of the provisions affected private in- 
 
 1 Can. Com. J. [1883], 203, 224 ; Hans. 709. 
 
 - May, 787. Windsor Castle approaches bill, 1848 ; Portland harbour 
 and breakwater bill, 1850 ; Smithfield market ronioval bill, 1S.51 ; Belfast 
 municipal boundaries bill, 1853 ; Thames embankment bills, 18G2 and 
 1863 ; Metropolis gas bills, 1867 and 1868 ; Dover pier and harbour bill, 
 1S75 ; public offices site bill, 1882. 
 
 ' Though the committee reported the preamble not proven, the bill 
 appeared in its proper place on the public orders. A strictly private bill 
 would not have even appeared on the private business paper under the 
 rules governing such bills (see ivfra, p. 660). In the English Commons 
 hybrid bills always appear on the public orders. 
 
G12 
 
 VniVATE BILLS. 
 
 torests and altered the powors ol' the company in vcry 
 matcrial ])oints, tho speaker decided that the })ill ought to 
 V)e withdrawn. Separate billn were subsequently passed 
 by th(; house — one, rehiting to the government lien, was 
 treated as a public bill, and the other, relating to tli.' 
 gauge and capital, as a private ])ill.' 
 
 In 18*7!*, a }>ill of a very novel character was presented 
 in the House of Commons. The solicitor-general of the 
 provinc(^ of Quebec came before the house as a petitioner 
 for a private act to confer upon the government of that 
 provinc(^ " the powers granted to the Montreal, Ottawa 
 and Western Hallway Company, by several acts of the 
 Parliament of C^mada, in so far as related to the construc- 
 tion of a bridii'e over the Ottawa Iviver, and likewif<e 
 power to acquire all land and real estate situate in Ontario, 
 necessary for the purposes of the said Railway." The 
 executive government of Quebec, for the time being, was 
 to be constituted a railway corporation and body politic 
 and corporate, for the purposes of the act, by the title of 
 the government of the province of Quebec. The bill was 
 not discussed in the house, but sent at once to the railway 
 committee, where the inconveniences that might aris** 
 from constituting the Quebec government a corporation 
 under a dominion charter became obvious to the majority 
 of the committee ; and it was agreed to alter the bill very 
 materially. The bill, as finally amended and passed 
 authorized " the commissioner of agriculture and public 
 works of the province of Quebec for the time being to 
 construct a bridge over the waters of the Ottawa River, 
 between the cities of Hull and Ottawa, and also a line of 
 railway to connect the Quebec, Montreal, Ottawa, and Oc- 
 cidental Railway with any railway coming to the said city 
 of Ottawa." It w^as also provided that the powers con- 
 ferred upon the commissioner in question shall be 
 vested in and may be exercised by any commissioner 
 
 ^ Can. Com. J. [1875], 213, 217; Hans. 662. 
 
MISCELLASKOl'lS. GIU 
 
 or public ofTiror who may hcivul'tiT Ix' substitutod })y 
 the lei^islaturc of Qiu'bt'c in place of the said commis- 
 sioner.' 
 
 In 1880, the minister of justice introduced a bill to 
 remove a dilli<'ulty that had arisen as to the title of 
 the Quebec, Montreal, Ottawa, and Ociidental railway, 
 wliich had been already the su])ject of dominion legis- 
 lation. The g-overnment of Quelx'c, by whom that road 
 liad been acquired, ))elieved it to be necessary to obtain 
 iidditional legislation from the dominion Parliament with 
 respect to that portion of the railway extending from 
 Montreal to Quebec, just as it had been previously obtained 
 in the case of the part between Montreal and Aylmer. 
 Objection was taken, on the second reading, that the bill 
 alfected private interests, and the case of the Northern 
 Kailway bill was adduced as a precedent. The bill was 
 rlien withdrawn." 
 
 It is perfectly regular to repeal or amend a public act 
 by a private bill. ' The policy of this mode of legislation 
 has been sometimes questioned, and while the practice 
 is allowable, such bills cannot be too closely scrutinized. 
 
 Many cases can be found in Canadian, as in English 
 legislation, of companies or corporations being excepted 
 in express terms from the provisions of certain public 
 statutes. A new rule was adopted in the Canadian Com- 
 mons in 1883, with the view of indicating in -n'ery bill 
 any departure in its details from general acts.' 
 
 But a bill proposing to amend a public act in the 
 interests of certain persons will not be allowed to proceed 
 as a public bill. In the session of 1883 it was proposed to 
 pass, as a public measure, a bill to enable the minister of 
 
 > Can. Com. J. [1879], 05, 89, &c. ; 42 Vict., c. 56. See ^lontreal Gazette, 
 ^larch 29, for summary of discussion on various jxjints raised. 
 
 - Can. Hans. [1880], 1998. 
 
 '' 176 E. Hans. (3), 16-19. 
 
 * Ees. of 20th April, 1883 ; infra, p. 657. 
 
614 PRIVA TE BILLS. 
 
 the interior, notwithstanding the provisions of the act 43 
 Yict., chap, t, to receive the applications of certain persons 
 in Manitoba for the issue of letters-patent to them of 
 various lots of land in that province ; but it was with- 
 drawn on the objection being* taken that it was a private 
 bill.' 
 
 It has been decided in the English House of Commons 
 that a bill, commenced as a private bill, cannot be taken 
 up and proceeded with as a public measure. In 1805, 
 the promoters of the Middlesex Industrial Schools Bill, 
 dissatisfied with some amendments relative to Roman 
 Catholic Chaplains, made in committee, determined to 
 abandon it ; but subsequently Mr. Pope Hennessy gave 
 notice that he proposed to pro<c«'d with it as a public 
 bill; but this <ourse was dcri'^ed to be irregular." Nor 
 can a strictly private ])ill be t' .'d into a hybrid.' 
 
 If it be found that a private Im "^^-'ts the public revenue, 
 it will be necessary to o))tain me consent of the govern- 
 ment to the clauses in question and have them first 
 considered in committee of the whole, and then referred 
 to the committee on the bill.' A private bill has not been 
 allowed to proceed on the ground that it affected the 
 public reA'enue,' but in the majority of cases where the 
 property or interests of the Crown are concerned, the con- 
 sent of the sovereign will be obtained at some stage before 
 the final passage. If this consent be not obtained, all pro- 
 ceedings will be stayed." 
 
 ' Can. Hans. [1883], 1034. 
 
 ■^ May, 753. It has been decided in the Enghsh Commons that it is for 
 the house, and not for the speaker, to decide whether the subject-matter 
 of a bill is proj^erly private or public. 177 E. Hans. (3) 642-653, (Liverpool 
 Licensing Bill). 
 
 => 180 E. Hans. (3), 45. 
 
 * Canada vine growers' association bill, 1867-8. 
 
 * Bill to extend the time for paying debt of the county of Perth. Leg. 
 Ass. J. [1866], 298. 
 
 ^ Supra, pp. 473-4, 
 
GENERAL ACTS RELATIVE TO COMPANIES. G15 
 
 Vn. General Public Acts affecting Corporate Bodies.— In order 
 to give greater facilities to the incorporation of companies 
 lor various purposes, and to obviate the necessity of so 
 many applications for special legislation, Parliament has 
 passed general statutes which provide all the necessary 
 machinery by which a number of persons can form 
 themselves into a body corporate. Under an act respect- 
 ing Joint Stock Companies,' the governor in council may, 
 by letters-patent under the great seal, grant a charter 
 to any number of persons, not less than five, who may 
 be constituted a corporation for any purpose to which 
 the legislative authority of the Canadian Parliament ex- 
 tends, except the construction and working of railways, 
 or the business of banking and the issue of paper money 
 or insurance. In addition to the act previously men- 
 tioned, providing for the incorporation of boards of trade" 
 throughout the dominion, a general statute authorizes the 
 •governor in council to grant a charter, under the gTeat 
 seal, to any company of persons who may be formed under 
 any special act of the Imperial Parliament, or under the 
 imperial joint stock companies act, or any other general 
 act of Grreat Britain, or by royal charter, for the purpose of 
 establishing and maintaining telegraphic communication 
 in the waters within the jurisdiction of Canada.^ A 
 number of general statutes have also been passef^ by Par- 
 liament for the purpose of regulating the business of 
 banking, insurance, railways, and trading and business 
 companies generally, and with the view of protecting the 
 various interests that the public have in all such associa- 
 tions and undertakings. The provisions of the general 
 railway acts apply to every railway already constructed, 
 or to be constructed, under the authority of any act of the 
 Parliament of Canada, and must be incorporated with the 
 
 ' 40 Vict., c. 43. 
 - Supra, p. 590. 
 ' 33 Vict., e. 26. 
 
616 
 
 rniVATE BILLS. 
 
 special acts respecting these works, unless they are 
 expressly varied or excepted by the terms of such acts/ In 
 the same way the i^rovisions of the Canada Joint Stock 
 Companies Act apply to every company, unless it is other- 
 wise expressly provided in its special act of incorpora- 
 tion.' Very stringent provisions have also been made 
 for the careful working of monetary institutions, and for 
 the security of the people of Canada who have assured 
 their lives or property in insurance companies. G-eneral 
 statutes have also been passed for the winding up of in- 
 solvent banks and trading companies.^ 
 
 But notwithstanding the facilities afforded by the 
 dominion Parliament as well as by the local legisla- 
 tures for the incorporation of certain classes of companies 
 by the governor or lieutenant-governor in council, the 
 work of these various legislative bodies does not appear 
 
 1 42 Vict., c. 9 ; 44 Vict., c. 24 ; 40 Vict., c. 24 {supra, p 588). 
 - 32-33 Vict, c. 12. 
 
 ^ For the legislation of the Canadian Parliament on trading and husiness 
 companies, see in addition to the acts already cited : Carriers by water, 
 
 37 Vict., c. 25. Banks, 34 Vict, c. 5 ; 35 Vict, c. 8 ; 36 Vict, c. 43 ; 42 Vict., 
 c. 47 ; (holidays, etc.) 36 Vict, c. 43 ; 38 Vict., c. 17 ; 40 Vict., c. 44, (right 
 of voting) ; 42 Vict, c. 45 ; 43 Vict., c. 22 ; 44 Vict, c. 9 ; insolvent banks 
 and trading companies, 45 Vict., c. 23) 46 Vict., c. 23. Savings banks 
 in Ontario and Quebec, 34 Vict, c. 7 ; 35 Vict, c. 9 ; 36 Vict., c. 72 ; 4:5 
 Vict, c. 23 ; 44 Vict., c 8. Railway passenger tickets, 45 Vict, c. 41. Tele- 
 graph companies in Quebec and Ontario, 32 & 33 Vict., c. 14 ; telephones, 
 45 Vict, c. 40 ; telegraph operators, 44 Vict., c. 26. Insurance companies, 
 
 38 Vict, c. 20 ; 40 Vict, c. 42 ; mutual, 34 Met., c. 12. Permanent build- 
 ing societies in Ontario, 37 Vict., c. 50 ; 40 Vict, cc. 48, 49 ; 41 Vict. c. 
 22 ; 42 Vict., c. 49 ; 45 Vict., c. 24 ; building societies in Quebec, 40 Vict, 
 c. 50 ; liquidation, 42 Vict, c. 48 ; permanent building and loan societies 
 generally, 43 Vict, c 43. Conveying timber down rivers, 36 Vict-, c. 64 ; 
 43 Vict, c. 9. Inspection of bridges, 35 Vict., c, 25 ; bridges over naviga- 
 ble rivers under provincial legislation, 45 Vict., c. 37 ; booms and works 
 in navigable waters, 46 Vict, cc. 43, 44. Interest and usury, certain 
 corporations in Quebec and Ontario, 36 Vict, c. 70 ; in Nova Scotia, 3(i 
 Vict, c. 71 ; in New Brunswick, 38 Vict., c. 18 ; British and other foreign 
 companies for lending money, 37 Vict c. 49. See a useful little index to the 
 general statutes of Canada published periodically by Mr. Wicksteed, law 
 clerk to the Commoust 
 
ALL ACTS DEEMED I UBLIC. 617 
 
 to diminish. On the contrary, as has been shown in 
 the first part of this chapter, the number of special acts 
 passed by the legislatures of the dominion for the incor- 
 poration of companies for various objects has never been 
 so great as within the past live years. The necessity of 
 obtaining powers not included in the general acts, con- 
 tinually forces companies to seek special legislation. 
 Indeed, on a careful r>.view of the statute book, it will 
 be seen that, in not a few cases, companies have found it 
 necessary to obtain special exemption from provisions of 
 the general acts, 
 
 Vin. All Acts deemed public, unless otherwise declared.— Every 
 local and private act passed in Canada previous to, and 
 for some years after 1840, contained a clause declaring 
 that it " shall be deemed a public act and shall be judicially 
 taken notice of as such by all judges, justices of the peace 
 and other persons whomsoever without being specially 
 pleaded." From 1850 to 1868, the clause was shortened, 
 and it was simply enacted that " it shall be deemed a 
 public act."^ In the first session of the dominion Parlia- 
 ment it was enacted that " every act shall, unless by 
 express provision it is declared a private act, be deemed a 
 public act, and shall be judicially noticed," and conse- 
 quently the public clause has been ever since omitted 
 from private acts. It is also provided in the same statute' 
 that " all copies of acts, public or private, printed by the 
 cjueen's i^rinter, shall be evidence of such acts and of their 
 contents, and every copy purporting to be printed by the 
 queen's printer, shall be deemed to be so printed, unless 
 the contrary be shown. "^ 
 
 ^ See Consol. S. C, c. 5, s. 6, sub-s. 27. 
 
 - 31 Vict., c. 1, s. 7, sub-s. 38. This provision is in accordance with Lord 
 Brougham's act of 18.50, for shortening the language of acts of Parliament ; 
 13 Vict, c. 21, s. 7. 
 
 ■' See Imp. Stat. 8 & 9 Vict., c. 113, s 3. 
 
CHAPTER XX. 
 
 rRIVATE BILLS.— ContinuaJ. 
 
 T. English compared with Canadian i)roeodure. — 11. Promotion of private 
 bills in Parliament. — III. Private bill days in the Commons. — IV. 
 Petitions for private bills. — V. Committee on standing orders. — VL 
 First and second readings of bill, — VIL Fees and fharges. — VIII. 
 Committees on private l)ills. — IX. Reports of Committees. — X. Com- 
 mittee of the whole. — XL Third reading. 
 
 I. English compared with Canadian Procedure.— The procedure 
 in the Senate and House of Commons with respect to 
 private bill legislation is more simple than that of the 
 English houses. In Canada there are only twenty-four 
 special rules or orders for the regulation of private bills, 
 while in the English Commons there are no less than 
 two hundred and fifty relating to that class of legis- 
 lation. It is true that, in all unprovided cases, refer- 
 ence may be had to the practice of the English houses, but 
 so far the system of the Imperial Parliament has only 
 been adopted in a very modified form. The English 
 orders provide for a much more thorough examination of 
 all petitions and bills than is possible under Canadian 
 rules. For instance, the chairman of the committee of 
 ways and means, who is deputy speaker and a paid 
 officer of the house, examines all private bills whether 
 opposed or unopposed, and calls the attention of the 
 house, and also of the chairman of the committee on every 
 opposed bill, to all points which may appear to him to 
 require it. He is also at liberty, at any period after a 
 private bill shall have been referred to a committee, to 
 report to the house any special circumstances relative 
 
EXGLISH PROCEDURE. 619 
 
 thereto, which may appear to him expedient. The im- 
 portant and onerous duties of the chairman of ways and 
 means in these particulars are in practice performed bv 
 individual members of the Canadian committees on private 
 bills. 
 
 The work of private bill legislation is also distributed 
 as far as possible between the two houses. It is the duty 
 of the chairman of the committee of ways and means, at 
 the commencement of each session, to seek a conference 
 with the chairman of committees of the hous(^ of Ijords, 
 for the purpose of determining in which house the respec- 
 tive private bills shall be first considered. Consequently 
 a fair proportion of private bill legislation is now initiated 
 in the Lords, and the work of the Commons is to this extent 
 lessened. A similar practice is not possible in Canada, 
 while the promoters of private bills are free to introduce 
 their bills in either house. In 1882, out of 71 private 
 acts that were passed, only eight were presented in the 
 Senate. 
 
 The English house refers private bills to certain small 
 committees, which may be compared to the sub-com- 
 mittees to which the large committees of the Canadian 
 Commons find it occasionally convenient to refer some 
 private bills for thorough scrutiny and amendment. A 
 committee of selection, composed of eight members, classi- 
 fies all bills, except those of railways, canals, or tramways, 
 nominates the chairman and members of committees on 
 such bills, and arranges the time of their sitting, as well 
 as the bills to be considered by them. A general com- 
 mittee of railway and canal bills, usually composed of 
 eight members, has duties analogous to those of the 
 committee of selection. It arranges railway, canal and 
 tramway bills into groups, and appoints the chairman 
 of every committee on such bills from its own body. 
 The main object of its constitution " is to ensure a com- 
 munication between the several chairmen, and uniformity 
 in the decisions of the committees." The committees to 
 
020 rniVATK bills. 
 
 "whom the several classes of opposed bills are referred 
 consist of four members.' 
 
 The system in the Canadian houses is to refer the dif- 
 ferent classes of bills to large standing committees, which 
 consist of the following numbers : — 
 
 In the Senate. 
 
 Committee on Standing Orders and Private Bills 30 
 
 " Railways, Telegraph and Harbours 82 
 
 " Banking and Commerce 2!> 
 
 In the Commons. 
 
 Committee on Standing Orders 42 
 
 " Eaihvays, Canals and Telegraph Lines.. .136 
 
 " JVliscellaneoas Private Bills 70 
 
 " Banking and Commerce 98 
 
 The committees of the Commons, as already shown in 
 the chapter on select committees, are nominated at the 
 commencement of each session by a committee of selec- 
 tion, composed of leading men representing the political 
 divisions in the house. 
 
 The writer has compared the Canadian with the English 
 practice as respects the examination of bills and the con- 
 stitution of committees, because it has been more than 
 once debated whether the procedure of the Canadian 
 houses might not be advantageously amended in these 
 particulars. 
 
 With these remarks .he writer may now proceed to con- 
 sider the practice of the two houses of the Parliament of 
 the dominion. As the orders of the houses are the same, 
 it will be sufficient to give a summary of the procedure of 
 the Commons, where the great miass of x^rivate bill legisla- 
 tion is initiated.' A separate place will be given to divorce 
 bills, and to a few points of practice iu the Senate which 
 demand special mention. 
 
 ' May, 802-3 ; S. 0. 98-118. 
 
now PROMOTED. 
 
 621 
 
 n. Promotion of private legislation in Parliament.— It is the 
 pra(?tice of the Canadian Commons for members to take 
 charge of private bills and to promote their progress 
 through the house and its committees, but it is " contrary 
 to the law and usage " of the English Parliament that any 
 member of the house "should be permitted to engage, 
 either by himself or any partner, in the management 
 before this or the other house of Parliament for pecuniary 
 reward.'" So strictly is the principle of this usage carried 
 out in England, that it is even provided in the Standing 
 Orders of the Commons that no member, " locally or other- 
 wise interested" in an opposed private bill, can sit in a com- 
 mittee thereon. Every member of a committee on such a 
 bill must, before he is entitled to attend and vote on such 
 committee, sign a declaration that his constituents have 
 no " local interest " and that he himself has no '" personal 
 interest " in the proposed legislation. Nor can a member, 
 locally or otherwise interested in an unopposed private 
 bill, vote in a committee on any question that may arise, 
 though he may attend and take part in the proceedings." 
 
 It is a recognized principle in the Canadian, as in the 
 English, Parliament, that ministers of the Crown should 
 not initiate or promote private bills. But ministers sit on 
 private bill committees in the Canadian Commons, and 
 carefully scrutinize all private and local legislation with 
 the view of guarding the public interests. ' 
 
 » Ees. of 2Gtli Feb., 1830; 85 P:. Com. J. 107. 
 
 2 Eng. S. O. 108-110, 137, 139 ; Can. Hans. [1883], 36-37. While some 
 members have been inclined to adopt the English standing orders in 
 these particulars, others have argued that in a very large committee like 
 that on railways in the Canadian house, it is to the public advantage and 
 convenience that all the railway interests should be represented and 
 heard; of course, in small committees like those in the English Commons, 
 it is inexpedient to have members locally interested in such works. See 
 remarks of Sir J. A. Macdonald, p. 37. 
 
 ' In England, the occupants of the Treasury bench are exempt from 
 serving on private bill committees ; 175 E. Hans. (3), 1545. See as to 
 duties of ministers : Mirror of P. 1830, p. 2009 (Sir R. Peel) ; lb. 1840, 
 
622 I'RIVATE BILLS. 
 
 Rules t2 and t3 of the Commons lay down certain regu- 
 lations ibr the guidance of agt'nts, to whom parties inter- 
 ested in private legislation may entrust their bills. Every 
 agent is personally responsible to the house and to the 
 speaker for the observance of the rules, orders and prac- 
 tice of Parliament, and also for the jiaymentof all fees and 
 charges, lie cannot act until he shall have received the 
 express sanction and authority of the speaker. If he shall 
 act in violation of the rules of Parliament or of those 
 prescribed by the speaker, or shall wilfully misconduct 
 himself in prosecuting any j)roceedings before I'arliament, 
 *'he shall be liable to an absolute or temporary prohibition 
 to practice as a parliamentary agent, at the pleasure of the 
 speaker ; provided that, upon the appliinition of such agent, 
 the speaker shall state in writing the ground of such pro- 
 hibition." 
 
 No officer of the house is allowed to transact private 
 business for his emolument or advantage, either directly 
 or indirectly.^ 
 
 ni. Private Bill Days in the Commons.— By rule 19, privati' 
 bills come up for consideration in the House of Commons 
 on Monday, AVednesday, and Friday in each week." No 
 limit is fixed to the discussion on such bills when they 
 are reached on Monday, but on the other days they are not 
 to occupy more than one hour, whcL. he house resumes 
 at half past seven o'clock in the evening. By general 
 consent the hour may be extended,^ but if objection be 
 taken the house must go on with the other business on 
 the order paper.^ The rule is frequently suspended to- 
 
 p. 4657 (Mr. Baring, chancellor of the exchequer); 80 E. Hans. (3), 177 (Sir 
 R. Peel). See also Sen. Deb. [1879], 186 ; Ih. [1883], 52. 
 
 1 Pari. Eep. No. 648, of 1833, p. 9 ; Xo. 606, of 1835, pp. 17, 19. May, 782. 
 ^ Supra, p. 251. 
 
 •'' Canada Southern railway till, March 22 ; and April 10, 1878 ; when 
 two hours and a half were devoted to private bills. 
 * Campbell relief bill, Hans. [1879] 1883. 
 
PETITIONS. 623 
 
 wards tho <loso of the session by orders giving preceden(^e 
 to government or other business of iinportunee. In case it is 
 not proposed to supersede private ))ills, the motion to give 
 priority to other matters should be so expressly worded." 
 
 IV. Petitions for Private Bills.— li] very private bill, presented 
 in either house, should be first based upon a petition 
 which states, succinctly, the object which the promoters 
 have in view.' The rules that govern petitions generally, 
 apply also to those for private ])ills ; and it is therefore 
 important that every applicant for private legislation 
 should carefully observe these rules, as an informality 
 may jeopardise the measure he is applying for. As the 
 subject of petitions io treated fully elsewhere,' it is here 
 necessary only to state that the signature must appear on 
 the sheet containing the whole or part of the prayer ; that 
 the signature or signatures must be in the hand-writing 
 of the x>arty interested ; that an agent cannot sign for 
 another excej^t in case of illness ; that the petition of a 
 corporation must contain the corporate seal ;' that no 
 member can present a petition from himself, but must do 
 so through another member.^ A member will present the 
 petition in his place — confining himself to a simple 
 statement of the prayer — and it must lie two days on the 
 table before it can be read and received f and it is then re- 
 ferred, as a matter of course, to the committee on standing 
 orders, which takes cognizance of all such petitions, and it is 
 only after a favourable report that the bill can be presented. 
 
 1 Can. Com. J. [1882], 231. 
 
 - Sen. K. 57 ; Com. R. 56. 
 
 ^ Chapter viii. 
 
 * In the Glasgow gas bill, 1843, an objection was taken that the seal 
 attached to a petition was not the corporate seal of a company ; and when 
 this was proved to be the case, all the evidence in support of the petition 
 was ordered to be expunged ; INIaj^, 838. 
 
 '" Bank of Manitoba, Can. Com. J. 187o, p. 235 ; Metropolitan Bank, Ih. 
 1876, p. 141. 
 
 «Sen. Deb. [1879], 120. 
 
(124 PRIVATE BILLS. 
 
 Petitions could formerly ])e presented within the first 
 three weeks of the session : but in 1870 certain modifica- 
 tions and changes were made' in the rules, and it is now 
 ordered : 
 
 "No petition forany pi-ivatc l)ill is i-cccived by tlio house after 
 the first ten (lays f)feacli session; nf)r may any private bill lie 
 y)resentc(l to the lioiise after the first two weeks of eaeh session ; 
 nor may any report of any standin*^ or select committee upon a 
 private hill he received after the first six weeks of each session." 
 (Sen. cS: Com. I{. 40). 
 
 Under the amended rules, any person seeking to obtain 
 the passage of a private bill is required to deposit with 
 the clerk a copy of the bill eight days before the meeting 
 of the house, together with a sum sufficient to pay for the 
 printing and translation. ■ Under the old system, the time 
 of the house was occupied even toward the latter part of 
 the session with private bills, and the house was fre- 
 quently unable to give them the full consideration all such 
 measures should invariably receive. The time for present- 
 ing i:)etitions and bills was practically extended throughout 
 the w^hole session, and a very loose and careless system, 
 was encouraged. The object of the amended rule is to 
 bring the bulk of petitions and bills within the first part 
 of the session, but, though there is a decided improvement 
 as compared with the old practice, the promoters of private 
 bill legislation are still very remiss, and are likely to be so 
 while they feel that the committee on standing orders is 
 disposed to extend the time whenever an application is 
 made for that purpose. "When it becomes necessary to 
 extend the time for receiving petitions, the regular course 
 is for the committee on standing orders to make a report, 
 recommending such an extension. The rule provides : 
 
 *' Xo motion for the suspension of the rules upon any petition 
 
 » Can. Com. J. [1876], 108. 
 2 Infra, p. 643. 
 
PETITIONS. 
 
 (;2r> 
 
 for :i private l)ill is ontcrtuiiuMl, unK'ss the same has been re|K>rt«'(l 
 ii|KHi liy llio coininittee on Htaiidiiii; <)r<loi'8." (Son. I{. IS; Com. 
 \{. 55.) 
 
 Rulo 6!) of the Commons also provides that any motion 
 in relation to tho suspension of the rules, must be referred 
 to the committees : 
 
 "Except in cases of uri^ent and presHin<ij necessity, no motion 
 lor the suspension oi' modiHeation of any I'uie applyin*^ to i)rivate 
 ItilJH or petitions' for private l>ills shall he etitertained hy tho 
 house until after reference is made to the .several standitit^ com- 
 mittees charged with tiie coiisidei-ation of private hills, and a re- 
 port made thei-eon l»y one oi- more of such committees."' 
 
 When the <^ommittee on standing* orders, or other <'om- 
 mitteecharji'ed with private bills, has reported in iavourof 
 extending the time, it is the duty of the chairman to make a 
 formal motion in a<'cordan<e with the recommendation. 
 This motion may also extend the time for presenting pri- 
 vate bills, or re(^eiving reports from committees — the latter 
 recommendation being only necessary in rare cases.- In 
 the session of 1870, the time expired before the committee 
 on standing orders in the Commons was organized. A 
 motion w^as then made in the house by the premier to ex- 
 tend the time, as a number of petitions w^ould bt' brought 
 up before the committee could report regularly in favour 
 of an extension.' Subsequently the committee on stand- 
 ing orders reported in favour of extending the time for 
 presenting bills, and the house agreed to the recommen- 
 dation.^ 
 
 AVhen the usual time for receiving petitions has expired, 
 
 ' The Senate have no such rule respecting Inll.s, but in order to suspend 
 a rule one day's notice should be projxjrly given under rule 18. Sen. Deb. 
 [1879], 500. 
 
 -Can. Com. J. [1876], 102, 107,108 ; lb. [1877], 38, 42, 44 ; Ih. [187S], 
 36,93, 137 ; Ih. [1883], 104, 214, 235 ; Sen. J. [187!>], 71, 83 ; lb. [1883], 
 58, 76. 
 
 ^ Can. Com. J. [1879], 31 ; rule 55 was suspended by general consent. 
 
 * See also, Senate journals, pp. 51, 52, 102 ; Com. J. [1879], 39. 
 
 40 
 
626 PRn'ATE PTLLS. 
 
 and th(* house is not disposed to extoud it, occasions may 
 arise when parties will be oliliged to ask for legishition. 
 Under such circunistanres, the r<»gular course is lor the 
 parties interested to present a petition praying to be per- 
 mitted to hiy before the house a petition for ihe passing 
 of th«^ n<?cessary act, notwithstanding the expiration of 
 the time for bringing up petitions for private bills. It is 
 usual lo allow such a petition to be read and received 
 forthwith, and to refer it to the committe«^- on standing 
 orders. If the «ommittee, after considering all the cir- 
 cumstances of the case, report favourably, the petition for 
 the bill wdll be at once presented, and leave given to read 
 and receive it forthwith.' When the committee find that 
 the reasons for delay in coming to the house for legisla- 
 tion are not sufficient to justify a suspension of the rules, 
 they will report accordingly, and no further progress can 
 be made in the matter." Cases will be found in the jour- 
 nals of the old legislature, of the house having allowed 
 the presentation of petitions without the reference /f a 
 preliminary petition to the committee on standing ordors.' 
 In these cases the rules have been suspended by unani- 
 mous consent, and the petition at once received. In 
 case, since ]86t, a petition was immediately rece'pr 
 and the bill at once presented and referred.^ But sucli ii 
 stances of departure from correct practice aro of ver} 
 rare occurrence, and can only be justified " in cases of ur- 
 gent and pressing necessity.'" In another case, stated to 
 be of urgent necessity, the house consented to receive 
 
 • Can. Com. J. [1S77], 263, 267, 268 ; lb. [1879], 357, 363 ; Ih. [1880-1]. 
 208 ; lb. [1883], 111, 214, 244, 254. In the Senate it is not the practice to 
 refer the preliminary j:)etition to the committee on standing orders, but 
 to receive it forthwith ; Jour. [1879], 175, 254. Then the petition for tho 
 act is brought in and referred in due form to the standing orders com- 
 mittee ; lb. 208, 219. 
 
 - Can. Com. J. (1875), 246. 
 
 ■•' Leg. Ass. J. (1852-3), 347 ; lb. (1863, Feb. sess.), 320, 326. 
 
 * Can. Com. J. (1873), 280. 
 '" R. 69, mpra, p. 625. 
 
CO MM ITT I :i: ox STAM>L\(i ORDERS. 027 
 
 forthwith a p«'titioii prayini;" that the nilo irquirini^ l)re- 
 viouH iiotict^ of ail application ibr a hill besusptMidod. Tho 
 ('omiiiittoo oil standing orders (oiisich'rrd the application, 
 and when they had reported iavourubly the member in 
 charge; of the })ill moved for the suspension of the 51st 
 rule, and presented the bill.' 
 
 Petitions in favour of, or in opposition to, private bills 
 may be received at any time while the bill is under tht; 
 consideration of the house and its committees, and are re- 
 ferred to the committee on the bill, without a motion in 
 the house, in accordance with rule o{^> of the Commons, 
 (Sen. II. 60).- There is no rule laid downi in the Canadian 
 houses as respects the time when such jK'titions should be 
 presented ; ' they are frequently brought up and received 
 after the bill has been referred to a select committee. ' 
 
 V. Committee on Standing Orders.— This committee is ap- 
 pointed in both houses at the commencement of the session, 
 and proceeds to work without delay. Under rule 53 
 of the Senate and Commons "petitions for private bills, 
 when received by the house, are to be taken into consid- 
 eration (without special reference) by the committee on 
 standing orders, which is to report in each case whether 
 the rule with regard to notice has been complied with ; 
 and in every case where the notice shall prove to have 
 been insufficient, either as regards the petition as a whole 
 or as to any matter therein which ought to have been 
 specially referred to in the notice, the committee is to 
 recommend to the house the course to be taken in conse- 
 quence of such insufficiency of notice." 
 
 Under rule 51, common to both houses, notices must be 
 
 ^ Can. Com. J. (1877), 79, 89, 90. 
 
 ■^ Can. Com. J. (1873), 39 ; Ih. (1876), 170 ; southern railway petitions, 
 Feb. 19, 1878. 
 
 ' The time is limited for receiving petitions against bills in the English 
 house. May, 816. 
 
 * Can. Com. J. (1876), 110, 171 ; Ih. (1876), 123, 139, 143, 197. 
 
628 PRIVATE BILLS. 
 
 given of " all applications for private bills properly the 
 subjects of legislation by the Paiiiament of Canada, within 
 the purview of the British North America Act, 1867r 
 whether for the erection of a bridge, the making of a rail- 
 road, turnpike road, or telegraph line ; the construction or 
 improvement of a harbour, canal, lock, dam or slide, or 
 other like work ; the granting of a right of ferry ; the in- 
 corporation of any particular trade or calling, or of any 
 banking or other joint stock company"; or "otherwise for 
 granting to any individual or individuals any exclusive 
 or peculiar rights or privileges whatever, or for doing any 
 matter or thing which, in its operation, would affect the 
 rights or property of other parties, or relate to any parti- 
 cular class of the community, or for making any amend- 
 ment of a like nature to any former act." The notice must 
 clearly and distinctly specify the nature and object of the 
 applici^tion, and (except in the case of existing corpora- 
 tions) must be signed on behalf of the applicants. In the 
 provinces of Quebec and Manitoba this notice must be in- 
 serted in the official Grazette, in the English and French 
 language, and in one newspaper in the English, and one 
 newspaper in the French language, in the district affected, 
 or in both languages if there be but one paper ; or if there 
 be no paper published therein, then (in both languages) 
 in the Official Gazette, and in a paper published in an ad- 
 joining district. In the other provinces, it is necessary to 
 insert a notice in the Canada Grazette only, and in one 
 newspaper published in the county, or union of counties 
 affected, or if there be no paper published therein, then in 
 a newspaper in the next nearest county in which a news- 
 paper is published. 
 
 These notices must be continued in each case for a period 
 of at least two months, during the interA'al of time between 
 the close of the preceding session and the consideration 
 of the petition, and copies of the newspapers containing 
 the first and last inseition of such notice shall be sent 
 by the parties inserting such notice to the clerk of the 
 
NOTICES OF APPLICATIOX. 
 
 G29 
 
 house (or of the Seuate) to be filed in the stoiidiiig- orders 
 committee room. 
 
 By rule 52, before any petition praying for leave to bring- 
 in a private bill for the erection of a toll-bridge, is pre- 
 sented to the house, the person or persons intending to 
 petition for such bill shall, upon giving the notice pre- 
 scribed by the standing orders, at the same time and in 
 the same manner, give notice also of the rates which they 
 intend to ask, the extent of the privilege, the height of the 
 arches, the interval between the abutments or piers, for 
 the passage of rafts and vessels, and shall also state 
 whether they intend to erect a drawbridge or not, and the 
 dimensions of the same. 
 
 With a view to give full information of the orders 
 on this subject, it is provided by the rule of both houses 
 that the clerks shall during each recess of Parliament 
 publish weekly in the Official Canada G-azette the rules 
 respecting notices of intended applications for private 
 bills and the substance thereof in the Official Gazette of each 
 of the provinces ; and that they shall also announce, by 
 notice auixed in the committee rooms and lobbies of the 
 house, by the first day of every session, the time limited for 
 receiving petitions for private bills, and reports thereon. 
 
 The committee on standing orders have no authority to 
 inquire into the merits of a petition ; that is properly tiie 
 duty of the committee to whom the bill, founded on the 
 petition, is subsequently referred ; but they must compare 
 the petition with the notice, in order to see that the latter 
 is not at variance with the former. If there be any in- 
 formality in the notice or if the parties have neglected to 
 give proper notice, the committee will report it lo the house, 
 and either recommend an enforcement or a relaxation of 
 the rule, according to the circumstances of the case. It is 
 the duty of the clerk of the committee to examine into all 
 the facts with regard to the notice given on each petition, 
 so that the committee will have before them such infor- 
 mation as that officer can give. In case of insufficiency 
 
630 PnWATE BILLS. 
 
 in the notice, or other irregularity connected therewith, 
 the promoters of the bill, or their authorized agents, will 
 appear before the committee and make such explana- 
 tions as are necessary to ennble them to come to a con- 
 clusion. 
 
 The <ommittee will always be guided in coming to a 
 conclusion by the circumstances of the case under thrir 
 (Consideration. It may not infrequently happen that they 
 will dispense with the notice altogether or declare them- 
 selves satisfied ^rith a partial and defective notice, when 
 they are assured tl at no private interests will be affected 
 injuriously by the irregularity. The reasons which gene- 
 rally lead them to a conclusion will, however, be best 
 understood by referring to the cases since 1867, where they 
 have reported in favour of dispensing with the notice, 
 or have otherwise recommended a departure from strict 
 usage. 
 
 When the application was ba^ed on resolutions unanimously 
 adopted by the shareholders present at a special general meet- 
 ing, convened for the purpose of considering the same.^ When 
 a notice has been sufficient in i-egard to time, but no mention 
 has been made therein of the rates of toll to be levied by a 
 Bridge Company ; on condition that such provision be made in the 
 bill as the private bill committee might consider necessary for 
 j-estricting the rates of toll.^ When thf lotice contained no men- 
 tion of the proposed increase of capita,:, on condition that a pro- 
 vision was inserted in the bill requiring the consent of the share- 
 holders to such increase before it went into operation." When a 
 railway to be incorporated did not interfere with any existing in- 
 terest.* When the application has not been sufficiently explicit, 
 but evidence was brought before the committee that the pro- 
 
 ' Can. Com. J. (1867-8), 35. 
 
 2 Can. Com. J. (1867-8), 168. 
 
 ^ Ih. (1869), 99. In other instances where the proposed amendments 
 were not specifically stated in the notice, the committee have recommended 
 invariably a similar provision in the bill; Ih. (1869), 113 ; lb. (1871), 139;. 
 Ih. (1873), 82. 
 
 * lb. (1870), 237. 
 
XOTICES DEEMED SUFFICIEXT. 
 
 631 
 
 posed changes were approved by the shareholders.^ \yhen 
 the extension of a railway would run thi-ough an unsettled 
 tract of countr}', where no private rights would be interfered 
 with.- When a very numerously signed petition in favour of 
 a bridge or other work in a public lo(xality has been shown 
 to the committee.'' When there are no existing rights to be 
 affected, and no opposition likely to be ottered to the project.^ 
 When the necessity for the application has arisen too recently to 
 admit of tlie notice being given in time.'' Whenever no private 
 interests other than those of the petitioners are affected." When 
 the committee have been convinced that the public in the locality 
 specially affected has been made fully aware of the proposed 
 legislation." When they have had evidence that the consent of 
 the shareholders had been signified.^ 
 
 In 1871 the notice for the Coteau Landing and Ottawa Railway 
 was given only a few days before the presentation of the petition ; 
 but the promoters explained that their action had been contin- 
 gent on that of the legislature of Ontario, and on that of the 
 corporation of Monti-eal City, and that as soon as they felt 
 justified in going on with the work they published the requisite 
 notice and held public meetings for the discussion of the project, 
 at which it was most favoui-ably received. Under these circum- 
 stances the rule was suspended.** In another case of short notice, 
 the petitioners were under the erroneous impression that they 
 could obtain a charter from the governor in council under the 
 general banking act ; and the I'ule was suspended especially in 
 view of the fact that the whole banking system would come under 
 review that session.^" On the petition of the Commercial Bank of 
 New Brunswick for an act to limit the time within which their 
 notes would be redeemable the notice was not complete as to 
 time; and to remedy this the committee suggested that in fixing 
 
 1 Can. Com. J. (1873), 67. 
 •■^ 76. (1873), 110; 76. (1874), 147. 
 =* 76. (1874), 54. 
 * lb. (1874), 89. 
 
 ^ 76. (1874), 21c) ; 76. (1883), 100. 
 •76. (1877), 74; 272. 
 ^ 76. (1870), 52. 
 » 76. (1867-8), 177. 
 , »76. (1871), 66. 
 "•76. (1871), 78. 
 
 L 
 
632 PBIVATE BILLS. 
 
 the time to be limited by the bill such a date be specified as 
 would give to creditors ample notice of the limitation.' On the 
 petition of the Great Western Eaihvay foi' an act to legalize 
 its issue of perpetual debenture stock under the act of a previous 
 session, the committee found that the notice merely referred to 
 an extension of powers without any gpecitic mention of these 
 debentures. They were issueil under the authority of the act in 
 question, after it had passed both houses, but before it had 
 received the royal assent. They were issued through inadver- 
 tence, in consequence of information of the passage of the bill 
 transmitted by telegraph, and the object of the application was 
 to remedy the defect. Under these circumstances the notice was 
 deemed sufficient,'^ In another case the committee found the 
 notice sufficient for a railway bridge, but would not recommend a 
 relaxation of the rule concerning tolls on vehicles and foot pas- 
 sengers, because they found there was opposition in the locality 
 aftected,'* In the case of an act respecting the Canada Landed 
 Credit Co., notice was first published of an application to the local 
 legislature of Ontario through a misapprehension, and the notice 
 of application to the dominion parliament was only published 
 subsequently, and consequently was not complete ; but the com- 
 mittee had no hesitation in reporting favourably/ 
 
 From the foregoing precedents it will be seen that 
 notice was given irregularly, or was defective in point of 
 time ; but there are numerous instances where the com- 
 mittee have felt justified in dispensing with a notice 
 altogether. The petition of a board of trade for amend- 
 ments to its act of incorporation, and to legalize the 
 appointment of an official assignee made previous to in- 
 corporation, was not considered one requiring the pub- 
 publication of notice.^ In the case of the Niagara Falls 
 Gras Company in the state of New York, for authority to 
 supply the town of Clifton with gas, no notice was given, 
 
 » Can, Com, J, (1871), 140, 
 '' 1 b. (1874), 148. 
 ■" lb. (1874), 149. 
 ^76. (1876), 102, 126. 
 ^J6.' (1867-8), 39, 
 
NOTICE DISVEXSEl) WITH. 633 
 
 hut the committee recommended a snspeiiision of the rule 
 in view of the fact that there was before the house a peti- 
 tion from the hitter place, representing that it would be of 
 great advantage to the town, and that no private rights 
 would be interfered with.' The Vine Growers' Association 
 petitioned the house for the repeal of section 1*71 of the 
 act respecting the inland revenue (relating ex(4usively to 
 the said association) and for certain amendments to the 
 act incorporating that body. No notice had been given, 
 but the committee recommended a suspension of the rule, 
 as no other interests were likely to be affected, and as the 
 act referred to was passed that same session, without th<* 
 know^ledge of the company whose interests Avere thereby 
 most pr(^judicially affected.' 
 
 The committee have also dispensed with a notice under 
 the following circumstances : 
 
 When no interests exce]>t those of the petitioners ai-c likely to 
 he affected by the proposed legislation;^ When no e.Kclusive 
 privileges are asked foi- in the bill.* When the omission has 
 arisen from some accident, and not from any negligence on the 
 part of the petitioner, and the absence of notice would not be pre- 
 judicial to any private interests." When it has been shown that 
 the circumstances rendering legislation necessary were so recent 
 that it was impossible to give the requisite notice ; ^ but generally 
 on condition of the insertion in the bill of a provision that so much 
 thereof as might affect the interests of the shareholders shoukl 
 not take effect until their consent should have been obtained at a 
 special general meeting.^ When the committee have had 
 abundant evidence that all parties likely to be affected were fully 
 informed of the application, and that there was no opposition to 
 
 ' Can. Com. J. (1867-8), 177. 
 
 '' lb. (1867-8), 207. 
 
 - lb. (1875), 216 ; Il>. (1876), 102. 
 
 * lb. (1867-8) 210. 
 
 '' lb. (1869), 8.". 
 
 « lb. (1874), 166 ; lb. (1876), 170 ; Sen. J. (1883), ISS, 232. 
 
 " Can. Com. J. (1869), 185. 
 
634 PRIVATE BILLS. 
 
 the project.^ When the committee have found that an act was 
 necessary mci-ely on account of some ambiguity of expression 
 in an act of a ])revious session.' When it is, or can be, provided in 
 the bill that no injury to any party shall arise from the absence 
 of notice.' When it is shown that the ])roject is one of urgency 
 or of great public importance, and att'octs no vested rights.^ 
 
 AVhen the notice lias been published in the Gazette but not 
 in a local paper, and it has been shown that the only private 
 interests to be affected are those of the shareholders, whose con- 
 sent is provirled for by a clause in the bill.' When no paper is 
 published in the locality and the public has been otherwise fully 
 made cognizant of the proposed ap})lication." When no notice of 
 the intended legislation could be given in the locality or in its 
 neighbourhood." AYhen the petitioners ha\c been willing to 
 submit the matter to a vote of the shareholders before taking 
 action upon it ; and provision is inserted to that effect in the bill.' 
 When the majority of the shareholders reside in Great Britain 
 and similar provision is made." When notice had been given 
 in a local paper only, and it was shown that the proposed work 
 was confined to a particular locality.'" When no notice had been 
 published in a local paper by the Montreal T^orthei'n Colonization 
 Eailway Company, the committee directed that notice of the 
 application should be given to the St. Lawrence and Ottawa 
 Bailway Co. which had power to build a railway bridge in the 
 same locality, and as the rights of the general public could not 
 be prejudicially affected, the notice in the Gazette and Montreal 
 papers, so supplemented, was considered sufficient." When the 
 
 ' Can. Com. J. (1870), 44. In tliis case the company first applied to the 
 Quebec legislature and gave the requisite notices ; and tlien they deter- 
 mined to ask legislation from the dominion parliament. 
 
 ■' lb. (1870), ii;;. 
 
 =' 76. (1873), 123 ; Sen. J. (1883), 76, 94, 232 ; Ih. (1875), 303. 
 
 * 76. (1883), 116, 131, 262. 
 
 * Can. Com. J. (1869), 163. 
 
 * 76. (1870), 82. In this case the notice was published in the Ottawa 
 papers, but not in the adjoining city of Hull. 
 
 '76. (1S71), 78. 
 
 « 76. (1871), 102 ; 76. (1873), 52. 
 
 » 76. (1873), 162. 
 "> lb. (1874), 255. 
 " 76. (1874), 218-0. 
 
IXSUFFICIE.YCY OF yOTICE. 
 
 635 
 
 bill is not of a nature to roqiilro tl»e publication of a notioc' 
 On condition that provision be made in the bill for the assent 
 of the shareholders at a general meeting;- when the lei^isla- 
 tion asked foi* related to companies or associations foi-mcd for 
 benevolent, charitable, educational, social, literary or scientitic 
 purposes f when the occasion for le<^islation has arisen on ac- 
 count of a very recent Judicial decision and it was ini])0ssible to 
 give sufficiciit notice ;' when an act of natui-alization is asked foi-.' 
 
 The foregoing- precedents illustrate very cdearly the 
 principles that guide the committee in coming to a con- 
 clusion with respect to the absence or insufficiency of 
 notice. They show that such irregularities are overlooked 
 only when the committee are made fully aware that all 
 parties interested have had sufficient notice, or that no 
 interests are affected except those of the petitioners. In 
 the case of banks and other incorporated companies, the 
 consent of the shareholders is provided for by the inser- 
 tion of a clause in the bill. When the committee have 
 believed that the notice was really insufhcient," or that 
 the consent of the shareholders had not been given,' they 
 have always reported adversely. If the notice should be 
 too general in its terms, or if no mention be made of cer- 
 tain matters included in the petition which require a spe- 
 cific notice, the facts should be specially reported, and the 
 promoters restricted in the provisions of the bill within 
 the terms of the notice ; or if the matters so omitted are 
 allowed to be inserted in the bill, due provision should 
 
 ' Can. Com. J. (1879), 83 ; Sen. J. 83 (Geo<rraphical Society). 
 
 '' Can. Com. J. (1879), 136. 
 
 •' Woodstock Literary Institute, 1857. ^Montreal Natural History Society, 
 1862. Society of Canadian artists. Can. Com. J. (1870), 83 ; Sen. J. 145. 
 Canadian Academy of Arts, Can. Com. J. (1882), 83 ; Sen. J. 72-3. Sisters 
 of Charity in N. AV. T., 7th March, 1882, Can. Com. .1. Royal Society of 
 Canada, Can. Com. J. (1883), 07 ; Sen. J., 76. 
 
 * Presbyterian Church bills, 2ud IMareh, 1882. 
 
 * Can. Cora. J. (1872), 80. 
 
 « Can. Com. J. (1869), 162 ; Jb. (1874), 148 ; Ih. (1883), 100. 
 ' lb. (1876), 170. 
 
1130 I'niVAIE BILLS. 
 
 bo made ilicrein for the protection of Jill pnrties whose 
 rights might be atrected ])y the absence of a specific no- 
 tice. AVhen the notice has been given only in one county 
 or district, the oi)eration.s of the petitioners have been 
 conlin«'d to that lo<»ality.' 
 
 The report of the committee is almost invariably 
 accept(^d by the house as conclusive, and there cannot be 
 found a single instance since 18G7-8 where the house has 
 overruled their decision. In the case of a bill from the 
 Senate in 1877 the committee reported adversely, and the 
 house subsequently negatived a motion to suspend the 
 standing orders, and in this way overrule the report of the 
 committee." 
 
 In 1883, the Senate committee on standing orders re- 
 ported unfavourably on a C^ommons' bill, of which no 
 notice had been given, and which was referred to them 
 in the absence of a petition ; but the Senate suspended the 
 rules and in this way nullified the action of their own 
 committee.' 
 
 One case is recorded in the journals of the Canadian 
 legislative assembly, where the committee having reported 
 the notice as incomplete, recommended that it be not dis- 
 pensed with. The house nevertheless suspended the rule, 
 and referred the petition back to the committee, who sub- 
 sequently reported favourably, and a bill on the subject was 
 consequently introduced.' The same respect is paid in the 
 English houses to the conclusions of the committee, and 
 very few cases are reported of their decision having been 
 reversed.^ 
 
 » Todu's Private Bill Practice, 49. 
 
 - Act for the relief of Robert and Eliza Maria Campbell ; Can. Com. J. 
 (1877), 313, 335. 
 
 •' Infra, p. 666. 
 
 ■* Todd's Private Bill Practice, 47 ; Beauharnois plank road compa&y, 
 1846. 
 
 '" " In some few cases, (May, 793-4), the decision of the standing ordei-s 
 committee has been excepted to and overruled by the house, either upon 
 the consideration of petitions from the promoter, or by a direct motion 
 
REPORT OF srAXDING ORDERS COMMITTEE. G37 
 
 There arc instances in the journals of the old Canada 
 assembly of the house referring petitions back to the com- 
 mittee after an unfavourable report, for the purpose of (Con- 
 sidering' and repoi-ting as to the expediency of suspending 
 the rule. In one case only was their report favourable, 
 and though in this instance the rule was suspended and 
 the bill presented, it was subsequently abandoned.' When 
 a petition had been reported l)y mistake, the (^ommittee 
 asked that it be referred back to them for further con- 
 sideration." They have also reconsidered and amended a 
 report, when further evidence has been adduced to satisfy 
 them.' 
 
 When the committee report recommending the suspi^i- 
 sion of any standing order relatiA^e to a private bill, it is 
 proper to make a motion in accordance with that recom- 
 mendation, as the committee have no power of themselves 
 to suspend a rule of the house.' The practice, however, 
 has not been uniform in this respect, and cases will be 
 found in the journals of bills having been immediately 
 introduced after the presentation of the report without 
 any formal motion for the suspension of the rule.' The 
 correct practice, however, is to move formally concurrence 
 in the report,** before the introduction of the bills founded 
 on the petitions referred to the committee." 
 
 In the session of 1880-1, the time for the reception of re- 
 
 in tlie house, not founded upon any j)etition. But as the house has been 
 jienerally disposed to support the committee, attempts to reverse or dis- 
 turb its decisions have rarely lieon successful." See 80 E. Hans. (3), 158, 175. 
 
 ' Elora Incorj)oration, 1856. 
 
 2 Can. Com. J. (1876), 136. 
 
 ^ St. Bonaventure municipality, 1860 ; Gait and Guelpli R. R. amend- 
 ment, 1858 ; British Farmer's Insurance Co., 1859. 
 
 ♦ Sen. Jour. (1879), 71, 83, 114, &c. ; Ih. (1883), 188 ; Com. .Jour. (1873), 
 267 ; Ih. (1877), 89,90 ; lb. (1878), 84, 85 ; Ih. (1879), 38, 324-5,373. 
 
 ^ lb. (1875), 146, 147. 
 
 ' In the English Commons the committee's report is in the shape of 
 various resolutions, which are formally read a second time and agreed to ;; 
 129 E. Com. -T. 63, &c. 
 
 ' Can. Com. J. (188O-I), 60, 68 ; I.b (1883) 100 etc. 
 
638 rniVArK hills. 
 
 ports on privato bills in tho Commons lapsed accidontally, 
 and it was not compotont for tho staiidiiig- ordtTs commit- 
 too to recommend an extension of time. It was then con- 
 sidered necessary to give a formal notice of a motion to 
 revive the committee. The standing' orders committee 
 then met and made a report to extend the time for peti- 
 tions as soon as the housi; had agreed to the above motion.' 
 In accordance with English practice, all inquiries as to 
 compliance with the standing orders affecting private bills 
 properly fall within the sphere of the functions of this 
 committee, and not of the committee on a particular bill.' 
 
 VI. First and Second Readings.— When the committee on 
 standing orders have reported favoura])ly on a petition, 
 the member who has the bill in charge, can present it im- 
 mediately in accordance with the rule : 
 
 "All private Mils are inti-oduced on petition and presented to 
 tho house upon a motion for leave, after such petition has been 
 favourably reported on l)y the committee on standing orders." 
 (Com. Pi. 56, Sen. K 57.) 
 
 It is usual to present such bills when motions are called 
 during progress of routine business. The motion for leave 
 must be in writing, as in the case of public bills, and the 
 fees for printing must be paid before the bill can be pre- 
 sented."^ All the rules that apply to public bills are ap- 
 plicable to private bills in their progress through the 
 houses,^ unless there are standing orders specially refer- 
 ring to the latter. For instance all bills are read a first 
 time without amendment or debate in the Comnions, 
 though the house may divide on the question.^ If a bill 
 has been presented and read a first time before the com- 
 
 1 V. & P. p. 196 ; Jour. pp. 150, 156. 
 ■^ May, 872-3. Infra, p. 655. 
 
 ^Seein/ra, 643, sec. vii., where explanations are given as respects all 
 fees and charges. 
 
 * See chapter xviii. on public bills. 
 
 ^ Com. R. 42 ; Can. Com. J. (1877), 143, 144, 169 ; Sen. J. (1883), 49. 
 
FIRST liKADfXa. 630 
 
 mittec on standincf ordors havo roportod on tho p»^tition, 
 th«' ordtT lor tho socond reading- must ho fort li with 
 discharf^od, and tho bill withdrawn until it can b(^ in- 
 trodin'od regularly.' If tho committer on standing ordors 
 rtM'ommcnd a suspension of ruh; 51 rospctting notice, 
 the member in presenting the bill should also move in 
 aceordancc with that reeommendation.^ If the time for 
 receiving private bills has expired, a member cannot 
 regularly present a bill, unless the committee on standing 
 orders or other committee on private bills have first recom- 
 mi'uded a suspension of rule 49, on application having 
 been made to them by the member interested. The rule 
 having been suspended on motion, in accordance with the 
 recommendation of the committee, the bill may then be 
 R'gularly introduced.' The first and second readings take 
 I)laee almost invariably on separate days ; only in cases of 
 urgency, towards the close of session, and under excep- 
 tional circumstances, will the house deviate from this 
 wise practice.' 
 
 It is necessary to have all proposed rates, tolls, fees, or 
 fines printed in italics — technically considered as blanks 
 to be filled up by the committee.'' The bill " must also 
 have attached to it a copy of any letters-patent or agree- 
 ment" when its object is to confirm such.'' When the rule 
 has not been complied w^ith, a private bill committee has 
 reported adversely ; but in such a case the omission may 
 be rectified in committee of the whole on the bill.^ 
 
 ' Can. Coin. J. (1877), 50. 
 
 - lb. (1876), 103 ; lb. (1877), 90. 
 
 ■ Hochelaga Building Society, ^larch 15, 1878. On a previous day Mr. 
 Jette moved for leave but had to withdraw his motion until the committee 
 reported. Sometimes the standing orders committee, in a case of urgency, 
 will report in favour of eusjiending both rules 49 and 60 ; Can. Com. J. 
 (1873), 267. 
 
 ' Can. Com. J. (1879), 326, 373 ; Sen. J. (1879), 233. In the Senate the 
 rules are formally dispensed wath in such a case. lb. (1883), 270. 
 
 » Todd's Private Bill Practice ; May, 797. 
 
 « Com. R. 57 ; Sen. R. 58. 
 
 ' Bessemer's patent, 1857. 
 
G40 PRIVATE BILLS. 
 
 Previous to 18G7, private bills were referred to the seleof 
 standing committees after the second reading, but in that 
 year when the rules were revised and a new code adopted 
 for the dominion Parliament, the reference was ordered to 
 be made in the Commons after the first reading." In 1878 
 the House of Commons reverted to the oid and more cor- 
 rect practice of referring all bills after the second reading.- 
 The Senate, however, never deviated from this practice. ' 
 
 "When the order of the day has been read for the second 
 reading of a private bill, the member will make the usual 
 motion. At this stage counsel may be heard at the bar for 
 and against the bill, but the necessity for this step has 
 only arisen in a few cases in Canada, and, in fact, there 
 have been no instances since 1807.^ The ox)ponents of a 
 bill find that the more convenient course is to explain, 
 their objections fully before the committee to which the 
 bill may be referred. It is only on rare occasions that the 
 second reading of a private bill is opposed ; the practice is 
 to allow all discussion as to its expediency to take place 
 first in the committee.' Sometimes, however, if it is 
 thought that the bill is properly one that ought to be dealt 
 with by the local legislature of a province, objection may 
 
 ' Can. ( bm. J. (1867-S), 43, 115, 125. 
 •^ /6. (1873), 351, 384. 
 
 •'' In 18G1 the legislative council of Canada adopted rules for private 
 l)ills identical with those of the assembly. The Senate made no change 
 in Iou7-8, as to reference to select committees. The rules of the two 
 houses are now practically the same; Avlien amendments are made in the 
 one house, it is usual to make similar changes in the other, so that there 
 may he uniformity of practice. 
 
 * King's College, 1843, 1844-5 and 1846 ; Montreal Consumers Gas Co., 
 1846 ; Great Southern R, R., 1857. 
 
 ' This practice has been found particularly convenient in the case of 
 railway bills, involving necessarily mair averse interests of a coiupli- 
 cated character in not a few instances. " j.* "t vvas understood with regard 
 to banking, insurance, canal and railway bills, that they were to have a 
 long discussion in the house, o'l the principle ir od, these committees 
 would lose their chief practical value." — Sir J. ..lacdonald, 1879. See 
 Can. Hans. (1879), 107-9 ; 1391-7. lb. (1880), 588 (Mr. Holton). 
 
SECOND READING. 641 
 
 be taken at this or at any other stage of the measure.' Or 
 if there are other reasons of a public nature against the 
 passage of a bill, its second reading may be very properly 
 opposed." The principles which should guide the house 
 on the second reading of a private bill are thus clearly laid 
 down by the most eminent English authority of modern 
 times : 
 
 *'* The second reading coiTesponds with the same stage in other 
 l)ills, and in agreeing to it, the house affirms the genei-al princi- 
 ple, or expediency of the measure. There is, however, u distinr- 
 tion between the second reading of a public, and of a private bill, 
 which should not be overlook xl. A public bill being founded on 
 reasons of state policy, the house, in agreeing to its second read- 
 ing, accepts and affirms those reasons ; but the expediency of a 
 private bill, being mainly founded upon allegations of fact, which 
 have not yet been proved, the house, in agreeing to its second 
 reading, affirms the pi'inciple of the bill, conditionally, and sub- 
 ject to the proof of such allegations before the committee. Where 
 irrespective of such facts, the principle is objectionable, the house 
 Avill not consent to the second reading; but otherwise the expedi- 
 ency of the measure is usually left for the consideration of the 
 committee. This is the tirst occasion on which the bill is brought 
 before the house otherwise than pro forma , or in connection with 
 the standing orders ; and if the bill be opposed upon its pi-inciple 
 it is the proper time for attempting its defeat." ^ 
 
 "When the bill has been read a second time, the member 
 interested will move that it be referred in accordance with 
 the rules of the two houses : 
 
 Senate Rule 60. ^ 
 
 *' Every private bill, after its second reading, is referred to the 
 standing committee on private bills if appointed, or to some other 
 
 ^ Bridge over the river L'Assomption, 1875 ; Hans. 893-4. 
 
 2 Street K. R. Co. bill in E. Commons, 16th April, 1861 ; 162 E Hans. 
 (3), 641. 
 
 :' May, 799-SO. 
 
 * The rule of the Senate also contains a provision for reference of bills, 
 after first reading in case of a question of jurisdiction arising. See supra, 
 p. 607. 
 
 41 
 
642 PRIVATE BILLS. 
 
 committee of the same eJiaractcr; and all petitions before the 
 
 Senate, for or against the bill, are considered as referred to such 
 
 committee." 
 
 Commons'' Rule 59. 
 
 " Every private bill, when read a second time, is referred to the 
 standing committee chaj'ged with the consideration of such bills. 
 Bills relating to l>anks, insurance, trade and commerce to the 
 committee on banking and commei-ce ; bills relating to railways, 
 canals, telegraphs, canal and railway bridges, to the commit'ee 
 on railways, the bills not coming under these classes to the com- 
 mittee on miscellaneous private bills,' and all j^etitions for or 
 against the bills are considered as referred to such committee " 
 
 All the proceedings in the progress of a private bill 
 are carefully provided for in the standing orders, with the 
 view of informing all the parties interested. Under the 
 rules of the two houses a private bill register is kept in 
 one of the offices. A clerk enters regularly in this book 
 " the name, description, and place of residence of the par- 
 ties applying for the bill, or of their agent, and all the 
 proceedings thereon, from the x^etition to the passing of 
 the bill — such entry to specify briefly each proceeding in 
 the house or in any committee to which the bill or the 
 petition may be referred, and the day on which the com- 
 mittee is appointed to sit." This book is open to public 
 inspection daily during office hours." 
 
 Sometimes, when the house discovers that a bill has 
 been referred to the wrong committee, or that it can be 
 more conveniently considered by another committee, a 
 motion will be made to discharge the previous order of re- 
 ference, and send it to the proper committee." Sometimes 
 
 ' For instance, bills respecting bridges, not railway bridges, are referred 
 to the commitiee on private bills. Can. Com. J. (1S80), 100. But bills for 
 incorporation of navigation and steamship comjianies [76. (1867-8), 216 ; 
 Ih. (1873), 281; Ih. (1875), 153; lb. (1880-1) Acadia S. S. Co. ; lb. (1882), 
 71, 146], have been generally sent to banking and commerce committee. 
 
 - Sen. R. 62 ; Com. R. 70. 
 
 " Can. Com. J. (1877), 127 ; also (1880), 77 ; also (1882), 290. In case of 
 a new reference after the bill has been posted for a week, the terms of rule 
 
REFEmiEI) TO A COMMITTEE. 643 
 
 the committee will themselves report that it should be 
 so rcierred and a motion will be made accordiiigly.' In- 
 structions are sometimes given to committees with re- 
 ference to particular bills. In I8G0, tin; committee on 
 banking having under consideration a bill to rci^eal the 
 acts incorporating the Colonial and certain other banks, 
 that had forfeited their charters, made a report that they be 
 emi;)owered to extend their inquiries to any oth(^r banks that 
 might hd similarly situated ; and the house immediately 
 gave the necessary instructions.' If it should be necessary 
 to withdraw a bill after it has been referred, a motion 
 sliould be made lirst to discharge the order and then to 
 withdraw the bill.' 
 
 In the session of 1882, it was ascertained in the Senate 
 that a bill respecting the Quebec timber company, which 
 had passed the private bill committee, and was on the 
 order i^aper for the third reading, contained certain pro- 
 visions empowering them to borrow money and make 
 loans on the security of stock, deposit receipts, etc. The 
 order was thereupon discharged and the bill referred to 
 the committee on banking who made further amendments/ 
 
 Vn. Fees and Charges.— Under the rules, as amended in 
 1.876, all bills should be printed before the first reading, 
 in the two languages, at the expense of the promoters. 
 The rules provide for the printing expenses as follows : 
 
 "Any person seeking to obtain any private bill, giving any 
 exclusive privilege or profit, or private or corporate advantage, or for 
 
 <iO, providing' for such posting are consi(l(U'ed sufficiently complied with. 
 If the full week's notice, has not been given when a new reference is made, 
 then it will be necessary only to post it for the time recjuired to make uj) 
 a full week, ^'otos and P., 1875, p. 235 ; lb. 1832, p. 370. In the last case 
 tlie week's notice had long since been given, and hence there is no refer- 
 ence to bill at the end of the votes. 
 
 ' Niagara District Bank, 1863. 
 
 * Ass. Jour. (1863, August session), 102. See also, Ih. (1852-3), 290. 340 ; 
 //-. (1854-5), 177, 197, 229. 
 
 ' Can. Com. J. (1878) 60. 
 
 ' Sen. J. (1882), 178 ; Hans. 285-6. 
 
644 PRIVATE BILLS. 
 
 any amendment of any former act, shall be required to deposit with 
 the clerk of the house, eight days before the meeting of the same, 
 a copy of such bill in the English or French language — with a 
 sura sufficient to pay for translating and printing the same — 
 600 copies to be printed in English, and 200 copies to be printed 
 in French — the translation to be done by the officers of the house, 
 and the printing by the contractor." ' 
 
 The concluding part of the same rule provides for the 
 payment of a fee after the second reading : 
 
 " The applicant shall also be require<l to pay the accountant of 
 the house (or clerk of the Senate), a sura of two hundred dollars, 
 and the cost of printing the same for the statutes, and lodge the 
 receipt for the same with the clerk of the committee to which 
 such bill is referred — such payment to be made immediately after 
 the second reading, and before the consideration of the bill by 
 such comraittee." 
 
 Under the same rule " the fee payable on the second 
 reading of any private bill is paid only in the house in 
 which such bill originates, but the cost of printing the 
 same is paid in each house." 
 
 In case the bill is withdrawn- or otherwise fails to be- 
 come law, the fee of |200 is refunded, generally, and pro- 
 perly, on the recommendation of the committee on the 
 bill.^ Sometimes the committee will recommend that it 
 be refunded on other grounds : 
 
 " Because a bill has been rendered necessary by the action of 
 the general legislature.^ Because the necessity for its passage 
 arose frora no fault of the promoter, but from circumstances 
 
 * Sen. R. 59 ; Com. R. 58. The Senate rule omits the words in italics ; 
 but it is practically i.e is? me as that of the Commons. 
 
 '' Can. Com. J. (1876), 212 ; also (1880-1), 355. If the bill fail or be with- 
 arawn in the house, then the member will be allowed to move directly for 
 refunding of fees. Varmouth Dyking Co. bill, p. 181, Jour. 1879 ; ?Jso 
 (1880), 266. Preamble not proven vl880\ 299, 300 ; lb. (1880-1), 215 ; /'-. 
 (1882), 425. 
 
 3 Can. Com. J (1879), 224, 344 ; lb (1880), 99, &c. ; Ih. (1880-1), 215, *!ic.; 
 Ih. (1882), 297, &c. ; Sen. J. (1882), 171. 
 
 * Can. Com. J. (1870), 175. 
 
FEES. 64') 
 
 lieyond his control.' Because the committee have materiuU}' 
 diminished the powers asked for.- Because it is not liable to the 
 foe and charges levied on private hills.' Because it is a mere 
 amendment to the general act res])ecting banks and banking.* 
 Because a project is a great public benetit to a locality.'' Because 
 the promoters of the bill have agreed to accept the provisions of 
 a general act passed that session." Because it has to a great 
 extent been superseded bj^ the provisions of a public bill." 
 Because a bill has been consolidated with another, on which fees 
 are paid.*^ Because it is a mere amendment to a previous act.'' " 
 
 Sometimes the committee \Yill make no report at all on 
 a bill, and then the member interested may move that the 
 fees be refunded " inasmuch as the committee have not 
 reported on the same," or "it is impossible to obtain a 
 quorum." '" When a Commons' bill is lost or not proceeded 
 w^ith in the Senate, leave w^ill be given in the Commons 
 to refund the fees w^hich are alw^ays payable in the house 
 where the bill originates." When a bill is lost in the 
 house itself by an adverse motion, the fees are also gener- 
 ally refunded.'" The fees paid on a bill that had not be- 
 come law have been refunded in a subsequent session.'' 
 When it is not intended to go on with a bill, the regular 
 course is to move at the same time for leave to withdraw 
 it and to refund the fees.'^ It is also usual, though not 
 necessary, to add, " less the cost of printing and transla- 
 
 ' Can. Com. J. (1873), 212. 
 
 - Ih. (1874), 167. 
 
 •^ Geographical Society, 1879 ; Baptist Union, 1880 ; Sisters of Charity 
 in the N. W. T., 1882 ; Royal Society of Canada, 1883. 
 
 ' Can. Com. J. (1877), 93. 
 
 ^ Ih. (1877), 147 ; Ih. (1879), 425. 
 
 « 76. (1877), 245. 
 
 ' Ih. (1878), 148 ; Hans., April 5. 
 
 Uh. (1879), 324 ; Ih. (1880-1), 213. * ' 
 
 *•' Ih. (1883), 192. 
 
 '" Ih. (1875), 343 ; Ih. (1880), 280 (no quorum). 
 
 " Ih. (1874), 349 ; Ih. (1880-1), 334 ; Ih. (1882), 409. 
 
 '■'- Ih. (1877), 353. 
 
 1' lb. (1875), 170 ; Ih. (1882), 207 (bill lost in the Senate). 
 
 '' Ih. (1877), 245. 
 
64G PrdVATE BILLS. 
 
 tion " — the fee to bo refunded being the i$200 paid after 
 second reading. In 1882, at the end of the session, a bill 
 was deferred for three months on motion of the minnber in 
 charge, who was unwilling" to agree to amendments mad(t 
 by the Senate, and the fees were thereupon ordered to 
 be refunded.' 
 
 Vm. Committees on Private Bills.— Lists of the committees 
 to which private bills are referred under the rules" are 
 hung up in conspicuous i^arts of the houses for the infor- 
 mation of members and all interested parties. It is also 
 ordered : 
 
 " No committee on any pi'ivate bill originatiiii^ in this house 
 (in the Senate) of which notice is required to be given, is to con- 
 sider the same until after one week's notice of the sitting of such 
 committee has been first affixed in the lobl)y ; nor in the case of 
 any such bill originating in the Senate (House of Commons) until 
 after twenty-four houis like notice." (Com. R. 60, Sen. E. oi } 
 
 This rule is often suspended on the recommendation of 
 one or more of the committees charged with the considera- 
 tion of private bills. ' In a case of urgency it is suspended 
 on motion, especially in the case of Senate bills ; but only 
 when the session is drawing to a close, and there is no 
 opposition to the bill.' 
 
 Rule 60 of the Commons also provides : 
 
 '' On the day of the posting of any bill the clerk of the house 
 shall cause a notice of such posting to be appended to the printed 
 vot€8 and proceedings of the day." ' 
 
 And under a rule common to both houses : 
 
 " The clerk of the house shall cause lists of all private bills and 
 
 1 Can. Com. J. (1882), 511 ; Hans. 1571-2 (telegraph bill). 
 
 ■^ Supra, pp. 641-2. 
 
 =» Can. Com. J. (1874), 201, 203 ; Ih. (1880-1), 254 (S. 0. Com.) ; lb. (188r>) 
 221 ; Se.n. J. (18S0) 220 ; Deb. 456-7. 
 
 * Can. Com. -J. (1876), 231 ; Northern E. R. (1877), 267 ; Manitoba Junc- 
 tion R. E. (1877), 284 ; Senate bills (1878), 160. 
 
 ^ See V. & P. (1878), 101, 114, &c. 
 
rx COMMITTEE. r.47 
 
 petitions for .sucli bills upon 'vvhieh any comniitlct' is appointed 
 to sit, to bo preptirod daily by the clerk of the committet' to 
 which such bills iire refei-red, specifying the time of the meeting 
 and the room where the committee shall sit, and sliall cause the 
 same to be hung up in the lobby." (Sen. E. i^?i, Com. R. 71.) 
 
 The rules that govern all committees have been fully 
 explained in a previous chapter of this work.' 8ince the 
 session of ISGt-S the committees on private bills have had 
 the power to examine witnesses upon oath, to be adminis- 
 tered by the chairman, or any member of such committee." 
 
 The rules of the two houses order : — 
 
 "All questions before committees on private bills are decided 
 by a majority of voices, including the voice of the chairman, and 
 whenever the voices are equal the chairman has a second or 
 casting vote." (Sen. R (J5, Com. R. 62). 
 
 "When a committee has been regularly organized the 
 clerk will lay before it the different matters referred to 
 it, in the order of their consideration. Sometimes bills 
 will be deferred, or a day fixed for their consideration by 
 an arrangement between the parties interested. The com- 
 mittee may in such a case make the bill the first order of 
 the day, just as is done in the house itself in similar 
 matters. 
 
 All petitions for or against a bill are laid before the 
 committee, and the petitioners, either by themselves or by 
 their agents, will be present to promote their respective 
 interests. Petitioners may pray to be heard against the 
 preamble or clauses of the bill ; some against certain 
 clauses only ; others may ask the insertion of protective 
 clauses, or for compensation for damages which will arise 
 under the bill. Unless petitioners pray to be heard against 
 the preamble they w^ill not be entitled to be heard, nor to 
 cross-examine any of the witnesses of the promoters upon 
 the general case, nor otherwise to appear in the proceed- 
 
 ^ Chapter xvi. 
 
 ' 31 Vict., c. 24. See supra, p. 460. 
 
648 
 
 PRIVATE BILLS. 
 
 iugs of the committee until th«^ proamblc has been dis- 
 posed of. Nor will a general prayer against the ])reambl»' 
 entitle a petitioner to be heard against it. if his interest be 
 merely atiected by certain clauses of the bill.' If th<* 
 petition d gainst the bill is not sufli<'i<'ntly explicit the 
 committee may direct a more specific statement to be given 
 in writing, but limited to the grounds of objection which 
 had been inaccurately specified.' If cases arise where an 
 informal petition has been referred through inadvertency, 
 the committee will take cognizance of the matter, and 
 petitioners will not have the right to be heard on such 
 a petition. It is not regular to add anything to a petition, 
 in case a material part has been omitted by a mistake.' 
 Sometimes petitions relative to a bill under the considera- 
 tion of a committee will be received as soon as presented 
 in the house, so that they may go immediately before the 
 committee.' 
 
 It is ordered by the rule of the Senate and Commons : 
 
 " All persons whose interests or property may be attected by 
 any private bill shall, when required so to do, appear before the 
 standing committee touching their consent, or may send such 
 consent in writing, proof of which may be demanded by such 
 committee. And in every case the committee upon any bill for 
 incorporating a company may require proof that the persons 
 whose names appear in the bill as composing the company are of 
 full age and in a position to etfect the objects contemplated, and 
 have consented to become incorporated." (Sen. E. 64, Com. E. 61.) 
 
 On the day appointed for the consideration of a private 
 bill the parties interested will appear before the com- 
 mittee, and the chairman will first read the preamble, 
 which should be always first considered in a select com- 
 
 ^ May, 819. 
 
 -' May, 819 ; E. Com. S. 0. 128 ; Todd's Private Bill Practice, 73. 
 =* 83 E. Hans. (3), 487. 
 
 * Can. Com. J. (1876), Mail Printing Co., 171. lb. (1878), Ottawa Agricul- 
 tural Insurance Co., 28 March. 
 
IN COMMITTEE. 649 
 
 mitteo as well as in a cominittco of the whole.' The 
 preamble of a private bill sets forth the farts upon whi(^h 
 it is foiiiided ; and as these are the w^hole inducements for 
 its enactment, it is necessary that they should be fully 
 and truly stated and substantially proved and admitted. ■ 
 The preamble may sometimes be postponed for special 
 reasons, until after the consideration of certain details of 
 a bill, but this course is inexpedient and is very rarely 
 followed.'' Any petitions against the bill are then read 
 by the clerk, and an understanding arrived at with res- 
 pect to the course of procedure. The promoters or their 
 agents w ill first address the committee on the preamble ; 
 and then (if required) proceed to call witnesses, and exa- 
 mine them. At the conclusion of the evidence, w^hen the 
 counsel or agent for any petitioner rises to cross-examine a 
 witness or to address any ol)servations to the committee, 
 this is the proper time for taking objections to the locus 
 standi of such petitioner. Petitioners are said to have on 
 locus standi before a committee, when their property or in- 
 terests are not directly and specially affected by the bill, 
 or when, for other reasons, they are not entitled to opi^ose 
 it.* For instance, it is provided by a standing order of the 
 English Commons : 
 
 "Where a bill is promoted by an incorporated company, sliarc- 
 holders of such company shall not be heard against such bill, 
 unless their interests, as affected thereb}-, shall be distinct from 
 the general interests of such company." ' 
 
 Preference shareholders are excepted from this rule, 
 when it is shown that they have a special interest in the 
 
 ^ Grand Trunk arrangements' act, 1867-8, App. No. 3 ; Roj'al Canadian 
 Bank, 1869, App. No. 8. 
 
 - The reasons upon which a public statute is passed are not generally of 
 such a nature tliat tliey can be defined with perfect pre'jision,or enumer- 
 ated in full hence there may be reasons for the i^assing of a public act, 
 which are not given in the preamble. Gushing, I 2100. 
 
 ^ Todd, 76. 
 
 * May, 820. 
 
 ^Com.S. 0.131. 
 
1)50 
 
 PRIVATE niLLS. 
 
 bill.' In tho Lords a ilifFcTinit riilo has prevailed and 
 ^shar« 'holders who have dissented from th«; bill at the 
 meeting called in i)ursiian('0 oi' eertain orders of that 
 house, are expressly permitted to be heard, and have even 
 been heard without su<'h dissent.' 
 
 The English autliorities give very full details of the 
 various proceedings bcdbre rommittees on opposed private 
 bills. The reports of the committees of the Canadian 
 legislatures, on the other hand, have always been very 
 meagre, and it is impossible to maki^ iip any satisfactory 
 summary of their i)rocedure from the records of the two 
 houses. The following summary, chietly taken from Sir 
 Erskine May's exhaustive treatise, will probably be suf- 
 cient for general purposes :' 
 
 " When a petitioner has established his locus standi to the satis- 
 faction of the committee, he may proceed to address them either 
 by himself or by counsel. Or he may reserve his speech until 
 after the evidence. Witnesses may be called and examined 
 in support of the petitions; cross-examined by the counsel 
 for the bill, and re-examined by the counsel or the peti- 
 tionei's; but counsel can only be heard, and witnesses examined 
 on behalf of petitioriers, in relation to matters referred to 
 in tlieir petitions. xVs a general rule, each .vitness is to be 
 examined or cross-examined by the same counsel. Commit- 
 tees have also resolved that no counsel should be permitted 
 to cross-examine witnesses, who had not been present dur- 
 ing the examination-in-chief, nor to i o-examine them unless he 
 had been pi-esent during the cxamination-in-chief, nor to re- 
 examine them unless he had been present during the entire cross- 
 examination. When the evidence against the preamble is con- 
 ducted, the case of the petitioners is closed, unless an opening 
 speech should have been waived ; and the senior counsel for the 
 bill replies on the whole case. If the petitioners do not examine 
 witnesses, the counsel for the bill has no right to a reply ; but in 
 some special cases where new matters have been introduced by 
 
 ' May, 837. 
 
 '' May, 837, 881 ; Lord's S. O., Nos. 62-6G. 
 
 ■' 859 et scq. 
 
IN COMMITTEK. G5I 
 
 tho oppo8in«^ counsel (an foi- example, acts of Parliament, jn-e- 
 codents, or documents not pi'ovioiisly noticed) a reply strictly con- 
 fined to such matters has heen permitted. When the ari^ument-i 
 and evidence U]»on the preand)le have heen heai'd, the room is 
 cleared, and a question is put : "' That the preamble has heen 
 proved," which is i-esolved in the atlirmative or tho ne<;;ative, i\^ 
 the case may he. If the eomnuttee decide the foregoing «|Ucstion 
 in the alfirmativi', the parties are called in, and made ac(juainteil 
 with the decision, and tho clauses are then taken up one by one, 
 and dealt with just as in the case of committees of the whole on 
 public bills.' If petitions have been presented against a clause, the 
 parties will be heard for and against. Tolls and rates are now in- 
 serted regularly in the bill — the same being indicated by italics 
 as previously stated.- 
 
 AVheii any ameiulmeiits are made in a bill, or <lause.s 
 added, they mns^t be signed on the margin with the initials 
 of the chairman's name in accordance with the following 
 rule : 
 
 " The chairman of the committee shall sign with his name at 
 length, a printed copy of tho bill, on which the amendments are 
 fairly Avritten and shall also sign with the initials of his name, 
 the several amendments made and clauses added in committee ; 
 and another copy of the bill, with tho amendments written there- 
 on, shall be prepared by the clerk of the commit+ee, and filed in 
 the private bill office or attached to the report." (Sen. R. 69, 
 Com. E. QG.) 
 
 If the committee decide that the preamble has not been 
 proven, no further proceedings will be had in the com- 
 mittee on the bill, but the fact must be reported to the 
 house in conformity wdth the following rule : 
 
 " When the committee on any private bill report to tho house 
 that the preamble of such bill has not been proved to their satis- 
 faction, they must also state the grounds upon which they have 
 
 ' Grand Trunk Arrangements' Act [1867-8], App. No. 3. 
 
 * No previous resolution passetl in a committee of the whole as to rates, 
 tolls, or penalties, is now necessary under modern practice ; Todd's Private 
 Bill Practice, 88-9. Stipra, p. 525. 
 
Go 2 PRIVATE HILLS. 
 
 ni'i'ived at such a decision; ^ and no bill so i-eportcd upon shall be 
 placed on tlio orders of tlic day, uidess by special order of the 
 house." (Sen. R. 68 ; Com. R. 65.) 
 
 The committoe.s on private bills have reported against 
 bills on various grounds, as follows : 
 
 Because no sufficient evidence was offered in favour of the pre- 
 amble.'- Insufficient infoi'mation or antagonistic evidence,' No 
 pj'oof of tlie consent of the parties interested.' That the peti- 
 tioners against the measure ai-e as numerous as those in ite 
 favour or moi-e numeious.' That there is great difference of 
 opinion in the locality affected, as to the expediency of the mea- 
 sure." That legislative interference is not desirable or neces- 
 sary.^ That it would interfere with law suits pending," or with 
 existing rights.'' That the powers sought for would not advance 
 the interests of the locality.'*' That the bill asked for an extension 
 of the powers of a certain company to purposes entirely foreign 
 to its original charter^'. That it contained most unusual pro- 
 visions.'- That it was in the power of the executive government 
 to carry into effect the objects contemplated by the bill ; '^ or in 
 the power of the court of chancery to do so.'^ That the informa- 
 tion was insufficient as to the possible effect upon the navigation 
 of a navigable stream and upon private rights.^' Because it was 
 necessary to give certain bondholders abundant opportunity of 
 
 ' Can. Hans. [1880], 1685 (.Mr. Blake); Sen. J. [1880-81], 211 ; Hans. 
 p. 621. 
 
 - Gatien estate, 1857 ; La Banque Jacques Cartier [1878], 99. 
 
 •' Onslow survey, 18()2. 
 
 ^ Lennox and Addington separation, 1860 ; Russell estate, 1365. 
 
 ^ Stanbridge division, 1866 ; Be' in town limits, 1865. 
 
 '' Clifton division, 1866. 
 
 " Quebec stevedores' incorix»ra n, 1861 ; Montreal licensed victuallers, 
 1865 ; Tliunder Bay & Minneso^ ^. R. Co., 1882 ; St. Lawrence Bridge 
 and Manufacturing Co., 1883. 
 
 "■ Peterborough & Port Hope K. R., 1862. 
 
 ■' Etchemin bridge, 1862 ; Clifton suspension bridge, 1858. 
 
 '^ St. Lawrence and Bay Chaleurs land and lumber company, 1858. 
 
 ^' St. Clair and Rondeau plank road company, 1857. 
 
 1- Richelieu Co., 1862. 
 
 '•^ Bill to vest in certain persons a portion of Church street, London, 1862-3. 
 
 " Watson's Ayr mill dam, 1856. 
 
 ^'' Cordwood on river St. Francis, [1877], 245. 
 
 ^ 
 
IN COMMITTEE. 6'>3 
 
 considering the effect on their securities of the provisions of :t 
 bill.^ Becjiuse the provisions of a general act aft'orded sufficient 
 facilities to the promoters to obtain tlie powers asked for, and 
 consequently a special act of incorporation was unnecessary 
 without special reason.- 
 
 A committee will sometimes make changes in the pre- 
 amble, and in such a case they must also report the fact to 
 the house in conformity with the rule as follows : 
 
 "The committee to which a private bill is referred, shall report 
 the same to the house in every case; and when any material 
 alteration has been made in the preamble of the bill, such altera- 
 tion, and the j-easons for the same, are to be stated in the report.''' 
 (Sen. E. (J7, Com. E. G4.) 
 
 The committee may sometimes propose such alterations 
 in a bill that the promoters will abandon it rather than 
 accept the new provisions. For instance, in the case of 
 the Canadian Mutual Life Insurance, in 1868, the committee 
 were unwilling to recommend its passage — the principle 
 of mutual life insurance being then new to the country — 
 unless the promoters were prepared to provide a guarantee 
 capital with not less than $50,000 paid — a provision which 
 was not accepted by the parties interested.* 
 
 By a rule of the two houses, 
 
 " It is the duty of the select committee to which any private 
 bill may be referred by the house to call the attention of the house 
 specially to any provision inserted in any such bill that does not 
 appear to have been contemplated in the notice for the same, as 
 reported upon by the committee on standing orders." (Sen. E. 
 66, Com. E. 63.) 
 
 In case the committee do not so report, and a member 
 is of opinion that certain provisions of a bill are not con- 
 
 1 Canada Southern K. R. Co., (1876), 231. 
 -' Jour. (1880-1), 215. 
 
 ^ Grand Trunk arrangements [1867-8], App. No. 3 ; Labrador Co. [1873], 
 252; American Electric Light Co. [1882], 165 ; "VVilUams Manufacturing 
 Co. [1882], 257; Wesley an Methodist Society [1883], 176. 
 
 * Can. Com. J. (1867-8), 345. 
 
654 
 
 PRIVATE BILLS. 
 
 templated iu the notice for the same, he may raise a point 
 of order, and it Avill be for the speaker to decide. In the 
 case of a bill to amend the acts incorporating the Grreat 
 "Western H.Jl. Company, it was decided that the bill should 
 be referred to the committee on standing orders to report 
 as to the matter in doubt. That committee subsequently 
 reported favourably on the bill.' In such a case it is the 
 more regular course to discharge the order for considera- 
 tion in committee of the whole, and then refer the bill to 
 the committee on standing orders. 
 
 The committee on a bill have no authority to make any 
 amendments therein which may involve an infraction of 
 the standing orders, or which may affect the interests of 
 the parties interested, without due notice having been 
 given to the same.' The committee have sometimes, with 
 the consent of the parties, made very material alterations 
 in a bill, and in all such cases they will report the fact to 
 the house. For instance, in 1868, the committee on m.is- 
 cellaneous private bills had under consideration a bill to 
 authorize the Niagara Falls Gras Company to extend its 
 works for the purpose of lighting the town of Clifton ; and 
 when they found that the Company was composed of 
 Americans and could not be re-incorporated in Canada, 
 they so amended the bill as to accomplish the object aimed 
 at through the instrumentality of a Canadian company.' 
 The committee have also frequently struck out certain 
 provisions which have been contained in a public bill 
 before the house, so as to leave certain societies, applying 
 for private bills, to the operation of the said bill should it 
 become law.* In other cases, when the committee have 
 considered an amendment of the general law preferable to 
 the passage of certain private bills, they have occasionally 
 
 » Can. Com. J. (1870), IIG, 119. 
 '' Frere, p. 64 ; Todd's Private Bills, 91. 
 
 ^ Can. Com. J. [1867-8], 212. The committee on standing orders had 
 previously recommended a suspension of the rule resi)ecting notice, p. 177. 
 * Building and savings' societies (1874), 307, 335. 
 
 1 
 
AMEXDMENTS IN COMMITTEE. 655 
 
 made a special report to that effect, and postponed the 
 consideration of the bills to which it had reference to 
 enable the house to take action in the matter ;" or they 
 have expunged certain provisions, and recommended an 
 amendment of the general law in these respects. - 
 
 It should be always remembered that the amendments 
 made to a priA'ate bill by a committee ought not to be so 
 extensive as to constitute a different bill from that which 
 has been read a second time. A committee in the English 
 Commons may not admit clauses or amendments which 
 are not within the order of leave, or which are not 
 authorized by a previous compliance with the standing- 
 orders applicable to them, unless the parties have received 
 permission from the house to introduce certain provisions 
 in accordance with petitions for additional provision. If 
 the committee are of opinion that such provisions should 
 bi? inserted, the further consideration of the l)ill will be 
 postponed, in order to give the parties time to petition the 
 house for additional provision. When a bill comes from 
 a committee with extensive amendments affecting private 
 rights and interests, it is the practice now in the English 
 house to refer the bill as amended to the examiner to 
 inquire w^hether the amendments involve any infraction 
 of the standing orders. If he reports there is no infraction, 
 the bill proceeds without interruption ; but if he reports 
 there has been an infraction, then his report together 
 with the bill goes to the standing orders committee.^ It 
 will be seen from a Canadian precedent on a previous 
 page that an analogous practice has obtained in the house, 
 and in the absence of an examiner a bill has been referred 
 at once to the standing orders committee.^ 
 
 In the session of 1883, some important amendments 
 
 ' Mining companies bills, 1854-5 ; .Toliette incorporation, 1803. 
 - De Lery gold mining company, 1865 ; Quebec corporation, 1865. 
 ■' May, 871 ; 105 E. Com. J. 446,' 481, 485 ; 108 lb. 557 ; 230 E. Hans. (3) 
 1679-80. 
 * Supra, p. 654. 
 
G56 PRIVATE BILLS. 
 
 made by the Senate to the Credit Valley railway bill were 
 referred on its return, in accordance with the rule govern- 
 ing such cases/ to the committee on railways, who, very 
 properly made a report, calling attention to the fact that 
 '• no mention of the new provisions was contained in the 
 notice, or in the petition for the said bill." The house, 
 however, agreed to the amendments, though a m».tion 
 was proposed to disagree to them for th*^ reasons, among 
 others, that no notice had been given of any intention to 
 apply to Parliament for thj legislation contained in the 
 amendments, and that in the absence of petition and notice, 
 it was not expedient to sanction su.ch legislation." Under 
 English practice such important amendments would have 
 been submitted to the scrutiny of the examiners and stand- 
 ing orders committee, and only allowed to pass on their 
 favourable report. There can be no doubt that this prac- 
 tice is in the interest of safe legislation. 
 
 In case it is deemed inexpedient to proceed with a bill, 
 a motion may be made to that effect on the question for 
 adopting the preamble, and if it should be so decided, the 
 committee will report accordingly.^ Sometimes a com- 
 mittee, in cases of doubt, have asked instructions from the 
 house as to the course they should take with reference to 
 the bill before them.^ When the committee have found it 
 advisable to alter the title of the bill they will report the 
 fact to the house f and it will be amended in the motion 
 for the final passage.^ It will frequently be necessary for 
 the committee to order that the bill be reprinted, as 
 amended, and this is done at the expense of the promoters.' 
 If a committee find that a bill should more properly, or 
 
 ^ Infra, p. 668. 
 
 2 Can. Com. J. [1883], 317, 326 ; Sen. J. 187. 
 
 '^ Detroit River Bridge and Tunnel Co., 1869, App. No. 4. 
 
 ♦ Civil Service Building Society (1867-8), 60. 
 
 * Can. Com. J. (1874), 240, 262 ; lb. (1883), 172, 214. 
 « Infra, p. 663. 
 
 ^ Can. Com. J. (1877), 136. The bills are invariably reprinted in the 
 Imperial Parliament before consideration by the house. 
 
IN COMMITTEE. 657 
 
 would more conveniently be considered by another com- 
 mittee, they will make a recommendation to that effect, 
 and it will be so referred.' If the committee are of opinion 
 that +he bill falls under that class which requires the con- 
 sent of the governor-general before it becomes law, they 
 will report the fact to the house ; and the consent will be 
 signified by the premier at a future stage of the proceedings.^ 
 In the session of 1883,' the House of Commons passed 
 the following resolution, and made it a standing order, 
 with the view of facilitating the work of the committees on 
 private bills, and preventing, as far as possible, any depar- 
 ture, without the knowledge of the committees, from the 
 principles of the general acts which may apply to acts of 
 incorporation : 
 
 " All private bills for acts of incorporation shall be so framed 
 as to incorporate by I'eference the clauses of the general acts 
 relating to the details to be provided for by such bills ; — special 
 grounds shall be established for any proposed departure from this 
 principle, or for the introduction of other provisions as to such 
 details, and a note shall be appended to the bill indicating the 
 provisions thereof, in which the general act is proposed to be 
 departed from ; — bills which are not framed in accordance with 
 this rule, shall be re-cast by the promoters, and reprinted at their 
 expense, before any committee passes upon the clauses.'" 
 
 The proceedings of the committees on private bills 
 should be entered regularly by the clerk in a book kept for 
 that purpose. As a rule, the evidence and proceedings are 
 not reported in full to the house ; but the committee con- 
 fine themselves to giving the result of their deliberations. 
 In important cases, however, they have reported their 
 proceedings in extenso, and then it is the regular course for 
 the committee to agree to a formal motion that they be so 
 reported.* 
 
 1 Can. Com. J. (1875), 246, 247. 
 
 2 Northern E. R. (1871), 135, 160 ; supra, p. 473. 
 
 ^ Res. of 20th April ; Hans. p. 741. (Sir H. Langevin). 
 * First report of railway committee (1867-8) App. No. 3 ; banking and 
 commerce [1869], App. No. 8 ; railways (1869), App. No. 4. 
 
 42 
 
658 rmVATE BILLS. 
 
 IX. Reports of Committees.— By the rule previously cited' 
 the committee to which a bill may have been referred, 
 " shall report the same to the house in every case " ; and 
 when it is decided not to go on with the bill, it is proper 
 to move in the house for its withdrawal.' In case the 
 committee do not report with reference to a bill, the house 
 should take cognizance of the matter. " It is the duty of 
 every committee to report to the house the bill that has 
 been committed to them," says the best English authority,' 
 " and not by long adjournments, or by an informal discon- 
 tinuance of their sittings to withhold from the house the 
 result of their proceedings. If any attempt of this nature 
 be made to defeat a bill, the house will interfere to prevent 
 it." Sometimes, under such circumstances, a committee 
 will be " ordered to meet " on a certain day, " to proceed 
 with the bill."' When a committee cannot meet for want 
 of a quorum, the attention of the house may be called to 
 the fact, and its interposition invoked. In such a case, the 
 house will order : " That the committee be revived and 
 that leave be given to sit and proceed on a certain day."' 
 Or the house may order, "That the committee have leave 
 
 to sit and proceed with members," in case there is no 
 
 likelihood of obtaining a quorum.*' In the legislative 
 assembly of Canada, 1863, a member complained to the 
 house that one of the standing committees had not met for 
 some time, and would not assemble for several days to come, 
 and requested that the house would order the committee 
 to meet. The speaker said with respect to this point that 
 " the house could instruct the committee to meet, and it 
 was not necessary that the member who desired the meet- 
 ing should give notice of a motion ;" and the subject then 
 
 ^ Supra, p. 053. 
 
 - Can. Com. J. (1877), 169, &c. ; lb. (1883), 205, 21-5. 
 
 •' May, 860. 
 
 ' 80 E. Com. J. 474 ; 91 lb. 195. 
 
 ^ 105 E. Com. J. 201. 
 
 •^ 128 E. Com. J. 133. 
 
RKl'ORTS. 659 
 
 •dropped.' In the session oi" the House of Commons of 
 18t7, a bill respecting the Albert Railway Company came 
 up from the Senate with amendments and was referred 
 to the committee on railways in accordance w*ith the 
 rules in such cases,- As it wab then near the end of 
 the session, there was a difficulty in obtaining a quorum 
 of the committee, and the bill was not reported. The 
 member in charge of the bill moved that the; order of refer- 
 ence be dis(^harged, and that the amendments made by the 
 Senate to the bill be considered. The speaker decided that 
 no notice was required of such a motion ; and the bill was 
 then taken up, and its further consideration deferred for 
 three months — several members having strong objections 
 to its passage.' Bills have also been referred back for 
 reconsideration.' 
 
 Towards the end of the session, or in case of the pro- 
 ceedings of the house being interrupted by adjournments 
 over holidays, the time for receiving reports on private 
 bills is frequently extended on motion ; but the mori^ 
 regular course is for a committee to make a formal recom- 
 mendation in the first i)lace.' The time is, as a rule, 
 practically extended to the end of the session ;'' for the 
 house will give every opportunity to their committees) 
 to consider fully the details of bills submitted to them. 
 The object of the rules with reference to thepresentation 
 of petitions and bills is to force outside parties to apply 
 for legislation at the earliest possible time after the 
 assemblin**- of Parliament. 
 
 o 
 
 X. Committee of the Whole.— In the Senate, private bills 
 are not considered in committee of the whole — their prac- 
 
 ^ Speak, p. D. 70. 
 
 - Infra, p. 668. 
 
 ^ Can. Com. J. (1877), 343, 350 ; Can. Hans. April 27, 1877. 
 
 ' Can. Com. J. (1880), 252, 265. 
 
 * Ih. (1877), 38, 42, 44, 198, 237 ; Sen. J. (1882), 144. 
 
 * Can. Com. J., (1879), 155 ; Ih. (1883), 214, 235, 249, 282. 
 
660 
 
 PRIVATE BILLS. 
 
 tii'e in this respect being similar to that of the English 
 houses — hut when a select committee reports a bill with 
 amendments, these are considered as if they came from 
 committee of the whole, an^l when they have been agreed 
 to the bill is appointed r a third reading.' On considera- 
 tion of a bill as amended, it may he further amended as 
 in case of a bill rt»ported from committee of the whole/ 
 When a bill is reported without amendment, it is usually 
 read a third time and i:)assed forthwith. ' 
 
 When a bill is reported to the House of Commons, witli 
 or without amendments, it is ordered by rule 65 to l)e 
 " placed upon the orders of the day following the recep- 
 tion of the report, for consideration in committee of th*^ 
 whole, in its proper order, next after bills referred to a 
 committee of the whole." ' Towards the end of the ses- 
 sion, it is not unusual to place bills reported from select 
 committees immediately on the orders of the same day, 
 but this can be done only by general assent. 
 
 Whenever a committee reports unfavourably on the pre- 
 amble of a bill, it has no place on the order paper in either 
 house."' Of course it is always open to the house to refer 
 a bill back to a committee for further consideration, 
 especially if the reasons given for not proceeding with it 
 appear insufficient to the house.*^ Or the house may give 
 instructions to the (committee to strike out certain provi- 
 sions and report the same as amended.' 
 
 » Sen. J. [1878], 213-14 ; Ih. [1883], 210, 222, &c. When the report of 
 the committee has been received, it is moved and agreed that the amend- 
 ments be taken into consideration, generally on another day. 
 
 '' Ih. [1876], 190, 193, 197 ; Ih. [1877], 116. 
 ' Ih. (1883), 140, 145, 179, &c. 
 
 * Can. Com. J. (1877), 188 ; Ih. (1879), 344. Tlie practice of the Senate 
 is different, as shown above. 
 
 * Supra, p. 651. 
 
 « 91 E. Com. J. (S. W. Durham R. R.), 396 ; 116 Ih. (Midland & Denbigli 
 Junction R. R.), 2So; 129 lb. (Midland & N. E. R. R.), 217, 225; Peter- 
 borough & Port Hope R. R., 1862, Can. Leg. Ass. 
 
 ' RicheUeu Co., 1862 ; 129 E. Com. J. (Bolton Le Sands, &c.), 174. 
 
COMMITTKE OF THE ]yiTOLE. 661 
 
 It has bf'on decided in the English Commons : 
 
 '■ When a committee have i-esolvcd that tlie jtreamhle of a pri- 
 vate bill has not been proved, and ordered liie (diairraan to report, 
 it is not eom[)etent for them to reconsider and reverse their deci- 
 sion, but that the bill should be re-committed for that purpose.'" 
 
 But it will be only in a very exeeptional case that the 
 house will depart from the general principle that guides 
 them in the consideration of private bills, and that is, of in- 
 terfering as little as possible with the decision of a commit- 
 tee which has had abundant opportunity of considering 
 the whole question. 
 
 It is very rarely that the (^ommittee of the whole on a 
 private bill will interfere wath the bill, as it comes from 
 a select committee." The bill, as amended in a select 
 committee, is not reported from committee of the whole 
 with amendments ; that is only done, when it is actually 
 amended in committee of the whole,^or when the bill has 
 come from the Senate, as in the latter case, it is necessary 
 to send the amendments for concurrence to the upper 
 chamber.' Such am.endments must be read a second time 
 and concurred in, as in the case of public bills.' But the 
 right of a committee of the whole to make any important 
 amendment is limited by the following rule : 
 
 " No important amendment may be proposed to any private 
 bill, in a committee of the -whole house, or at the third reading of 
 the bill, unless one day's notice ot the same shall have been 
 given."" (Sen. E. YO ; Com. E. 67). 
 
 It is the correct course, in all cases where it is necessary 
 to make material amendments, to refer the bill back to the 
 select committee, to w^hich it had been previously sent, 
 
 1 May, 862-3 ; Shrewsbury & Welchpool R. R. bill, 1858. 
 
 '' Todd's Private Bill P., 102-3. 
 
 '' Can. Com. J. (1877), Springhill & Parrsborough R. R. 122. 
 
 * lb. (1878), Fishwick's Express Co., 160. 
 ^ Supra, p. 547. 
 
 * V. & P. (1878), 160, 178 ; Sen. Deb. (1878), 460. 
 
6(12 
 
 I'UIVATK HILLS. 
 
 instead of con.si(l«*rim^ tho proposed chanires in eommiiiee 
 of the \vhol<\' 
 
 In the chapter on ]>ublic liills, the rules in committees 
 of the whoh' and on ilie third readini^' are fully exj)lained, 
 and as ihese apply to private l)ills — except when? there i& 
 a standing" order on any particular point, — it is not neces- 
 sary to recapitulate them here. But there is om? point to 
 which reieren<*e may be made, and that is, in case it is 
 necessary to make certain provisions in a private bill 
 affecting" the public revenues or expenditures, those provi- 
 sions must be ilrst introdiiced in the shap*' of resolutions 
 with the consent of the g;overnment, and when these have 
 been passed in committee of the whole and agreed to by 
 the house, they must bt» referred to the committei; of the 
 whole on the bill/' 
 
 XI- Third Reading.— On the third reading in the Commons 
 no amendment may be made except of a verbal nature ; 
 and if it is wished to make any material change the bill 
 must be referred back to committee of the whole. Under 
 the rule previously cited, a day's notice must be given of 
 any important amendment at this stage.' A bill may, 
 however, be amended in the Senate on the third reading 
 after notice.^ In accordance with English practice, the 
 consent of the governor-general may now be signified in 
 the case of a bill affecting the interests of the crown ; but 
 in the Canadian Commons this consent is given most fre- 
 quently at the second reading.'' The member in charge 
 of the bill will move : " That the bill be now read a third 
 
 ^ Can. Com. J. (1877), 149,178 (Springhill and Parrsborough, and Picker- 
 ing harbour bills.] 
 
 ■^ Leg. Ass. J. 1866 ; Com. J. 1867-8 ; Canada Vine Growers' Association. 
 In thi6 case parliament extended the period mentioned in an act of the 
 old legislature of Canada, exempting the association from excise and 
 other duties. 
 
 ^ Supra, p. 661. 
 
 ♦ Sen. J. (1882), 277 ; lb. (1883), 205. See mpra, p. 661. 
 
 ^ Supra, p. 473. 
 
TIimD READING. 0G3 
 
 timo " ; and whon that motion has boon aj^rood to, tho 
 fmal motion will })o made, "That the bill do i)ass, andtliat 
 the title 1)0, ou'.'" ; and now is tho usual tim»^ to amend 
 the title.' Sonietimos on the motion for the third readini^- 
 a bill will be again referred to a select committee ibr the 
 purpose of iurther considering it." 
 
 It sometimes happens at th(^ end of the session tliat 
 there may \n^ urgent necessity to pass a private bill 
 through all its stagtvs, without reference to the usual com- 
 mittees, and in such a case th(^ first motion must be 
 to suspend the rules — the house being always ready to 
 acquiesce when the circumstances are such as to justify 
 such a procedure.'^ 
 
 » Can. Com. J. (187(i), Trust Co. of Canada- 
 
 •■' Sprin.<,'liill & Parrsborough Co. Com. Hans. (1877), 813-4. The ground 
 was taken that tlio allegation made in this bill, that the work wais for the 
 general advantage of Canada, was not strictly true. 
 
 •^ P. E. Island P.ank, Com. Jour. (1882), GG ; Hans. p. 72. Ontario Bank, 
 3882, Votes and Proceedings, p. 573. Son. J. [1883], 270 (Railway Trust 
 and Conetruction bill); Sen. Hans., p. 595. 
 
CHAPTER XXI. 
 
 PRIVA TK JULLK—Courhi,h,l. 
 
 I. Private Bills in tlio Sonato.— Bills impoHiiif; rates and tolls. — IT. Bills 
 not based on a jx^tition in tin* Senate and ("onimnns. — III. Amendment^ 
 made by eitlu^r !iou6e. — IV. Divorce Bills — Publication of notice; pre- 
 sentation of jM'tition ; service of notice; exenipliticatioJi of proceedings 
 in courts; first reading of bill ; cost of p.rinting; second reading; com- 
 mittee i)roceodings; reiHDrt. — V. Divorce bills in tbe Cbmmons. 
 
 I. Private bills in the Senate imposing Rates and Tolls— Private 
 bills, which impose rates and tolls, may be introduced in 
 the Senate and accepted by the House of Commons, in 
 conformity with the standing order of the English House 
 to the efiect that it " will not insist on its privileges with 
 respect to any clauses in private bills sent down from the 
 House of Lords which refer to tolls and charges for ser- 
 vices performed, and w^hich are not in the nature of a tax, 
 or which refer to rates assessed, and levied by local 
 authorities for local purposes.'" For instance, a bill 
 respecting the Kincardine harbour was sent up from the 
 Commons in 187^, but it transpired that the schedule of 
 tolls had not been added in the private bill corAmittee of 
 the lower house. The schedule was thereupon quite 
 regularly added in the Senate and agreed to by the 
 Commons.' 
 
 1 S.O. No. 226 ; May, 758. Supra, p. 515. 
 
 '^ Sen. Deb. [1877], 300. It was first suggested in the Senate to send the 
 bill back to the Commons, but the fact was overlooked that the latter 
 could not amend their own bill, but were limited to consequential amend- 
 ments. See also debate on the marine electric telegraph bill [1875], 
 422-3. Also, 35 Vict., c. 1, s. 5, Dom. Stat. 
 
yOT IlASKl) (K\ I'KTITIOS. 005 
 
 II. Bills not based on Petitions.— When a private l)ill is 
 brought IVom tho (Vnmiums it is at oiux» read ;» lirsi tinu» 
 without anu'iidimMit and dt'l)at(', and ordered Tor a second 
 readinii' on a lulure day.' li' tin; member in chariic of the 
 bill is absent, and no motion is consequent ly made I'or the 
 second reading, ho must take the lirst op))ortunity he lias 
 lor placing it on the orders." If no petition has been 
 l)resented to the Senate and rejiorted \\\^o\\ hy the com- 
 mittee on standing orders, it must go Ixdore the second 
 reading to that committee in accordance with the follow- 
 ing rule, common to both houses : 
 
 56. "All ))rivato bills fi-om the Houso of Commons (not hoing 
 based on a petition which has ah-eady boon so i-eported on by the 
 committee) shall bo tirst taken into considei-ation and reported 
 on by the said committee in like mannei-, Jiftcr tlio tinst roadln<;- 
 of such bills, and before thoir consideration by any othoi" stand- 
 ing committee." 
 
 In 18S1 the Acadia Steamship ('omi)any Bill was re- 
 ferred under such circumstances to the committee on 
 standing orders, who recommended the suspension of 
 rule ol on the ground that no ])rivate rights would be 
 interfered with, and the undertaking would probably be 
 a public benelit.' 
 
 In 1883 the Winnipeg and Hudson's Bay Railway and 
 Steamship Company Bill was so referred, and the com- 
 mittee reported in favour of the suspension of the rule, 
 because the necessity for legislation had only lately arisen 
 and it would be competent for the committee to whom 
 the bill would be referred to provide that no injury to 
 any party should arise therefrom.' 
 
 In sr 'h cases the proper practice is first to move the 
 suspension of the rule in accordance with the report, and. 
 
 1 Sen. J. [1881], 195, etc. 
 - Supra, p. 257. 
 ^ Sen. J. [1880-81], 223, 227. 
 
 ^ Sen. J. [1883] 181, 188. Also, Euroi)ean, Amerii-an and Asiatic Cable 
 Co., p. 232. 
 
QGQ rP.lVATE BILLS. 
 
 when that is agrocd to, to moYo the second reading of the 
 bill so that it may ^o on the orders. In the first m<'n- 
 tioned ease, however, the motion for the second reading- 
 appears to have been made after the first readin.i]^ and 
 before the bill was consid<'red by the standing ord<*rs 
 committee. But it seems hardly regular to order the 
 second reading before the committee report whether or 
 not the rule with respect to notice should be suspended 
 and the ])ill proceeded witli. The pro(^edure in the Com- 
 mons, under the same rule, is to move the second reading 
 after the report, if favourable, of the standing orders com- 
 mittee.' And in all the other cases that occurred in the 
 Senate in I880, the same practice was followed. 
 
 In the cas(* of a bill in 1883 to authorize the Grrand 
 Trunk Railway Company to extend its traffic arrange- 
 ments with the North Shore Tiailway Company, the com- 
 mittee on standing orders reported adversely, without 
 giving any reason except that no notice had been pub- 
 lished in the " G-azette." or in any local newspaper. 
 Thereupon, notice was given of a motion to suspend the 
 rules (51, 50 and 5Y), so far as they related to the bill ; and 
 this motion having been agreed to, the bill was placed on 
 the orders for a second reading on a following day. This 
 ease shows that the motion for the second reading should 
 properly follow the report of the committee.' 
 
 In the case of the " act to incorporate the board of man- 
 agement of the church and manse building fund of the 
 Presbyterian Church in Canada, for Manitoba and the 
 Northwest," no petition was presented in 1883 in the 
 
 ' Infra, p. 607. It will also be seen that in the Senate in 1883, — liut 
 not in previous cases — a motion for the reference to the standing orders 
 committee was made after the first reading. The rule seems to provide 
 for a reference, as a matter of course, without a motion ; and it is under- 
 stood as imperative in the Commons. But it is immaterial evidently 
 whether the motion is made or not. 
 
 •^ Sen. J. [1883] 208, 210, 221, etc. ; Min. of P., p. 359. Notice to suspend 
 the rules in pursuance of rule 18 ; supra, p. 215. For rule 51, see p. 627 j 
 rule 50, p. 038 ; 57, p. 038. 
 
XOT BASED 0\ PETITIOX. 067 
 
 Senate, but no difR(^ulty arose because the r<^gnlar notices 
 required by the rules had been given/ The eominittee's 
 report to this effect was adopted, and the bill was ordered 
 at once, by motion, for a second reading on a future day. 
 
 As a rule, however, petitions for private bills are simul- 
 taneously presented and reported iipon in both houses ; 
 and in this way the progress of a bill is facilitated. It is 
 only in exceptional cases like those just mentioned, that 
 a petition is presented in one house and not in the other. 
 
 When any bill is brought down co the Commons from 
 the Senate, the member interested will move, " That it be 
 now read a first time," and this motion must be put with- 
 out amendment or debate, as in the case of any public 
 bill.- The bill must then be referred to the committee on 
 standing orders, if that committee has not previously re- 
 ported on a petition relative thereto, in accordance with 
 rule 54, which is exactly the same as rule 56 of the Senate, 
 cited on a previous page. If the standing orders commit- 
 tee report favourably, a motion will immediately be made 
 for the second reading on a future day, as the rules of the 
 Commons do not contain any provision for placing a bill 
 on the orders after such report.^ If the report is unfa- 
 vourable the member may move (after notice) to suspend 
 the standing orders relative thereto, and to have the bill 
 read a second time ; but in the onlv case of the kind that 
 has occurred since 1867, the house refused to interfere 
 with the decision of the committee.* If there is a petition 
 favourably reported on by the standing orders committee 
 of the House of Commons, the bill can be immediately 
 ordered for a second reading after the first reading.'* Very 
 few cases occur of bills being presented without petitions 
 having been first reported upon. 
 
 » Sen. J. [1883] 145. 
 
 * Can. Com. .7. [1883] 141. 
 
 ^Can. Com. J. [1878] 98,109. For cases in legislative assembly, see 
 Toronto Boys' Home, 18G1 ; Huron College, 1803. 
 
 * lb. [1877] 313, 335. 
 
 ^ lb. [1877] 54, 62, 131-2 {Globe Printing Co.'s bill), etc. 
 
668 PRIVATE BILLS. 
 
 m. Amendments made by either House— When a bill is re- 
 turned from one house to the other with amendments, 
 they are generally considered forthwith if they are merely 
 verbal and not important.' The course with respect to 
 amendments that are material is variable in the Senate ; 
 but ordinarily they are ordered to be taken into consider- 
 ation on a future day ; or immediately at the close of the 
 session. Rule 68 of the Commons and rule tl of the 
 Senate, however, provide a different course in the case of 
 material amendments to a private bill : 
 
 " When any private bill is returned from the Senate (or House 
 of Commons) with amendments, the same not being merely verbal 
 or unimportant, such amendments are, previous to their second 
 reading, referred to the standing committee to which such bill 
 was orginally referred,- (or, by the Senate rule, to a committee 
 of the whole.") ' 
 
 If the committee report favourably the amendments will 
 be immediately read a second time and agreed to, and re- 
 turned with the usual message. If the committee report 
 that the amendments should be disagreed to for certain 
 reasons, the house will consider the amendments forth- 
 with, and having read them a second time will disagree to 
 those on which the committee have reported unfavourably 
 for the reasons set forth in their report.^ The house will 
 then either " insist " or " not insist " on their amendments 
 when the message is received that the other house disa- 
 grees to them.'' The proceedings in all such cases are fully 
 explained in the chapter devoted to public bills. 
 
 IV. Divorce Bills.-The British North America Act of 186^ 
 (s. 91, sub. s. 26), places Marriage and Divorce within the 
 
 > Sen. J. [1877] 152. Com. J. [1878] 120. 
 
 - 76. [1883] 308 (AVesleyan Missionary Society l)ill). 
 
 •' This rule is practically a dead letter as far as the Senate is concerned. 
 
 * London & Ontario Investment Co. [1877], 246, 262 ; Wesleyan Mis- 
 sionary Society [1883] 317, 326. 
 
 * Can. Com. J. [1877] 289, 298 ; Sen. J. 269, 282 (Union Life & Accident 
 Assurance Co.] 
 
DIVORCE BILLS. 
 
 660 
 
 exclusive legislative jurisdiction of the Parliament of 
 Canada. In conformity with the practice of the legislature 
 of Canada from 1840 to 186t, all such bills are initiated in 
 the upper house of Parliament. The orders and practice 
 of the Senate with respect to the prosecution of such bills 
 will form the subject-matter of the rest of this chapter. 
 
 Publuation of Notice. 
 
 An applicant for a bill of divorce is required to give a 
 certain notice of his proposed application to Parliament 
 in accordance with the following rule : 
 
 72. "Every applicant for a bill of divorce is required to give 
 notice of his intended application and to specify from whom and 
 for what cause, by advertisement during six months in the Canada 
 Gazette, and in two newspapers published in the district, in Que- 
 bec and Manitoba, or in the county or union of counties in the 
 other provinces, where such applicant usually resided at the time 
 of separation, or if the requisite numbers of papers cannot be 
 found therein, then in the adjoining district or county or union of 
 counties. The notice for the provinces of (Quebec and Manitoba 
 i3 to be published in the English and French languages." 
 
 Presentation of Petition. 
 
 The first proceeding in the Senate is the presentation of 
 a petition from the person seeking the bill of divorce.^ This 
 petition must be in the form provided for all applications 
 for personal and private bills, and subject to all the rules 
 regulating such matters. Immediately after the presenta- 
 tion of the petition, the certificate of the clerk that the fees 
 have been paid, should be laid before the Senate in accord- 
 ance with the following rule : 
 
 83. Every applicant for a bill of divorce, at the time of pre- 
 senting the petition, is to pay into the hands of the clerk of the 
 Senate, a sum of $200, to cover the expenses which may be 
 incui-red by the Senate during the progress of the bill.^ 
 
 > Sen. J. [1877] 35, 37, 42; Ih. [1882] 38 ; 37 ; Ih. [1883] 37. 
 2 Ih. [1877] 36, 43 ; 76. [1883] 38. 
 
<j10 private bills. 
 
 This certificate, which should be presented by the 
 speaker like other returns, has sometimes been laid before 
 the house after the reading of the order for reception of the 
 petition ;' but the more regular and usual course is to pro- 
 duce it on the day of the presentation of the petition. 
 
 Service of Noliv.e. 
 
 When the petition has been before the house for two 
 days, like all other petitions, it is brought up for reading 
 and reception. The order having been called, the first 
 proceeding will be to submit proof of the service of the 
 notice of the application for the divorce. Rule 73 until 
 the session of 1883 provided : 
 
 73. "A copy of the notice in wi-iting is to be served, at the 
 instance of the applicant, on the person from whom the divorce is 
 sought, if the residence of such person can be ascertained ; and 
 proof on oath of such service, or of the attempts made to effect 
 it, to the satisfaction of the Senate, is to be adduced before the 
 Senate, on the reading of the petition." 
 
 The Senator in charge of the petition, must produce the 
 notice and give proof of the service. The journals of the 
 house show that this proof has been given sometimes on 
 oath at the bar," but generally by the production of an 
 affidavit made before a justice of the peace,^ or a commis- 
 sioner of one of the courts.^ The regularity of such affida- 
 vits was ncA'er questioned until the session of 1883, when, 
 in accordance with the practice usual in such cases, there 
 was laid before the house an affidavit sworn before a " com- 
 
 ' Sen. J. [1882] 50-51. 
 
 - Ih. [1876] 33 ; Ih. [1877] 46-47. 
 
 •' Ih. [1876] 33 ; Ih. [1878] 40. 
 
 * Ih. [1877] 47, 53 ; Ih. [1878] 35, 74. In 1882, two affidavits were pre- 
 sented ; one to show that the notice had been served on the respondent a 
 year before, on the occasion of the first pro^xjsed appUcation to parUa- 
 ment, which was not proceeded with. Other attempts to serve the notice, 
 prior to the second application in 1882, failed. These facts being set 
 forth, the Senate agreed that all reasonable efforts had been made to 
 effect the service. Jour., pp. 50-51 ; Hans. 30-31 . 
 
DIVORCE BILLS. 
 
 671 
 
 missionor lor taking affidavits in the high court of justice 
 in and for the county of Essex.'' The objection was raised 
 that an affidavit sworn before a commissioner of tht; hiofh 
 court can only be evidence, and can only be read in a pro- 
 ceeding before that court, and that therefore an oath under 
 such circumstances was no oath at all since the said 
 commissioner had no jiower to administer an oath to be 
 used as evidence in the court of Parliament. It was pointed 
 out that no person could ])e indicted for perjury for an oath 
 so administered, and that consecpiently there was not the 
 necessary security that the house should have for the truth 
 of the evidence adduced at the most important stage of the 
 inquiry in a judicial proc-eeding — the return of the service 
 of the notice on the person whose rights are to be affected 
 by the proposed legislation. The only oath that could be 
 legally administered in connection with such a proceeding 
 was at the bar by the clerk of the Senate, or by the chair- 
 man, or any member of the committee on the bill, in 
 accordance with the law governing such cases.- The 
 minister of justice admitted that the affidavit in question 
 was one upon which perjury could not be assigned.' In 
 order to meet the difficulty it was at last decided to alter 
 the rule, cited above, so as to enable affidavits establishing 
 the serA'ice of the notice, to be made before persons author- 
 ized to take them. The rule was accordingly amended by 
 striking out the word oath in the fourth line thereof, and 
 substituting the words " declaration under the act passed 
 in the thirty-seventh year of Her Majesty's reign, (chap. 
 37), intituled ' an act for the suppression of voluntary and 
 extra-judicial oaths.' "' This act substitutes for "voluntary 
 
 1 Sen. J. [1883] 44. 
 
 '^ Remarks of Senator Miller (subsequently Si)caker), Hans. [1883] 58-60. 
 See supra, p. 460. 
 
 ^ lb. 61. When the bill came up for second reading, it was also con- 
 sidered expedient to give further evidence at the bar, under oath, of the 
 service of the notice. Jour., pp. 78-80; Hans. 100-101. 
 
 * Jour. 98 ; Hans. 66, 136. The act sets forth (sec. 1) : " And provided 
 further that it shall be lawful for any judge, justice of the peace, public 
 
672 PRIVATE BILLS. 
 
 and extra-judicial oaths," the right to make a " solemn 
 declaration " under the legal penalties attaching to perjury. 
 As the rule is now amended, evidence by such a declara- 
 tion may be pronounced satisfactory to the Senate, without 
 making it necessary to call to the bar the witness w^ho 
 served the notice.' 
 
 Before leaving this question, it is necessary to mention 
 that a section was also added to an act,- passed this same 
 session, amending the interpretation act as follows : 
 
 " The word oath shall be construed as meaning a solemn affirm- 
 ation .... and where, by an act of Parliament, or by a rule of 
 the Senate or House of Commons, or by an order, regulation or 
 commission, made or issued by the governor in council, under any 
 law authorizing him to require the taking of evidence under oath, 
 an oath is autliorized or directed to be made, taken or adminis- 
 tered, such oath may be administered, and a certiticate of its 
 having been made, taken, or administered, may be given by any 
 one named in such act, rule, order, regulation or commission, or 
 by a judge of any court, a notary public, a justice of the peace, or 
 a commissioner for taking affidavits, having jurisdiction or author- 
 ity within the place where the oath is administered ; and the 
 wilful making of any false statement in any such oath or affirm- 
 ation shall be wilful and corrupt perjury ; and the wilful making 
 of any false statement in any declaration required, or authorized 
 by an act of Parliament shall be a misdemeanour punishable as 
 wilful and corrupt perjury." 
 
 When evidence, satisfactory to the Senate, of the service 
 of the notice on the respondent has been formally adduced. 
 
 notary, or other functionary authorized by law to administer an oath, to 
 receive the solemn declaration of any person, voluntarily making the. 
 same before him in the form of the schedule to this act annexed, in 
 attestation of the execution of any written deed or instrument or alle.ira- 
 tions of fact or of any account rendered in writing ; and if any such 
 declaration be false or untrue in any material particular, the person 
 making such false declaration shall be deemed guilty of a misdemeanour." 
 
 ^ Eemarks of Sir A. Campbell, Minister of Justice, Hans- p. 136. See 
 proceedings in the Graham Case, Jan. 28, 1884. 
 
 2 46 Vict., 0. 1. 
 
DTVORCE BILLS. G73 
 
 it is necessary then to have the petition read and received 
 in the usual way.' 
 
 Exemplification of proceediti ill's in Court. 
 
 The rules of the Senate provide for the production of 
 evidence at this stage, with respect to proceedings that 
 have taken place in any court of law previous to the ap- 
 plication to Parliament : 
 
 •74. " When proceedini^s in any courts of law liave taken place 
 prior to the petition, an exemplification of wuch proceedini^s to 
 final judgment, duly certified, is to be presented to the Senate, 
 on the reading of the petition."- 
 
 75. " In cases where damages have been awarded to the appli- 
 cant, proof on oath must be adduced, to the satisfaction of the 
 Senate, that such damages have been levied and retained, or ex- 
 planation given to the Senate foi" neglect or inability to levy the 
 same, under a writ of execution, as they may deem a sufficient 
 excuse for such omission." 
 
 First Reading of Bill. 
 
 These necessary forms having- been taken with respect 
 to the petition, it goes, as a matter of course, to the com- 
 mittee on standing orders, who inquire whether the orders 
 of the house with respect to such applications have been 
 complied with. If the committee report favourably, the 
 bill may be presented forthwith and read a first time.^ 
 The motion for the second reading on a future day must 
 be in accordance with the following order : 
 
 76. " The second reading of the bill is not to take place until 
 fourteen days after the first reading, and notice of such second 
 reading is to be affixed upon the doors of the Senate during that 
 period, and a copy thereof and of the bill duly served upon the 
 party from whom the divorce is sought, and proof on oath of 
 
 1 Sen. J. [1S77] 48, 53 ; lb. [1882] 51 ; lb. [1883] 44 lb. Jan. 28, 1884. 
 ^ Sen. J. (1873) 101 ; lb. [1876] 63. [In these cases, no entry appears in 
 the proper place of the presentation of the papers] ; lb. [1877] 48-9. 
 ' lb. [1877] 54-5, 57 ; lb. [1882] 60-1 ; 76. [1883] 48, 49. 
 
 43 
 
674 rRlVATE BILLS. 
 
 such service, adduced at the hai* of the Senate, before proceeding 
 to the second reading, or sufficient proof adduced of the impossi- 
 bility of complyini; with this regulation." 
 
 Cost of Printing Bill. 
 
 82. Every bill of divorce is to be prepared in the English and 
 French languages by the party applying for the same, and printed 
 by the contractor for the sessional printing of the Senate, at the 
 expense of the party; and (JOO copies thereof in English, and 200 
 copies in French, must be deposited in the office of the clerk of 
 the Senate, and no such bill is to be read a third time until a cer- 
 tificate from the queen's printer shall have been filed with the 
 clerk, that the cost of printing 500 copies of the act in English, 
 and 250 copies in French for the government has been paid to 
 
 him." 
 
 Second Reading. 
 
 The order of the day for the second reading of the bill 
 having been reached and read, it is then necessary to show 
 that all the formalities, required by the foregoing rule (76), 
 have been duly complied with. The certificates of the 
 clerk of the posting of the notice and other necessary pre- 
 liminaries to the second reading, will be p)roduced in due 
 form. Evidence must next be given under oath at the bar 
 with respect to the service of a copy of the bill and of the 
 notice for the second reading, upon the respondent. The 
 clerk administers the oath to the witness, whose answers 
 to each question are duly recorded on the journals. When 
 the examination is closed, the witness is ordered to with- 
 draw.^ 
 
 The next proceeding is to make a formal motion to dis- 
 pense with rule 7t, requiring the " petitioner to appear 
 
 1 Sen. J. [1877] 90, 97, 99 ; Ih. [1882] 131-2 ; Ih. [1883] 79. In 1882 
 (Gardner's relief bill), on motion for second reading, only an affidavit 
 of service was at first presented in accordance with the Peterson precedent 
 of 1875 (Jour., p. 85) ; but it was pointed out that the rule requires proof 
 under oath at the bar. The order was thereupon deferred until a later 
 day, when the proper course was taken, Sen. Hans., pp. 102-4 ; 126-131. The 
 last reference shows how the examination is conducted on such occasions. 
 
DIVORCE HILLS. ()t5 
 
 l)elow the bar of the Sonatc at tho sorond reading, to be 
 examined by the Senate, generally, or as to any eollusion 
 or counivauce between the parties to obtain such separa- 
 tion." 
 
 The motion dispensing with the rule, will add that 
 " it be an instruction to any select committee to whom the 
 hill on the subject maybe referred to make su(^h (examina- 
 tion.'" This motion having Ijeen agreed to, the bill must 
 then be read a second time in due form, and referred to 
 a select committee. 
 
 Proceedings before the Committee on the Bill. 
 
 18. " After the second reading tho bill is refen-ed to a sciloet 
 eommitteo of nine members ;- witnesses are heard on oath, tho 
 evidence is taken down in writing and j-eported to the Senate, 
 with all vouchers adduced before the committee, tlie preliminary 
 evidence being that of the due celebration of tlie marriage 
 between the parties, by legitimate testimony, either by witnesses 
 present at the marriage or by complete and satisfactory proof of 
 the certiiicate of the officiating minister or authority." 
 
 Both the petitioner and respondent are generally repre- 
 sented by counsel before the committee. The 79th rule 
 provides : 
 
 *79. " The counsel for tho applicant, as well as the party from 
 whom the divorce is sought may be heard at the Bar of the 
 
 J Sen. J. [1S77] 91, 99 ; Ih. [1882] 132 ; Ih. [1883] 81. In the last case 
 (Xicholson relief bill) tlie respondent sent a telegram to the clerk that 
 she wished proceedings stayed until she could bo present to defend her- 
 self. Tho clerk replied that the order for the second reading had been 
 deferred (the reason being tho necessity of meeting the objection taken to 
 the affidavit by Senator Miller). The telegrams Avere laid before the 
 Senate after the second reading of the bill, and entered on the journals ; 
 Hans. 104 (remarks of Sir A. Campbell). 
 
 ■' Sen. J. [1877] 98, 100 ; Ih. [1882] 132 ; Ih. [1883] 81. This committee 
 was organized in 1883, with tho assistance of Mr. S{)eaker, in accordance 
 with a suggestion made in the house that it was desirable that a com- 
 mittee invested with judicial powers, should be struck with judicial 
 fairness. Hans., pp. 51, 104. 
 
6Y6 PRIVATE HILLS. 
 
 Senate, as well on the cvidenco adduced as on the provisions f(jr 
 the future support of the wife, if deemed necessary." 
 
 Counsel only appear, as a rulo, before the select committee 
 on the hill. Injudicial proceeding's of this chara(;ter, the 
 Senate has, as far as possible, delegated its powers to the 
 committee. 
 
 "With respect to the attendance and expenses of witnesses 
 it is provided : 
 
 80. " The witnesses are notified to attend by a summons, to issue 
 under the hand and seal of the speaker, to the parties a])plyin<;- 
 for the san\e, on application to the clerk of the Senate, and served 
 at the expense of the said parties, by the usher of the black rod 
 or his authorized deputy ;' and every witness is allowed his reason- 
 able expenses,- which, with those incurred by the usher of the 
 ■. lack rod or his deputy, are to be taxed by the Senate or any 
 oilicer thereof appointed for that purpose." 
 
 81. "Witnesses refusing to obey the summons are, by order of 
 the Senate taken into the custody of the usher of the black rod, 
 and not liberated therefrom, except by order of the Senate and 
 after payment of the expenses incurred." ' 
 
 "Witnesses are examined under oath, and as far as possi- 
 ble in accordance with the rules governing evidence in 
 courts ;^ and the questions and answers have generally of 
 
 1 Sen. J. [1873] 110. 
 
 ' Ih. [1883] 104. In this case one of the witnesses for tlio respondent 
 was not paid his expenses under the order of the committee. 
 
 ^ As the powers of both houses are similar to those of the English 
 Commons with respect to the attendance of witnesses, it is always com- 
 petent for the Senate to compel them to obej^ the summons, and to punish 
 them for contumacy. See supra, pp. 454-7. 
 
 * But a ditficulty appears to exist sometimes in conducting the examin- 
 ation as in a law court. On a recent occasion the chairman of a divorce 
 committee (Mr. Macfarlane), whilst submitting a report, said : " Our 
 experience in this, more definitely than in any other case, brought under 
 our notice the fact that it would be much the wiser course if examin- 
 ations of this character were held before some other tribunal. V/nile the 
 committee have full oi>portunity of examining each witness mosv minutely, 
 still there is a difficulty in submitting witnesses who are either unwilliuir 
 or prepared to perjure themselves in fact, to that rigid and close examin- 
 ation which would be made in a court of justice. Sen. Hans. [1883] 2SS- 
 
DIVOnCK BILLS. G77 
 
 late yt>ars been given in full in conformity with the rules 
 of the select committcH's of th»' Lords.' It is proper for the 
 committee on a bill to obtain power from the; house to 
 employ a shorthand w^riter to take down evidence for the 
 information of the committee and the house.- 
 
 In case of the poverty of the resj)ondent, a petition may 
 be presentc^d to the house, praying that the applicant for 
 the divorce may be ordered to supply the respondent with 
 mt.'ans to maintain a just defence. This petition should 
 be forthwith referred to the committee on the bill, and 
 when they have made the proper inquiry into the subject, 
 they will report to the house a recommendation, when 
 necessary, that a certain sum bo allowed to the party 
 seeking assistance. In 1883, the committee on the Nichol- 
 son divorce bill recommended — and the house agreed — 
 that the husband, who was the petitioner, should allow 
 his wife, on her petition, a certain sum as counsel's fee, 
 and also pay so much for her daily expense of living at 
 Ottawa.' 
 
 Report of Committee and Proceedings in the Iloii^e. 
 
 When all the necessary evidence has been taken before 
 the committee, the latter will come to a conclusion 
 thereon, as in the case of any opposed private bill. When 
 the evidence is sufficient to sustain the allegations set 
 forth in the petition, they will report the bill. The report 
 
 ^ Sen. J., 1870, app. Xo- 1. See supra, p. 457. Hans. [188:5] 117 (Mr. 
 Botsford). Previous to the regular eniploymeut of shorthand writers the 
 evidence was generally given in condensed form ; Jour. [1873] 100. 
 
 - Ih. [1883] 85. The same course is always followed by Commons com- 
 mittees ; mpra, p. 441. 
 
 ^Sen. J. [1883] 95,99,105; Hans. pp. 121-4. In 1882, the committee 
 also ordered that the husband pay the counsel fees of respondent, on 
 a petition having been presented and referred to them; Sen. J., 90, 132, 
 150, 154. This is in accordance with the Lords' practice (Sen. Dickey, 
 Hans., 1882, p. 200) in cases of the poverty of the parties. Fees have also 
 been remitted in the Commons on account of the inability of the promoter 
 of a divorce bill to pay them, 105 E. Com. J,, 503. 
 
G78 PRIVATE BILLS. 
 
 juid cvidonco are priiitod and considort'd with the hill <m 
 11 futuro day. Wlicii the r<»port has bocii t'oiisi(l«Mt'd and 
 adopted, the hill may ho rrad a third timo in the usnal 
 way.' On the other hand, it' the evidence is not satisfac- 
 tory to tlie majority of the committee, llie report will he 
 that the i)reanihle is not prov«'n.- In 1882, the petitioner 
 abandoned tlie hill, when called upon to addn<'e further 
 evidence', and the committee so reported.' \Vhen the re- 
 l)ort contains a recommendation it must be considered and 
 adopted or negatived, as the house may consider right 
 after full consideration of the evidence and facts.' lUit the 
 report is invariably linal in all such cases. 
 
 In case the committee report against the prosecution of 
 the bill, it is usual to return all vouchers and exhibits to 
 the respectivi* parties in order that they may be, if neces- 
 sary, used in evident^' in the courts.' 
 
 When the bill has passed the Senate, a message is 
 ordered to bo sent to the Commons, to communicate to that 
 house the evidence and the papers referring to the bill, 
 including the exemplification, when any, of proceedings 
 in a court of law." 
 
 It was formerly the practice in the Senate to publish 
 the evidence in full in an appendix to the journals of that 
 house ; but the practice has been discontinued since 1877 
 The evidence, however, is kept among the records of the 
 house, and is now printed for the information of mem- 
 bers only.^ 
 
 In all unprovided cases, reference must be had to the 
 
 » Sen. J. [1877] 9G, 117 ; lOo, 118 ; 115, 137. Ih. [1878] 138. 
 
 2 Ih. [lS7(i] 137 ; Ih. [1883] 104. 
 
 3 Ih. [1SS2] 170. 
 
 * Ih. [187G] KiO ; Ih. [1883] 173. In 1882, the report was not considerecl. 
 as thej iKftitionor abandoned the bill, but a recommendation that the fee 
 be refunded to him was proposed and agreed to; Jour., p. 171. 
 
 5 Sen. J. [1882] 170-1. 
 
 «i6. [1877] 117,118. 
 
 ' Sen. J. [1877] G4 ; Deb. [1878] 513, 5C3. See app. to journals for 1878. 
 
invow i: III I. IS. ()70 
 
 rules tand docisioiis ol" the House ol" Lords.' Tliounh there 
 is now in l']iii!;l:iiid ;i court for the trial ol' matriinouial and 
 divorce causes, the Lords have still jurisdiction over cases 
 in Lidia, Ireland, and other countries beyond the jurisdic- 
 tion ol the court." Consequently both houses still continue 
 their standing orders relative to divorce bills.' 
 
 V. Divorce Bills in the House of Commons.— The proceodiniis 
 in the Commons relative to such bills may now be briolly 
 explained. AVhen a petition is read and received, it is 
 referred, like all othc^- ai)plications for private leuislation, 
 to the committee on standing" orders ;' but Avlien no peti- 
 tion has been presented and reported on by the committee 
 on standing' orders, the bill, when it comes up from the 
 Senate, should be referred, in conformity with rule 54, to 
 that committee."' 
 
 Divorce bills follow the practice usual in the case of all 
 other private bills in the Commons. Up to 18fJ7 divorce 
 bills were rt^ferred after the second reading, in accordance 
 with the general standing orders." After 18G7 divorce 
 bills followed the practice which was adopted in that year 
 of referring private bills to committees after the first 
 reading.' In 187-j, it was ordered that all private bills 
 should be referred after the second reading ; but it was 
 not until 18t5 that a divorce bill was brought up from 
 the Senate, and it was then inadvertently referred after 
 
 1 R. 84. 
 
 ^ May, 707. 
 
 3 Lords' S. O. 140, 175-8 ; Com. S. O. 189-92. In the Commons a select 
 committee on divorce bills is nominated at the beginning of every session. 
 In the Lords, divorce bills are committed like {mblii; bills to a committee 
 of the whole house, and witnesses are examined at the bar. This was 
 the practice of the Legislative Council of Canada. 
 
 * Can. Com. J. [1875] 82, 83 ; Ih. [1877] 62 ; I}>. [1878] 27, 35. 
 
 ^ Supra, p. (J67. This was not done in Martin's case in 1873. 
 
 6 Beresford, 1852-3 ; McLean, 1858 and 1859. 
 
 ^ J. R. Martin, 1873. This reference Avas made before the adoption of 
 the rule referring private bills after the second reading. 
 
680 PRIVATE BILLS. 
 
 first reading/ In the session of 1877 two divorce bills 
 came up from the Senate, and the house followed the pre- 
 cedent in the Peterson cawe. On a subsequent day the 
 bills were reported from the committee, and then there 
 arose a question as to the future procedure. Under rule 
 65, reported bills should be referred to a committee of the 
 whole, but that could not be done (except by a special 
 motion) since the bills had not been read a second time. 
 The incorrectness of the procedure in the Peterson case 
 became obvious, and the house agreed that divorce bills 
 ought to follow the practice laid down for all private bills." 
 Consecpiently all bills since then have been referred after 
 second reading to a standing committee." 
 
 Up to the session of 1877 it was the practice to refer 
 these bills to a select committee in accordance with 
 English practice ;' but it is uow usual to refer them to 
 the standing committee on private bills. All the papers 
 and evidence are referred with the bill to the committee.' 
 When the bill comes back from committee, it is referred 
 to the committee of the whole, and proceeded with like 
 all other private bills. It was the x>ractice until 1879 for 
 the governor-general to reserve such bills for the signifi- 
 cation of her Majesty's pleasure thereon, but this need not 
 now be done since the change in the royal instructions 
 with reference to bills." 
 
 ^ Can. Com. J. [1875] 215. 
 
 •^ Walter Scott and M. .T. Bates relief bills, 1877 ; INIarch IG, 19, 21 ; Can. 
 Hansard; Corn. Journals, pi5. 148, 159, 771 ; 144, 153, 160, 172. In conse- 
 quence of the mistake in the Peterson case, the journals of 1877 show very 
 perplexing entries, but the above remarks will sutlice to explain the way 
 these contradictory precedents occurred. 
 
 ^ Can. Com. J. [1877] 171, 179; lb. [1878] 119, 120. 
 
 * Supra, p. 679n. 
 
 ^ Can. Com. J. [1878] 120. 
 Supra, pp. 5G9-73. 
 
 «o 
 
CHAPTER XXII. 
 
 RECENT PRIVY COUXCIL DECISIONS. 
 
 I. Fodoral and Local Jurisdiction — Lifjuor Liconso Act of 1S77 (Ontario) ; 
 Delegation of I'owors to License Commissioners. — II. Land.3 in Canada 
 escheated to the Crown for defect of heirs belong to the Provinces for 
 the Purposes of Itovenue and Ciovornment. — 111. Concluding Remarks 
 on Questions of Jurisdiction. 
 
 I. Ontario Liquor License Act of 1877.— After the earlier por- 
 tion of this work had been printed, the judicial (^onimittee 
 of the privy council rendered a judgment which is too 
 important to be jiassed over without notice, bearing, as it 
 does, upon the questions discussed in the tenth and 
 eleventh sections of the introductory chapter, and more 
 especially upon the case of Kussell v. the Queen. 
 
 By reference to the eleventh section of the Hrst chapter 
 it will be seen that a digest is there given of the judgment 
 rendered by the privy council in favour of the constitution- 
 ality of the Canada Temperance Act of IStS — a judgment 
 immediately followed by the passage of an act in the 
 general legislature to provide for the sale of intoxicating 
 liquors, and the issue of licenses therefor in the provinces 
 of Canada. 
 
 A later decision of the judicial committee of the privy 
 council has undoubtedly an important bearing on tht* 
 question of jurisdiction in the matter of the regulation 
 of liquor traffic in a province. The fourth and fifth sec- 
 tions of the Licjuor License Act^ of Ontario, which has 
 €ome under the review of the privy cou.ncil on the appeal 
 
 1 R. S. 0., c. 181. 
 
G82 RECENT PRIVY COUNCIL DECISIONS. 
 
 of Hodge V. the Queen from the court of appeal of the 
 province, authorises the appointment of hcense commis- 
 sioners to act in each muni<ipalily, and empowers them 
 to pass resolutions lor defining the conditions and quali- 
 lications requisite to obtain tavern or shop licenses for 
 sale by retail of spirituous liquors within the munici- 
 jmlity ; for limiting the number of licenses ; for declar- 
 ing that a limited number of persons qualified to have 
 tavern licenses may be exempted from having all the 
 tavern accommodation recjuired by law ; for regulating 
 licensed taverns and shops ; for defining the duties and 
 powers of license inspectors. These commissioners may 
 also impose penalties for an infraction of their resolutions. 
 The sale of intoxicating liquors is also prohibited in the 
 act, under penalties, from Saturday evening, 7 o'clock, to 
 Monday morning, 6 o'clock. 
 
 By virtue of this act, the license commissioners of 
 Toronto passed certain resolutions for the regulation of 
 taverns and shops in that city. Subsequently, M' Hodge 
 a proprietor of an hotel, who was duly licensed to sell 
 liquor, and to keep a billiard saloon, was convicted and 
 fined before the police magistrate of Toronto, for unlaw- 
 fully permitting a billiard table to be used, and a game to 
 be played thereon, during the time prohibited by the act, 
 and by the resolution of the commissioners ; that is, after T 
 o'clock on Saturday night. This conviction was quashed 
 by the court of queen's bench as illegal. Assuming the 
 right of the legislature of Ontario to legislate on the sub- 
 ject, the court held that it could not devolve or delegate 
 its powers to the discretion of a local board of commis- 
 sioners. The case was then taken to the court of appeal 
 for Ontario, which reversed the decision of the queen's 
 bench, and affirmed the conviction. The court decided 
 substantially that the provincial legislature, and it alone, 
 had the power to pass laws for the infliction of penalties 
 or imprisonment for the enforcement of a law of a pro- 
 vince in relation to a matter coming within a class of 
 
ONTARIO LIQUOR LICENSE ACT. 
 
 683 
 
 subjects with ^Yhi('h alone the province had the right to 
 deal ; ^ and that the legislatiire had power to deleg-ate its 
 authority as it had done in the matter in question. 
 
 On the question at issue coming before the judicial 
 committee of the privy council, their lordships were of 
 opinion that the 'decision of the court of appeal of Ontario 
 should be affirmel, and the appeal dismissed with costs. 
 In their elaborate judgment, they state at the outset tliat 
 they do not consider it necessary in the present case to 
 lay down any general rule or rules for the construction of 
 the British North America Act. They are impressed with 
 the justice of an observation made by Chief Justice 
 Hagarty in delivering the unanimous judgment of the 
 court of queen's bench, "that in all these questions of /<//m 
 vires, it is the wisest course not to widen the discussion 
 by considerations not necessarily involved in the decision 
 of the point in controversy." - They then proceed to 
 notice the argument of the appellants that the legislature 
 of Ontario had no power to pass any act to regulate the 
 liquor traffic ; that the whole power to pass such an act 
 was conferred on the dominion parliament, ar.d con- 
 sequently taken from the provincial legislature by section 
 91 of the British North America Act ; and that it did not 
 come within any of the classes of subjects assigned 
 exclusively to the provincial legislatures by section 92, 
 The clause in section 91 which the Liquor License Act, 
 18^^, was said to infringe was No. 2, "the regulation of 
 trade and commerce ;" and it was urged that the decision 
 of their lordships in Russell v. the Queen was conclusive 
 
 it- 
 
 — " that the whole subject of the liquor traffic was given 
 to the dominion parliament, and consequently taken away 
 from the provincial legislatures." It appears, however, to 
 their lordships that the decision mentioned " has not the 
 
 » See sub. s. 15, s. 92; B. X. A. Act, 18G7. 
 
 ^ Their lordsliips also referred to "what they had previously recom- 
 mended in determining such cases ; see supra, p. 100. 
 
684 RECENT PRIVY COUNCIL DECISIONS. 
 
 effect supposed, and that, when properly considered, it 
 should be taken rather as an authority in support of the 
 judgment of the court of appeal." The sole question there 
 was, " whether it was comi)etcnt for the dominion Parlia- 
 ment, under its general powers to make laws for the 
 peace, order, and good government of the dominion, to 
 pass the Canada Temperance Act, 18t8, which was 
 intended to be applicable to the several provinces of the 
 dominion, or to such parts of the provinces as should 
 locally adopt it." They then proceed to quote portions of 
 the previous judgment in Kussell and the Queen to show 
 that the matter of the act in question does not properly 
 belong to the class of subjects, " property and civil rights," 
 within the meaning of sub-section 13, but is rather one of 
 those matters relating to public order and safety, which 
 fall within the general authority of parliament to make 
 laws for the order and good government of Canada.^ It, 
 therefore, appears to their lordships that " Russell v. the 
 Queen, when properly understood, is not an authority in 
 support of the appellant's contention, and their lordships 
 do not intend to vary or depart from the reasons expressed 
 for their judgment in that case. The x)rinciple which 
 that case and the case of the Citizens' Insurance Company 
 illustrate is, that subjects which in one aspect and for 
 one purpose fall within section 92, may in another aspect 
 and for another purpose fall within section 91." - 
 
 In considering the subject-matter and legislative char- 
 acter of sections four and five of the license act of Ontario 
 (as given in a previous page) their lordships point out 
 that the act "is so far confined in its operations to muni- 
 cipalities in the province of Ontario and is entirely local 
 in its character and operation." The matters dealt with 
 in the sections mentioned " seem to be of a purely local 
 nature in the province, and to be similar to, though not 
 identical in all respects with, the powers then belonging 
 
 ^ See supra, pp. 94-5, for the text of the decision on this point. 
 - Supra, pp. 99-100. 
 
ONTARIO LIQUOR LICEN8E ACT. 685 
 
 to municipal institutions under the previously existing- 
 laws passed by the local parliaments." Their lordships 
 consequently decide: "The powers intended to be con- 
 ferred by the act in question, when properly understood, 
 are to make regulations in the nature of police or muni- 
 cipal regulations of a merely local character for the good 
 government of taverns, etc., licensed for the sale of liquors 
 by retail, and such as are calculated to preserve, in the 
 municipality, peace and public decency, and repress 
 drunkenness and disorderly and riotous conduct.^ As such 
 they cannot be said to interfere with the general regula- 
 tion of trade and commerce which belongs to the domin- 
 ion parliament, and do not conflict with the provisions of 
 the Canada Temperance Act, which does not appear to 
 have as yet been locally adopted. The subjects of legisla- 
 tion in the Ontario Act of 1877, sections 4 and 5, seem to 
 come within the heads 8, 15, and 16" of section 92 of the 
 British North America Act, 1867. Their lordships are, 
 therefore, of opinion that in relation to sections 4 and 5 of 
 the act in question, the legislature of Ontario acted within 
 the powers confeiTed upon it by the Imperial Act of 1867, 
 and that in this respect there is no conflict with the 
 powers of the dominion parliament." 
 
 We have cited, in the foregoing paragraph, the most 
 m,aterial part of the decision ; but their lordships went 
 further and considered the objection raised by the appel- 
 lant — that the Imperial Parliament had conferred no 
 
 ' In the case of the corporation of Three Rivers and Suite, the court of 
 queen's bencli of Quebec has given a decision, holding precisely in prin- 
 ciple what the privy council has held in the Hodge case. See Mr. Justice 
 Ramsay's judgment, 5 Legal News, 330. Also Toulin and the corporation 
 of Quebec, 72 L.R., 387; 5 Legal News, 334; 6 76. 209, 214. The tiist 
 mentioned case is now before the supreme court of Canada. 
 
 ^ 8. " Municipal institutions in the province." 15. " The imposition of 
 punishment by fine, penalty, or imprisonment for enforcing any law of 
 the province made in relation to any matter coming within any of the 
 classes of subjects enumerated in tliis section." 16. " Generally all mat- 
 ters of a merely local or private nature in the province." 
 
{]HQ RECENT rniVY COUNCIL DECISIONS'. 
 
 authority on llie loral Icgislaturt^ to doloj^ate its powers 
 to the li<^eiisc roiiimissioii(»r.s or any other persons. In 
 otlier words, that the power conferred by the Imj^erial 
 Parliament on th(^ local legislature should b(^ exercised in 
 liill by that body, and by it alon(\ Tliis ol)jection, in 
 their opinion, is founded on an entire misconception of 
 the true character and position of the provincial legisla- 
 tures, " which are in no sense delegates of, or acting 
 under any mandate from, the Imperial Parliament." Their 
 lordships say emphatically that when the IJritish North 
 Ameri<'a Act enacted that there should ])e a legislature 
 for Ontario, and that its legislative assembly should have 
 exclusive authority to make laws for the provinces and 
 for provincial purposes in relation to the matters enumer- 
 ated in section 92, " it conferred powers not in any sense 
 to be exercised by delegation from, or as agents of the 
 Imperial Parliament, but authority as plenary and as 
 ample within the limits prescribed by section 92, as the 
 Imperial Parliament, in the plenitude of its power, pos- 
 sessed and could bestow." Within these limits of subjects 
 and area, " the local legislature is supreme, and has the 
 same authority as the Imperial Parliament, or the Parlia- 
 ment of Canada would have had under like circumstances 
 to confide to a municipal institution or a body of its own 
 creation, authority to make by-laws or resolutions as to 
 subjects specified in the enactment, and with the view of 
 carrying the enactment into operation and effect." In 
 their opinion such an authority is ancillary to legislation, 
 and without it an attempt to provide for varying details 
 and machinery to carry them out might become oppres- 
 sive, or absolutely fail. A legislature, in committing 
 certain regulations to agents or delegates like license com- 
 missioners, retains its powers intact, and can, whenever 
 it pleases, destroy the agency it has created, and set up 
 another, or take the matter directly into its own hands.^ 
 
 ^For text of judgment, see Legal News, January 19, 1884. 
 
ESCHEATS. 
 
 687 
 
 n. Escheats.— Among th(3 matters that liavo rt'conll yeomen 
 bofore the supreme court of Canada and the judicial com- 
 mittee of the privy council is the question, whether the 
 iioverument of Canada or the government of a province is 
 entitled to estates escheated to the (hown for want of 
 heirs. The controversy on this question first arose in 
 l(St4, when the legislature of Ontario passed an act' to 
 amend the law resi)ecting escheats and forfeitures. This 
 iict was disallowed l)y the governor-general in council, on 
 the report of the minister of justice (Mr. Fournier, now 
 one of the judges of the supreme court) on the following 
 Q'rounds : 
 
 1. " That escheat i^^ a matter of prerogative which in not by tho 
 British North America Act vested in a provincial government or 
 legislature. 
 
 2. That it is not one of the .'^uhjccts coming within the enum- 
 eration of the subjects left exclusively to the provincial legisla- 
 tures. 
 
 .3. That a provincial legislature, by its very statutable position, 
 jhas no power to deal with prerogatives of tho Crown. 
 
 4. That the lieutenant-governor has not under the statute, or 
 .by his commission, any power to deal with the prerogatives of 
 ,the Crown ; and not being empowered to assent in the queen's 
 name to any law of a provincial legislature, ho cannot bind her 
 3Iajesty's prerogative riy;ht8."- 
 
 Subsequently in 18t0, by a decision of the court of 
 queen's bench, of the province of Quebec, upon an appeal 
 from a lower court, the right of the province to the con- 
 trol of escheats and forfeitures, within the province, was 
 -affirmed. Whereupon it was agreed between the domin- 
 ion and provincial governments that — until or unless 
 there should be a judicial decision establishing a contrary 
 principle — " lands and personal i)roperty in any i)rovince, 
 escheated or forfeited by reason of intestacy, without law- 
 
 1 27 Vict c. 8, Ont. Stat, of 1874. 
 - Can. Sess. P., 1882, No. 141. 
 
G88 liECJCXT PRIVY COUNCTL DECISIONS. 
 
 I'ul heirs or iioxt of kin, or other parties entitled to suc- 
 ceed, are subjects appertaining to the province, and within 
 its legishitive rompetency," whih% on the other hand, 
 " lauds and personal property forfeited to the Crown for 
 treason, felony, or the like, are subjects appertaining- to 
 the dominion, and within its legislative competence." ' 
 
 Accordingly the legislature of Ontario again passed an 
 act," which enables the attorney-general to take possession 
 of escheated lands or cause an action of ejectment to be 
 brouglit for the recovery thereof without any inquisition 
 being first necessary. The lieutenant-goA'ernor may make 
 grants of escheated or forfeited lands, or may release for- 
 feited property, or waive the forfeiture. He may also 
 make an assignment of personality to which the Crown 
 has become entitled. 
 
 The question of the validity of this statute was brought 
 before the courts in 1878, when the attorney-general of 
 Ontario filed an information in the court of chancery for 
 the purpose of obtaining possession of laud in the city of 
 Toronto, which was the property of one Andrew Mercer, 
 who had died intestate and without leaving any heirs or 
 next of kin, on the ground that it had escheated to the 
 Crown for the benefit of the province. Andrew Mercer, 
 a natural son of the deceased, demurred to this informa- 
 tion for want of equity, and the court of chancery held 
 that the Escheat Act of Ontario' was not ultra vires, but 
 that the escheated property accrued to the benefit of 
 Ontario. On appeal to the court of appeal for Ontario, 
 that court held that the provincial governments are 
 entitled, under the B. N. A. Act, to recover and appropriate 
 escheats, and affirmed the order over-ruling the said 
 demurrer, aud dismissed the appeal with costs. Against 
 this judgment the defendant, Andrew Mercer, appealed 
 
 ' Can. Sess. P., 1877, No. 89, pp. 88-105. 
 
 ^R. S. 0., c. 94 (40 Vict. c. 3.) The legislature of New Brunswick passed 
 a law to the same effect in 1877, c. 9. 
 »RS. 0., 0.94. 
 
KSCIIEA TS. 689 
 
 to the supreme court, and the parties agreed that the 
 appeal should be limited to the broad question whether 
 the government of Canada or of a province is entitled to 
 estates escheated to the Crown. The dominion crovern- 
 ment, concurring in the view of the appellant's counsel, 
 that the hereditary revenues of the Crown belong to the 
 dominion, intervened in order to have the question deter- 
 mined. 
 
 The supreme court held that the province of Ontario 
 does not represent her Majesty in matters of escheat in 
 that province, and therefore the attorney-general could 
 not appropriate the property escheated to the Crown in 
 this case for the purposes of the provin(^e, and that the 
 Escheat Act of Ontario was ultra virea} That any revenue 
 derived from escheats is by section 102 of the B. N. A. Act 
 placed under the control of the Parliament of Canada as 
 part of the consolidated revenue fund of Canada, and no 
 other part of the act exempts it from that disposition." 
 
 The case was brought finally before the privy council, ' 
 who came to the conclusion that the escheat in cj[uestion 
 belongs to the province of Ontario. Their lordships base 
 their decision mainly on their interpretation of section 109, 
 which is the only clause in the B. N. A. Act by which 
 any sources of revenue appear to be distinctly reserved to 
 the provinces, viz. : 
 
 "All lands, mines, minerals, and royalties, belonging to the 
 several provinces of Canada, !N'ova Scotia, and New Brunswick, 
 at the union, and all sums then due oi* payable for such lands, 
 mines, minerals, or i-oyalties, shall belong to the several jDrovinces 
 of Ontario, Quebec, Nova Scotia, and New Brunswick, in which 
 the same are situate or arise, subject to any trusts existing in 
 respect thereof, and to any interest other than that of the pro- 
 vince in the same." 
 
 ' 5 Can. Sup. Court R. 538. The chief justice and another judge of the 
 court dissented from the opinion of the majority. 
 "^ Per Fournier, Taschereau, and Gwynne, J.J. 
 ' The attorney-general of Ontario v. Mercer ; July 18, 1883. 
 
 44 
 
690 RECENT PRIVY COUNCIL DECISIONS. 
 
 The real question, in their lordships' opinion, is as to the 
 effect of the words " lands, mines, minerals, and royalties" 
 taken together. They see no reason why the word 
 "royalties" in the context should not have its primary and 
 appropriate sense as to all the subjects with which it is 
 here associated, — lands, as well as mines and minerals. 
 Even as to mines and minerals, it here necessarily signi- 
 fies rights belonging to the crown, Jura corona;. The 
 general subject of the section is of a high political nature ; 
 it is the attribution of royal territorial rights, for the 
 purposes of revenue and government, to the provinces in 
 which they are situate or arise. In its primary and natural 
 sense, " royalties" is merely the English translation or equi- 
 valent of reevaluates, jura regalia, jura regia. It stands on 
 the same footing as the right to escheats, to the land 
 between high and low watermark, to treasure trove, and 
 other analogous rights. Their lordships find nothing in 
 the subject or the context, or in any other part of the 
 Act, to justify a restriction of its sense to the exclusion 
 of royalties, such as escheats, in respect of lands. The 
 larger interpretation (which they regard as in itself the 
 more proper and natural) also seems to be that most con- 
 sistent with the nature and general objects of this par- 
 ticular enactment, which certainly includes all other 
 ordinary territorial revenues of the crown arising within 
 the respective provinces.^ 
 
 ni. Conclusion.— In giving a digest of the most important 
 judicial decisions on questions of legislative jurisdiction, 
 the writer has not so far attempted any comment upon 
 the many points that naturally suggest remarks, but has 
 thought it the wisest course in a work of this character to 
 allow the reader to study out each subject for himself, and 
 form his own conclusions in matters of doubt. In review- 
 ing these decisions, however, certain constitutional prin- 
 
 ' See 6 Legal News, 234, 244. 
 
CONCLUSION. 
 
 69 1 
 
 oiplos may be evolved for the guidance of those engaged 
 in the working out the federal system of the dominion, 
 and to some of these the writer may not inappropriately 
 refer. 
 
 The dominion parliament and provincial legislatures 
 are sovereign bodies within their respective constitutional 
 limits. While the dominion parliament has entrusted to 
 it a jurisdiction over matters of national import, and pos- 
 sesses besides a general power to legislate on matt(3rs not 
 specifically reserved to the local legislatures, the latter, 
 nevertheless, have had conferred upon them powers as 
 plenary and ample within the limits prescribed by the 
 constitutional law, as are possessed by the general parlia- 
 ment.^ 
 
 In interpreting the constitution, prescribing the limits 
 of the respective legislative authorities in the dominion, 
 every care should be taken to consider each case as it 
 arises, and to determine the true nature and character 
 of the legislation in the particular instance under discus- 
 sion in order to ascertain the class of subjects to which it 
 really belongs.^ 
 
 In all cases, each legislative body should act within the 
 sphere of its clearly defined powers ; and the dominion 
 parliament should no more extend the limits of its juris- 
 diction by the geuv^rality of the application of its law, 
 than a local legislature should extend its jurisdiction by 
 localising the application of its own statute.'^ 
 
 The parliament of Canada has a right to interfere with 
 
 1 Supra, p. 686. 
 
 2 lb., pp. 99-100. 
 
 ^ Legal News on Hodge v the Queen, Jan. 26, 1884. " The federal parlia- 
 ment cannot extend its own jurisdiction b> a territorial extension of its 
 laws, and legislate on subjects constitutionally provincial, by enacting 
 them for the whole dominion, as a provincial legislature cannot extend 
 its jurisdiction over matters constitutionally federal, by a territorial 
 limitation of its laws, and legislate on matters left to the federal power, 
 by enacting them for the province only, as, for instance, incorporate a 
 bank for the province," Taschereau, J., Can. Sup. Court R., iv., 310. 
 
602 RECENT riiiyy COVSCIL DECIfilOSS. 
 
 mat tors of proporty, civil rights and procoduro in a pro- 
 vince, \vh»»n it is necessary for the purpose of legisUitinn" 
 generally and effectnally in relation to matters which 
 fall properly within the j\irisdi<tion of the general legis- 
 lature.' 
 
 The federal parliament must have " a free and unfet- 
 tered exercise of its powers " with respect to matters 
 placed under 'its control, even though such exercise may 
 interferes with some of the powers left under provincial 
 control.' The exercise of the powers of the local Legisla- 
 tures, in thos<» cases, must necessarily ho suhject to such 
 regulations as the dominion may lawfully prescribe.^ 
 
 But it is reasonable to assume that th(» right of the 
 federal parliament to legislate in this particular is limited 
 to such legislation as is absolutely necessary to give full 
 effect to its lawful powers. It cannot be argued from the 
 most strained interpretation of the constitution that the 
 federal legislature should, in the exercise, for instance, of 
 its general power to regulate trade and commerce, or to 
 provide for the peace, order, and good government of 
 Canada, obliterate the jurisdiction of the local legislatures 
 over matters of a purely provincial or municipal character, 
 or assume full control over civil rights and property.* 
 
 Parliament may, for instance, give powers to a railway 
 company to expropriate and hold lands, as a necessary 
 incident to its right to create such companies f but it 
 cannot lawfully prescribe the terms and conditions on 
 which the conveyance of real estate is to be made to a 
 corporate body, but should leave all laws in each province 
 to operate as to such conveyance." Nor does its authority 
 to legislate for the regulation of trade and commerce com- 
 
 • Supra, pp, 86, 95, 97-98. 
 
 ■^ Can. Sup. Cburt R., iv., 308, Taschereau, J. 
 ■' lb. 24'8, Ritchie, C.J. 
 •* Can. Sup. Court, iv., 272, Fournier, J. 
 ^ Can. Hans. [1882], 434 (Mr. Blake). 
 
 * Supra, p. 598. 
 
coNCLi'sioy. uua 
 
 pri'heiid the power to regulate by legislation tlu> eontracts 
 of a i)articular ])Usiiiess or trade, as such contracts are 
 matters of civil rights which fall within the jurisdiction 
 of the provincial legislatures.' 
 
 Parliament itself has, on more than one occasion, recog- 
 nized tlie necessity of giving full scope to the powers of 
 the provincial legislatures. For instance, it has refused 
 to embody in an ai-t su(,'h clauses as would practically 
 nullify the provisions of a local statute, w^hoUy within 
 the jurisdiction ot the local sovereignty, which had, in 
 the iirst instance, created the corporation." 
 
 On the other hand, the local legislatures, whose powers 
 are limited compared with thost^ of the general parlia- 
 ment, must be careful to confine the exercise of them 
 to the particular subjects expressly placed under their 
 jurisdiction, and not to encroach upon subjects which, 
 being of national importance, are, for that very reason, 
 placed under the exclusive control of parliament.' 
 
 No conflict of jurisdiction need arise because subjects 
 which, in one aspect and for one purpose, fall within the 
 powers of the dominion legislature, may, in another aspect 
 and for another purpose, fall within the powers of the 
 local legislatures.' The general authority, for instance, 
 possessed by the dominion to make laws relating to 
 public order and safety, or regulating trade and commerce, 
 does not prevent the local legislatures from exercising its 
 municipal powers with respect to the same subjects. 
 
 Laws designed for the promotion of public order, safety, 
 or morals, belong to the subject of public wrongs rather 
 than to that of civil rights. The primary matter dealt 
 with by such legislation is the public order and safety — 
 a matter clearly falling within the general authority of 
 
 ' Supra, pp. 88, 582. 
 
 - Supra, p. 397. 
 
 ' Can. Sup. Court K., iv., 348, Gwynne, J. 
 
 * Supra, p. 684. 
 
694 RECENT PRIVY COUNCIL DECISIONS. 
 
 Parliament to make laws for the order and good govern- 
 ment of Canada.^ Consequently a uniform law passed by 
 the general legislature to promote temperance in the 
 dominion, does not conflict with the power possessed by 
 a local legislature to pass an act authorizing the making 
 of such police or municipal regulations of a merely local 
 character as are necessary for the good government of 
 taverns and other places licensed to sell liquor by retail.^ 
 
 Where a power is specially granted to one legislature, 
 that power will not be nullified by the fact that, indirectly, 
 it affects a special power granted to the other legislature. 
 " This is incontestable," says a learned judge, " as to the 
 power granted to parliament (section 91, last paragraph),' 
 and probably is equally so as to the power granted to the 
 local legislature. In other words, it is only in the case of 
 absolute incompatibility that the special power granted 
 to the local legislature gives way." Such a principle 
 seems absolutely necessary to the efficient operation of the 
 federal constitution. 
 
 In the inception of the confederation it was believed by 
 its authors that the care taken to define the respective 
 powers of the several legislative bodies in the dominion 
 would prevent any troublesome or dangerous conflict of 
 authority arising between the central and local govern- 
 ments.* The experience of the past sixteen years has 
 proved that it is inevitable in the case of every written 
 constitution, especially in the operation of a federal sys- 
 tem — that there should arise, sooner or later, perplexing 
 questions of doubt as to where power exists with respect 
 
 ^ Meredith, C.J.,in Blouin and the corporation of Quebec, 7 Q.L.R., 18 ; 
 5 JLegal News, 333. 
 =* lb. pp. 95. 
 
 * " And any matter coming within any of the classes of subjects 
 enumerated in this section shall not be deemed to come within the class 
 of matters of a local or private nature comprised in the enumeration of 
 the classes of subjects by this act assigned exclusively to the legislatures 
 of the provinces." 
 
 * See remarks of Sir John Macdonald in 1865, supra, p. 81 to. 
 
CONCLUSION. 695 
 
 to certain matters of legislation. It has been sometimes 
 urged in Parliament^ that committees should be organised 
 in both houses to lay down rules or principles for legis- 
 lation, in order to prevent, as far as possible, any con- 
 flict of jurisdiction. But it is questionable if political 
 bodies can ever be the safest interpreters of constitutional 
 law. It is in the courts that the solution must be sought 
 for the difficulties that arise in the working of a federal 
 constitution. As long as the courts of Canada continue 
 to be respected as impartial, judicious interpreters of the 
 law, and her statesmen are influenced by a desire to accord 
 to each legislative authority in the dominion its legitimate 
 share in legislation, dangerous complications can hardly 
 arise to prevent the harmonious operation of a constitu- 
 tional system, whose basis rests on the principle of giving 
 due strength to the central government and at the same 
 time every necessary freedom to the different provinces 
 which compose the confederation. 
 
 * The Senate rules provide for the reference of bills on which the ques- 
 tion of jurisdiction has been raised, to the committee of standing orders 
 and private bills; see supra, p. 607. 
 
APPENDIX. 
 
 A. British North America Act, 1867 699 
 
 B. An Act resijecting the estabhshment of Provin(;e« in the Dominion 
 
 of Canada (34-35 Vict, c. 28) 739 
 
 C. An Act to remove certain doubts with respect to the powers of 
 
 the Parhament of Canada under section IS of the B.N.A. Act, 
 1867 (38-39 Vict., c. 38) 740 
 
 D. Governor-General's Commission, Instructions, etc 742 
 
 E. Proclamation summoning Parliament for despatch of business. . . 749 
 
 F. Prayers in the Commons 750 
 
 G. Forms of Motions ■ 751 
 
 H- Forms of Petitions 756 
 
 I. Forms of resignation of members; Speaker's warrants for new 
 
 writs of election, etc 757 
 
APPENDIX. 
 
 A. 
 
 THE BRITISH NORTH AMERICA ACT, ISO 7. 
 
 ANNO TRICESIMO ET TRICESIMO-PRIMO VICTORIJE REOINiK, 
 
 CAP. Ill, 
 
 An Act for the Union of Canada, Nova Scotia and New Brunswick, and 
 the Government thereof, and for Purposes connected therewith. 
 
 [29th March, 1867.] 
 
 WHEREAS the Provinces of Canada, Nova Scotia and 
 New Brunswick have expressed their De-sire to be 
 federally united into One Dominion under the Crown of 
 th^ United Kini^dom of Great Britain and Ireland, with 
 a Constitution similar in Principle to that of the United 
 Kingdom : 
 
 And whereas such a Union would conduce to the Wel- 
 fare of the Provinces* and promote the Interests of the ' 
 British Empire : 
 
 And whereas on the Establishment of the Union by 
 Authority of Parliament it is expedient, not only that 
 the Constitution of the Legislative Authority in the Do- 
 minion be ])rovided for, but also that the Nature of the 
 Executive Government therein be declared : 
 
 And whereas it is expedient that Provision be made 
 for the eventual Admission into the Union of other Parts 
 of British North America : 
 
 Be it therefore enacted and declared by the Queen's 
 Most Excellent Majesty, by and with the Advice and 
 Consent of tlie Lords Spiritual and Temporal, and Com- 
 mons, in this present Parliament assembled, and by the 
 Authority of the same, as follows : 
 
700 
 
 APPENDIX. 
 
 T, — PRELIMINARY. 
 
 Short Title, 1. This Act may be cited as the British North America 
 Act, 1867. 
 
 Appiica- 2. The Provisions of this Act referring to Her Majesty 
 
 Provisions the Queen extend also to the Heirs and Successors of 
 
 nuhe^"*^ Her Majesty, Kings and Queens of the United Kingdom 
 
 Queen. of Great Britain and Ireland. 
 
 II. — UNION. 
 
 Declara- 
 tion of 
 Union. 
 
 Construc- 
 tion of 
 subse- 
 quent Pro- 
 visions of 
 Act. 
 
 Four Pro- 
 vinces. 
 
 3. It shall be lawful for the Queen, by and with the 
 Advice of Her Majesty's Most Honourable Privy Council, 
 to declare by Pi-oclamation that, on and after a Day 
 therein appointed, not being more than Six Months after 
 the passing of this Act, the Provinces of Canada, Nova 
 Scotia and New Brunswick shall form and be One Domi- 
 nion under the name of Canada ; and on and after that 
 Day those Thi-ee Provinces shall foi-m and be One Domi- 
 nion under that Name accordingly. 
 
 4. The subsequent Provisions of this Act shall, unless 
 it is otherwise expressed or implied, commence and have 
 effect on and after the Union, that is to say, on and after 
 the Day appointed for the Union taking effect in the 
 Queen's Proclamation ; and in the same Provisions, un- 
 less it is otherwise expressed or implied, the Name Can- 
 ada shall be taken to mean Canada as constituted under 
 this Act. 
 
 5. Canada shall oe divided into Four Provinces, named 
 Ontaiio, Quebec, Nova Scotia, and New Brunswick. 
 
 Provinces g. The Parts of the Province of Canada (as it exists at 
 andQuebec. the passing of this Act) which formerly constituted re- 
 spectively the Provinces of Upper Canada and Lower 
 Canada, shall be deemed to be severed, and shall form 
 Two Separate Pi'ovinces. The Part which formerly con- 
 stituted the Pi'ovince of Upper Canada shall constitute 
 the Province of Ontario ; and the Part which formerly 
 constituted the Province of Lower Canada shall consti- 
 tute the Province of Quebec. 
 
 Provinces 
 
 of Nova 
 Scotia and 
 New Bruns- 
 wick. 
 
 Decennial 
 Census. 
 
 7. The Provinces of Nova Scotia and New Brunswick 
 shall have the same Limits as at the passing of this Act. 
 
 8. In the general Census of the Population of Canada 
 which is hereby required to be taken in the Year One 
 thousand eight hundred and seventy-one, and in every 
 
BRITISH NORTH AMERICA ACT. 701 
 
 Tenth Year thereafter, the respective Populations of the 
 Four Provinces shall be distinguished. 
 
 III. — EXECUTIVE POWER. 
 
 9. The Executive Government and Authority of and Deciara- 
 over Canada is hereby declared to continue and be vested ExecuUvi- 
 
 in the Queen. Power in 
 
 the Queen. 
 
 10. The Provisions of this Act referring to the (iover- Appiica- 
 nor-General extend and apply to the Governor-General pJ^v?sions 
 for the Time being of Canada, or other the Chief Execu- [^*ijjj°«f 
 tive Officer or Administrator for the Time being carrying Governor 
 on the Government of Canada on behalf and in the Name ^^"®™'- 
 of the Queen, by whatever title he is designated. 
 
 11. There shall be a Council to aid and advise in the Gov- Constitu- 
 ernraent of Canada, to be styled the (Queen's Privy Coun-pHvy 
 
 cil for Canada ; and the Persons who are to be Members qJ^""5'* ^"'" 
 of that Council shall be from Time to Time chosen and 
 summoned by the Governor-General and sworn in as 
 Privy Councillors, and Members thereof may be from 
 Time to Time removed by the Governor-General. 
 
 12. All Powers, Authorities, and Functions which ^'i^r'^Actl 
 under any Act of the Parliament of Gi-eat Britain, or oftobeexer- 
 the Parliament of the United Kingdom of Great Britain Governor 
 and Ireland, or of the Legislature of Upper Canada, General 
 Lower Canada, Canada, Nova Scotia or New Brunswick, of Privy 
 are at the Union vested in or exercisable by the respective ^""Vi'il' 
 
 ^, T . i i /-I f. 1 -r-» ' • or alone. 
 
 Governorii or Lieutenant-Govei-nors.oi those Provinces, » 
 
 with the Advice, or with the Advice and Consent, of the 
 respective Executive Councils thereof, or in conjunction 
 with those Councils, or with any number of Members 
 thereof, or by those Govemoi's or Lieutenant-Governors 
 individually, shall, as far as the same continue in exist- 
 ence and capable of being exercised after the Union in 
 relation to the Government of Canada, be vested in and 
 exercisable by the Governor-General, with the Advice or 
 with the Advice and Consent of or in conjunction with 
 the Queen's Privy Council for Canada, or any Members 
 thereof, or by the Governor-General individually, as the 
 Case requires, subject nevertheless (except with respect 
 to such as exist under Acts of the Parliament of Great 
 Britain or of the Parliament of the United Kingdom of 
 Great Britain and Ireland) to be abolished or altered by 
 
 the Parliament of Canada. Applica- 
 
 tion of 
 
 13. The Provisions of this Act, refemng to the Gover-^fSf 
 nor-General in Council shall be construed as referring to t? Governor 
 
 " General in 
 Council. 
 
702 APPENDIX. 
 
 the Governor-General acting by and witli the A(ivice of 
 the Qucen'.s Privy Council for Canada. 
 
 S Hm ^^- ^^ ^^^^^^ ^^ lawiul tor the Queen, if Her Majesty 
 
 Alajestjto thinks tit, to authorize the Governor-General from Time 
 (iov'ornor ^^^ Time to appoint any Pei'son or any Per.sonm jointly or 
 (Jcnoraito severally to be his Deputy or Deputies within any Part 
 Deputies, or Parts of Canada, and in that Capacity to exercise 
 during the Pleasure of the Governor-General such of the 
 Powers, Authorities and Functions of the Governor-Gcn- 
 oral as the (rovernor-General deems it necessary or ex- 
 pedient to assign to him or them, subject to any Limita- 
 tions or Directions expi-essed or given by the Queen ; but 
 . the Appointment of such a Deputy or Deputies, shall not 
 aftect the Exercise by the Governor-General himself of 
 any Power, Authority, oi- Function. 
 
 ofArmed ^^' "^^^^ Command-in-Chief of the Land and Naval 
 Forces to Militia, and of all Naval and Military Forces, of and in 
 bc"vcst"ed\n ^'^"^^''' ^'^ hereby declared to continue and be vested in 
 
 the Queen, the QucCn. 
 
 Seat of 16. Until the Queen otherwise directs, the Seat of 
 
 ment'of Govcj'nment of Canada shall be Ottawa. 
 
 Canada. 
 
 IV. — LE(JrsLATIVE POWER. 
 
 Con^jtitu- It. There shall be One Pai'liament for Canada, consist- 
 Piiriiainf-pt i'^g of the Qucen, an Upper House styled the Senate, and 
 of Canada', the IIousc of Commons. 
 
 Privileges 18. The Pj'ivilcges, Immunities, and Powers to be 
 Houses. held, enjoyed and exercised by the Senate and by the 
 House of Commons, and by the Members thereof respec- 
 tively, shall be such as are from Time to Time defined by 
 Act of the Parliament of Canada, but so that the same 
 shall never exceed those at the passing of this Act held, 
 enjoyed, and exercised by the Commons House of Par- 
 liament of the United Kingdom of Great Britain and 
 Ireland, and by the Members thereof. 
 
 Jion of the 19- The Parliament of Canada shall bo called together 
 
 Parliament not later than Six Months alter the Union, 
 of Canada. 
 
 Yearly Ses- 20. There shall be a Session of the Parliament of 
 
 sion 01 the ^ , , . -^^ i m i 
 
 Parliament Canada once at least m every Year, so that Twelve 
 of Canada. Months shall not intervene between the last sitting of 
 
 the Parliament in one Session and its first Sitting in the 
 
 next Session. 
 
BRITISH NORTH AMERICA ACT. 703 
 
 The Senate. 
 
 21. The Senate ishall, Bubject to the Provisions of thisNumbrmf 
 Act, consist of Seventy-two Members, who shall be styled '''''"'^'*"'-'' 
 Senators. 
 
 22. In relation to the Constitution of the Senate, Can- ff.^f™'''^- 
 ada shall be deemed to consist of Three Divisions — Provinces 
 
 ^ r^ , . in Senate. 
 
 1. Ontario; 
 
 2. Quebec ; 
 
 3. The Maritime Provinces, Nova Scotia and Xew 
 Brunswick ; which Three Divisions shall (subject to the 
 I'rovisions of this Act) be equally I'oprcscnted in the 
 Senate as follows : Ontario by Twenty-four Senatoi-s ; 
 Quebec by Twenty-four Senators; and the Maritime Pro- 
 vinces by Twenty-four Senators, Twelve thereof repre- 
 senting Nova Scotia, and Twelve thereof representing 
 New Brunswick. 
 
 In the case of Quebec each of the Twenty-four Sena- 
 tors representing that Province shall be appointed for 
 one of the Twenty-four Electoral Divisions of Lower 
 Canada specified in Schedule A, to Chapter One of Con- 
 solidated Statutes of Canada. 
 
 23. The Qualifications of a Senator shall be as follows : ^UiJ^'J^"'"' 
 (1.) He shall be of the full Age of Thirty years. Senator. 
 (2.) He shall be either a Natural-born Subject of the 
 
 Queen, or a Subject of the Queen naturalized by 
 an Act of the Parliament of Great Britain, or of 
 the Parliament of the United Kingdom of Great 
 Britain and Ireland, or of the Legislature of One 
 of the Provinces of Upper Canada, Lower Canada, 
 Canada, Nova Scotia, or New Brunswick, before 
 the Union or of the Parliament of Canada after 
 the Union. 
 (3.) He shall be legally or equitably seized as of Free- 
 hold for his own Use and Benefit of Lands or 
 Tenements held in free and Common Socage, or 
 seized or possessed for his own use and Benefit of 
 Lands or Tenements held in Franc-alleu or in 
 Eoture, within the Province for which he is ap- 
 pointed, of the value of Four Thousand Dollars, 
 over and above all Rents, Dues, Debts, Charges, 
 Mortgages and Incumbrances due or payable out 
 of, or charged on or affecting the same ; 
 
 (4.) His Eeal and Personal Property shall be together 
 worth four Thousand Dollars over and above his 
 Debts and Liabilities ; 
 
704 
 
 APPENDIX. 
 
 Summon? 
 of Senator. 
 
 (5.) lie shall be rcsidcat in the Province for which ho 
 is appointed ; 
 
 (6.) In the Case of Qacboc, ho shall have his Real 
 Property qualitication in the Eloctoi'al Division 
 for which ho is appointed, or shall be resident in 
 that Division. 
 
 24. The Governor-General shall fiom Time 1o Time, 
 in the (Queen's Name, by Instrument under the Great 
 Seal of Canada, summon qualified j^ersons to the Senate ; 
 and, snbject to the Pj-ovisions of this Act, every person 
 so summoned shall become and bo a Member of the 
 Senate and a Senator. 
 
 Summons 25. Such persons shall be first summoned to the Senate 
 Hody^f as the Queen by Warrant under Her Majesty's Royal 
 Senators', gjg^i Manual thinl:s tit to approve, and theii" Names shall 
 be inserted in the Queen's Proclamation of Union. 
 
 Addition of 
 Senators 
 in certain 
 cases. 
 
 26. If at any Time, on the Recommendation of the 
 Governor-General, the Queen thinks fit to direct that 
 Three or Six Members be added to the Senate, the Gov- 
 ernoi--General may, by Summons to Three or Six Quali- 
 fied Persons (as the case ma}'- be), representing equally 
 the Three Divisions of Canada, add to the Senate accord- 
 ingly. 
 
 21. In case of such Addition being at any Time made, 
 the Governor-General shall not summon any Person to 
 the Senate, except on a further like Direction by the 
 Queen on the like Recommendation, until each of the 
 Three Divisions of Canada is represented by Twenty-four 
 Senators, and no more. 
 
 Maximum 28. The Number of Senators shall not at any time ex- 
 Seimtore" cood Scvonty-Elight. 
 
 Reduction 
 of Senate 
 to normal 
 number. 
 
 Tenure of 
 ^lace in 
 Senate. 
 
 Resigna- 
 tion of 
 place in 
 Senate. 
 
 Disqualifi- 
 cation of 
 Senators. 
 
 29. A Senator shall, subject to the Provisions of this 
 Act, hold his place in the Senate for life. 
 
 30. A Senator may, by writing under his hand, 
 addressed to the Governor-General, resign his place in 
 the Senate, and thei-eupon the same shall be vacant. 
 
 31. The Place of a Senator shall become vacant in any 
 of the following cases : — 
 
 (1.) If for Two Consecutive Sessions of the Parliament 
 he fails to give his Attendance in the Senate : 
 
 (2.) If he takes an Oath or makes a Declaration or 
 Acknowledgment of Allegiance, Obedience oi- 
 
BRITISH NORTH AMERICA ACT. 705 
 
 Adherence to a Foreign Power, or doen an Act 
 whereby he hecomcH a Subject or Citizen, or enti- 
 tled to the Rightrt or Privileges of a Subject or 
 Citizen of a Foreign Power : 
 (3.) If he is adjudged Banki'upt or Insolvent, or ap- 
 plies for the benefit of any Law relating to Insol- 
 vent debtors, or becomes a public defaulter : 
 
 (4.) If he is attainted of Treason, or convicted of Fe- 
 lony or of any infamous Ciinie: 
 
 (5.) If he ceases to be (jualitied in respect of Property 
 or of llesidencc ; provided that a Senator shall not 
 be deemed to have ceased to be qualiticd in respect 
 of Residence by reason only of his residing at the 
 Seat of Government of Canada while holding an 
 Office under that Government requiring his Pre- 
 sence there. 
 
 o2. When a Vacancy happens in the Senate, by R^sig- S^™™^"'^. 
 nation, Death or otherwise, the Governor-General shall, in Senate. 
 by Summons to a tit and qualiticd Person, till the Va- 
 cancy. 
 
 33. If any Question arises respecting the Qualification I^"to%"aii- 
 of a Senator or a Vacancy in the Senate, the same shall fications 
 be heard and determined by the Senate. ciesin'^"^ 
 
 Senate. 
 
 34. The Governor-General may from Time to Time, Appoint- 
 by Instrument under the Great Seal of Canada, appoint slfc'aker of 
 a Senator to be Speaker of the Senate, and may remove Senate. 
 him and appoint another in his Stead. 
 
 35. Until the Parliament of Canada otherwise pro- Quorum of 
 vides, the Presence of at least Fifteen Senators, including ^"***'- 
 the Speaker, shall be necessary to constitute a Meeting of 
 
 the Senate for the exercise of its Powers. 
 
 36. Questions arising in the Senate shall be decided by Voting in 
 a majority of Voices, and the Speaker shall in all Cases 
 
 have a Vote, and when the voices are equal the Decision 
 shall be deemed to be in the Negative. 
 
 -'&* 
 
 The House of Commons. 
 
 3*7. The House of Commons shall, subject to the Pi'O- Jjo^sJ^^*"^- 
 visions of this Act, consist of One hundred and eighty- House of 
 one Members, of whom Eighty-two shall be elected for fjj*^™^^ 
 Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, 
 and Fifteen for New Brunswick. 
 
706 Apricxnix. 
 
 Siiiiimon- 38. Tlio (jiovernor-Clonei'iil sluill from Timo to Time, 
 House of '" ^^^ (iuoeii's Namo, by Insti-iiment un<UM- Iho (rroat 
 Uomniorn". Soiil of (Jana<l:t, summon and call to<^otlHM' the House of 
 Commontt. 
 
 Stnatord -{O. A Sutiatoi" shall not be capable of beini^ elected or 
 
 nouscot'" of sitting or voting as a Member of the House ot Coni- 
 (.'ommoiiH. moiis 
 
 Electoral 40. Until the Pailiamont of Canada otherwise provides, 
 /)f'tho*f\mr Ontario, Quebec, Nova Scotia and New IJrunswick shall. 
 ProvinccH, for tlu"* PurposoH of the Election ot Members to servo in 
 the House of Commons, be divided into Electoral Dis- 
 tricts as follows : — 
 
 1.— ONTARIO. 
 
 Ontario shall l)e divided into the Counties, Ridings of 
 Counties, Cities, Parts of Cities, and Towns enumerated 
 in the First Schedule to thim Act, each whereof shall be 
 an Electoral District, each such District as numbered in 
 that Schedule beini; entitled to rotuin One ]\[ember. 
 
 '& 
 
 2.— QUEBEC. 
 
 Quebec shall be divided into Sixty-five Electoral Dis- 
 tricts, composed of the Sixty-five Electoral Divisionsinto 
 which Lower Canada is at the passing of this Actdivided 
 under Chapter Two of the Consolidated Statutes of Can- 
 ada, Chapter Seventy-five of the Consolidated Statutes for 
 Lower Canada, and the Act of the Province of Ctmada 
 of the Twentj'-third year of the Queen, Chapter One, or 
 any other Act amending the same in force at the Union, 
 so that each such Electoral Division shall bo for the 
 Purposes of this Act an Electoi-al District entitled to re- 
 turn One Member. 
 
 3.-N0YA SCOTIA. 
 
 Each of the Eighteen Counties of Nova Scotia shall be 
 anElectojal District. The County of Halifax shall be 
 entitled to return Two Members, and each of the other 
 Counties One Member. 
 
 4.— NEW BRUNSWICK. 
 
 Each of the Fourteen Counties into which New Bruns- 
 wick is divided, including the City and County of St. 
 John, shall be an Electoral District. The City of St. 
 
liRlTlSlI SOUTH AMERICA ACT. 707 
 
 John shall also ho a .separate Fileetoi-al Bisti'iet. Kach 
 of those Fifteen Electoral Districts shall lie entitled to 
 return One ^feniber. 
 
 41. Until the Parliaincntof Canailaotherwiso provides, <'""ti"«>- 
 i\\\ Laws in loi-co in the several Pi-ovinces at the Utuon!'."'iTtii'ii: 
 rcdativ(^ to the followini; Matteis or anvof tlieni, nanielv, j"'i«'<''i"" 
 
 I I'i- • 1 I «• !■<• • .•!> •' lj:av« until 
 
 — the (^ualiiK-atuMis and i-)is(juaiitications ot I'ei'sons to L»c l'arii:iiii<'iii 
 elected <;r to sit or vote us ^[embers of the House of As- ,"||Jj',"J,'j^||' 
 sombly or Lei^islative Assembly in the several Provinces, I'lcvid-j. 
 the Voters at Elections of such Members, ilie Oaths to 
 be taken by Voters, tlu- lleturning OtUcers, their Powers 
 and Duties, the Pi'oceeilings at Elections, the Periods 
 duriuii; whidi Elections may lie continued, the Trial of 
 Conti-ovei-ted Elections and Proeeediiii^s, incident thereto, 
 the vacatiniz; of Seats of Members, and the Execution of 
 now Writs, in case of Seats vacated otherwise than by 
 Dissolution, — shall res^tectively apply to Elections of 
 Membei-s to serve in the House of Commons for tht; same 
 several Trovinces. 
 
 Provided that, until the Parliament of Canada other- Vn.\ is., is 
 wise provi<los, at any Election for a Member of the House '"'^'*"'"'"'* 
 of Commons for the District of Algoma, in addition to 
 Persons qualitied by the Law of the Province of Canada 
 to vote, every male British Subject, aged Twenty-one 
 Years or upwards, b(ung a Householder, shall have a 
 Vote. 
 
 42. For the First Election of Members to serve in the >V'rits i'..r 
 House of Commons the Governor-General shall cause Ek-etion, 
 Writs to be issued by such Pei'son, in such Form and 
 addressed to such Returning OfHcers as he thinks tit. 
 
 The Person issuing AV^rits under this Section shall have 
 the like Powers as are possessed at the Union by the 
 Officers charged with the issuing of Writs for the Elec- 
 tion of Members to serve in the respective House of 
 Assembly or Legislative Assembly of the Province of 
 Canada, Nova Scotia or New Brunswick; and the Re- 
 turning Officers to whom Writs are directed under this 
 Section shall have the like Powei's as are possessed at the 
 Union by the Otficei-s charged with the returning of 
 Writs for the Election of Members to serve in the same 
 respective House of Assembly or Legislative Assembly. 
 
 43. In case a vacancy in the Representation in the As toCasmU 
 House of Commons of any Electoral District happens ^"^^'*'°*^"^** 
 before the Meeting of the Parliament, or after the Meet- 
 ing of the Parliament before Provision is made by the 
 
 45 
 
•708 
 
 APPENDIX. 
 
 ParlianuMil in this Behalf, the Provisions of the lastfoi-o- 
 goin<^ Section of tliis Act shall extend and apply to the 
 issuini; and retui-nini^ of a Writ in respect of such vacant 
 District. 
 
 As to i;icc 
 
 tioii ol 
 
 i^poakor ti 
 pretiido. 
 
 Provisidii 
 in case of 
 abscneo of 
 Siieakor. 
 
 44. The House of ('oinmons, on its tirst assembling 
 Spc'ikorof after a genei-al I'^lcction, shall proceed with all jtractica- 
 Commoi' * '^'^^ Speed to elect One of its JMembers to he Speaker. 
 
 AsfoiiiiiiiK "l''^- In t"iso of a Vacancy happening!; in the Office of 
 I'l'Vaeancy Speaker, by Death, Jtesiii; nation or otherwise, the House 
 SpcakiT.' of Conunons shall, with all practicable S))eed. ])roceod to 
 elect another of its Membei's to be Speaker. 
 
 4(). The Speaker shall preside at all ]\[eetings of the 
 House of Commons. 
 
 47. iMitil the Parliament of Canada otherwise pi'o- 
 vides, in case of the Absence, for any Peason, of the 
 S])eaker from the Chaii-of the House of Commons for a 
 period of F(u-ty-Eight Consecutive Hours, the House ma}* 
 elect anothei" of its Members to act as Sjieaker, and the 
 Member so elected shall, during the Continuance of such 
 Absence of the Si)eaker, have and execute all the Powers, 
 Pi'ivileges and Duties of Speaker. 
 
 48. The Presence of at least Twenty Members of the 
 House of Commons shall be necessary to constitute a 
 Meeting of the House for the Exercise of its Powers ; 
 and for that Purpose the Speaker shall be i-cckoned as a 
 Member. 
 
 49. Questions arising in the House of Commons shall 
 be decided by a Majority of Voices other than that of the 
 Speaker, and when the Voices are ec[ual, but not other- 
 wise, the Speaker shall have a Vote. 
 
 Duration of 50. Every House of Commons shall continue for Five 
 c ^'uirnons ^"^^i"S from the day of the Peturn of the Writs for choos- 
 ing the House (subject to be sooner dissolved by the 
 Grovcrnor-General), and no longer. 
 
 (Jiioruni of 
 House of 
 Couiinons. 
 
 Votinp in 
 House of 
 Commons. 
 
 Decennial 
 Readjust- 
 ment of 
 Represen- 
 tation. 
 
 51. On the completion of the Census in the Year one 
 thousand eight hundred and seventy-one, and of each 
 subsequent decennial Census, the Eepresentation of the 
 Four Provinces shall be readjusted by such Authority, 
 in such a manner, and from such time as the Parliament 
 of Canada from Time to Time provides, subject and ac- 
 cording to the following Rules : — 
 
 (1.) Quebec shall have the fixed dumber of Sixty-five 
 Members : 
 
BRITISH NORTH AMERICA ACT. 
 
 109 
 
 (2.) Thoi-c shall l)c assigned to each of the other Pi-o- 
 vinces such a iiumher ot'Mcmhers as will hear the 
 Bumo Proportion to the Number of its Population 
 (ascertained at such Census) as the Numher Sixty- 
 five hears to the Nuniher of the Pojuihition of 
 Quehec, (so ascei-tained) : 
 
 (3.) In the (computation of the Xumher of Memhers 
 for a Pi-ovinee a fractional Pai't not exceeding 
 One-half of the whole numher j'C(|uisite for entitl- 
 ing the Province to a ]\remhei- shall ho disre- 
 garded; hut a fractional Part exceeding One-half 
 of that numhei- shall he equivalent to the whole 
 numher : 
 
 (4.) On any such Readjustment the Xumhoi" of Mem- 
 bers for a Province shall not he i-educed uidessthe 
 Pj'Oportion which the immhcr of the Pojiulalion 
 of the Province bore to the Number of the a<i'<rre- 
 gate ])opulation of Canada at the then last preced- 
 ing lieadjnstment of the Numhei- of Membei-s for 
 the Pjovince is ascertained at the then latest 
 Census to be diminished by One-Twentieth Part 
 or upwards : 
 
 (5.) Such Peadjustment shall not lake effect until the 
 Termination of the then existing Pai-liament. 
 
 52. The Number of Members of the House of Commons Increase of 
 may be from Time to Time increased by the Parliament a^'use^of^* 
 of Canada, provided the proportionate Representation of^""i°^*^"^- 
 the Provdnce prescribed by this Act is not thereby dis- 
 turbed. 
 
 Money VoUs ; Royal Assent. 
 
 53. Bills for 
 
 ? for appropriating any part of the Public Re- Appropri- 
 venue, or for imposing any Tax or Impost, shall origi-TuxBTik 
 natc in the House of Commons. 
 
 54. It shall not be lawful for the House of Commons Recom- 
 to adopt or pass any Yote, Resolution, Address, or Bill "J^^^o^e"," 
 for the Appropriation of any Part of the Public Revenue, ^"tes. 
 
 or of an}' Tax or Impost, to any Purpose, that has not 
 been fii-st recommended to that House by Message of the 
 Governor-General in the Session in which such Vote, 
 Resolution, Address, oi- Bill is proposed. 
 
 55. Where a Bill passed by the Houses of the Parlia- Royal 
 ment is presented to the Governor-General for the Queen's Buls^irc. 
 Assent, he shall declare, according to his discretion, but 
 subject to the Provisions of this Act and to Her Majesty's 
 
710 
 
 APPENDIX. 
 
 Disallow- 
 ance by 
 Order in 
 Council of 
 Act assent- 
 ed to by 
 (governor 
 (Jcneral. 
 
 Significa- 
 tion of 
 Queen's 
 pleasure 
 on Bill 
 reserved. 
 
 Instructions, cither that he assents thereto in the Queen's 
 Name, or that ho withholds the Queen's Assent, or that 
 he resei'vcs the Bill for the Signitleation of the Queen's 
 Pleasure. 
 
 56. Where the Govei'nor-(4eneral assents to a Bill in 
 the Queen's Xanie, ho shall \>y the tii-st convenient O])- 
 2)ortunity send an authentic Cop}- of the Act to One of 
 Her ^lajosty's Principal Socrotaiios of State, and if the 
 Queen in Council within Two Yoai-s after receipt thereof 
 by the Secretary ol' State thinks tit to disallow the Act, 
 such Disallowance (with a certiticate of the Secretary of 
 State of the Di\y on which the Act was j-oceived by him) 
 being sigiiitied by the Govoi'nor-Goneral, by speech or 
 Messaijje to eacli of the Houses of the Parliament or bv 
 Proclamation, shall annul the Act from and after the 
 Day of such Signitication. 
 
 57. A Bill reserved for the Signitication of the Queen's 
 Pleasure shall not have any Force unless and until wdthin 
 Two Years from the day on which it was presented to 
 the Governor-General for the (Queen's Assent, the Gov- 
 ernor-General signities, by Speech or Message to each of 
 the Houses of the Parliament or b}" Proclamation, that 
 it has received the assent of the Queen in Council. 
 
 An Entry of every such Speech, Message, or Proclama- 
 tion shall be made in the Journal of each House, and a 
 Duplicate thei-eof duly attested shall be delivered to the 
 proper officer to be kept among the Records of Canada. 
 
 V. — PROVINCIAL CONSTITUTIONS. 
 
 Executive Power. 
 
 Appoint- 58. For each Province there shall be an Officer, styled 
 
 mciitj 01 
 
 Lieutenant the Lieutonant-Governor, appointed by the Governor- 
 of'pr™*''^ General in Council by Instrument under the Great Seal 
 vinces. of Canada. 
 
 Tenure of 59. A Lieutenant-Governor shall hold Office during 
 Lieutenant ^^^ Pleasure of the Governor-General ; but any Lieuten- 
 Governor. ant-Govornor api)ointed after the Commencement of the 
 First Session of the Parliament of Canada shall not bo 
 removeable within Five Years from his Appointment, 
 except for cause assigned, which shall be communicated 
 to him in Writing within One Month after the Order for 
 his Removal is made, and shall be communicated by 
 Message to the Senate and to the House of Commons 
 within One Week thereafter if the Parliament is then 
 
BRITISH NORTH AMERICA ACT. *711 
 
 sitting, and if not then within One week after the Com- 
 mencement of the next Session of tlie Parliament. 
 
 60. The Sahu-ies of the Lieiitenant-rrovernors shall be Salaries of 
 fixed and provided b}' the Parliament of Canada. Governcri! 
 
 01. Every Lieutenant-Governor ishall. before assuming Oaths, Ac, 
 the Duties of his office, make and subscribe before tbe "/o^ep"^®"'* 
 Governor-General or some Person authorized by him. 
 Oaths of Allegiance and Office similar to those taken by 
 the Governor General. 
 
 62. The Provisions of this Act referring to the Lieu- Application 
 tenant-Governor extend and apply to the Lieutenant- giofj^^fg^. 
 (fovernor for the Time being of each Province or other rins to 
 the Chief Executive Officer or Administrator for the Time Kmifr"^ 
 being carrying on the Government of the Pj-ovince, by 
 whatever Title he is designated. 
 
 63. The Executive Council of Ontario and Quebec shall Appoint- 
 be composed of such Persons as the Lieutenant-Governor ExecuUve 
 from Time to Time thinks fit, and in the first instance of offers for 
 the following Officers namely, the Attorney-General, the Quebec. 
 Secretary and Registrar of the Province, the Treasurer 
 
 of the Province, the Commissioner of Ci-own Lands, and 
 the Commissioner of Agriculture and Public AYorks, 
 with in Quebec, the Speaker of the Legislative Council 
 and the Solicitor General. 
 
 64. The Constitution of the Executive Authority in Executive 
 each of the Pj-ovinces of Nova Scotia and New Bruns- ment'of 
 wick shall, subject to the Provisions of this Act. continue Nova Scotia 
 as it exists at the L^nion until altered under the Autho- irunswYck. 
 rity of this Act. 
 
 65. All Powers, Authorities, and Functions which P^^^^r^ to 
 under any Act of the Parliament of Great Britain, or of eised by 
 the Parliament of the United Kingdom of Great Britain ^;f,"Jf„"o*r"^ 
 and Ireland, or of the Legislature of Uppei- C<i nada, of Ontario 
 Lower Canada, or Canada, were or are before or at the with advfce 
 LTnion vested in or exerciseable by the respective Gov- or alone, 
 ernors or Lieutenant-Governors of those Provinces, with 
 
 the Advice, or with the Advice and Consent, of the re- 
 spective Executive Councils thereof, or in conjunction 
 with those Councils or with any Number of Members 
 thereof, or by those Governors or Lieutenant-Governors 
 individually shall, as far as the same are capable of being 
 exercised after the Union in relation to the Government 
 of Ontario and Quebec respectively, be vested in and 
 shall or may be exercised by the Lieutenant-Governor of 
 
112 APPENDIX. 
 
 Ontario and Quebec respectively, with the Advice, or 
 witli tlie Advice and Consent of, oi* in conjunction witli 
 the I'cspective Kxecutive Councils or any .Members 
 thereof, or by the Lieutcnant-Crovernor individually, as 
 the Case i-equires, subject nevertheless, (except with re- 
 spect to such as exist under Acts of the Parliament of 
 (rreat Britain, or of the 'Parliament of the United Ivin<i;- 
 dom of Great Britain and Ireland), to be abolished oi- al- 
 tered by the respective Legislatures of Ontario and 
 (Quebec. 
 
 {■Z^lf- (5(). The Provisions of this jSct retcrring to the Lieu- 
 provisions tenant-Governor in Council shall he construed as refer- 
 Lieutenant I'l'ig to the Laeutenant-lrovernor ot th(^ Province actmg 
 CoimciT'"^*}' '"^'' with the Advice of the Kxecutive Council thereof. 
 
 traMon^iii **^' "^'^^ (Tovernor-Genei'al in Council may from Time 
 absence, to Time ajipoint an Administrator to execute the Oflice 
 Lfeutenant '^'^'^ Functions of Lieutenant-Governor during his Ab- 
 (Jovernor. scncc. Illness, or othei" Inability. 
 
 s^tsof Qg_ I'ldess and until the Executive Government of any 
 
 Provincial -r,. ,, ... ., , i i rk • 
 
 Govern- Province otherwise directs with respect to that Province, 
 
 "^^"'^' the Seats of Government of the Provinces shall be as 
 
 follows namely, — of Ontario, the City of Toronto; of 
 
 Quebec, the City of Quebec ; of Xova Scotia, the City of 
 
 Halifax; and of New Brunswick, the City of Freder- 
 
 icton. 
 
 Legislative Power. 
 
 1.— ONTAEIO. 
 
 Legislature b'9. There shall be a Legislature for Ontario consisting 
 for Ontario, ^^f ^^-^^^ Lieutenaiit-Goveinor and of One House, styled the 
 Legislative Assembly of Ontario. 
 
 Electoral *70. The Legislative Assembly of Ontario shall be cora- 
 istncts. poggj of Eighty-two Members, to be elected to represent 
 the Eighty-two Electoral Districts set forth in the First 
 Schedule to this Act. 
 
 2.-QUEBEC. 
 
 Legislature 71. Thei'C shall be a Legislature for Quebec, consisting 
 of the Lieutenant-Governor and Two Houses, styled the 
 Legislative Council of Quebec and the Legislative Assem- 
 bly of Quebec. 
 
 Constitu- 72. The Legislative Council of Quebec shall be corn- 
 Legislative posed of Twenty -four Members, to be appointed by the 
 
 Council. 
 
nniTISH NORTH AMERICA ACT. 
 
 713 
 
 Lieutcnantrjovoi'noi' In tlie Queen's Name hy Instiiiment 
 under llie (Jreat Seal of (^uehee, one beinii; a|)j)ointed to 
 represent eaeh of tlie Twenty-tour Electoial l)i visions of 
 Lower Canada in this Act referred to, and eacli holding 
 Office for the Term of his Life, unless the Let!;islaturo ol 
 Quebec otherwise provides under the Provisions of this 
 Act. 
 
 73. The Qualitications of the Le-dshitive Councillors of Q"" ''')''•'' 
 
 /-w I 1 11 I 1 I'll . '"'" "' 
 
 (Quebec shall he the same as those ot the f^enators tor t^Ti-iativo 
 
 Quebec. S(};:; 
 
 74. The Place of a Legislative Councillor of Quebec J^esipnu- 
 shall become vacant in the Cases, niufatis 'inutdiuds, ini,u?iViti(':i- 
 which the Place <»f Senator becomes vacant. iion..v.-. 
 
 75. When a vacancy happens in the Legislative Coun-^"'^'"'*^"'-'' 
 cil of (Quebec by Ilesignation, Death, oi" otherwise, the 
 Lieutenant-Clovernor, in the (Queen's name, by Instru- 
 ment under the Great Seal of (Quebec, shall ap]>oint a tit 
 
 and qualitied Person to till the Vacancy. 
 
 70. If any (hiestion arises resi^cctinic the {)nalification^i"'^\'J""'^ 
 ot a JiCgislative Counculoi- ot (Quebec, or a vacancy m cios, i-e. 
 the Legislative Council of Quebec, the same shall be 
 heard and determined by the Legislative Council. 
 
 77. The Lieutenant-Governor may, Irom Time to Time, '^I't-'akerof 
 by Instrument under the Great Seal of (Quebec, a p[)oint Council. 
 
 a Member of the Legislative Council of (Quebec to be 
 Speaker thereof, and may remove iiim and appoint 
 another in his Stead. 
 
 78. I'ntil the Legislature of Quebec otherwise pro- p'''^"""""' "*" 
 vides, the Pi-esence of at least Ten Members of the Council. 
 Legislative Council, including the Speaker, shall be 
 necessary to constitute a Meeting for the Exercise of its 
 Powers. 
 
 79. Questions arising in the Legislative Council ofLegisifithe 
 Quebec shall be decided by a Majority of Voices, and^*'""^''- 
 the Speakei- shall in all cases have a Vote, and when 
 
 the Voices aie equal the Decision shall be deemed to 
 be in the negative. 
 
 80. The Legislative Assembly of Quebec shall be oom-^P^^if' 
 posed of Sixty-tive Members, to be elected to represent i-icgisiative 
 the Sixty-five Electoral Divisions or Districts of Lower ;VQuebec. 
 Canada in this Act referred to, subject to Alteration 
 thereof by the Legislature of Quebec : Pivn'ided that it 
 
 I 
 
1U 
 
 APPENDIX. 
 
 shall not be hnvful to present to the Lieutenant-Governor 
 of Quehec for Assent any Bill for altei-ing the LimitH of 
 any of the Electoral Divisions or Districts mentioned in 
 the Second Sched.-.le to this Act, unless the Second and 
 Third Eeadings of such Bill have lieen ])asscd in the 
 Legislative Asseml»ly with the Concuii-ence of the 
 Majority of the Members representing all those Elec- 
 toral Divisions or Districts, and the Assent shall not be 
 given to such JJill unless an Address has been presented 
 by the Legislative Assembly to the Lieutenant-dovernor 
 stating that it has been so passed. 
 
 3.— ONTAIilO AND QUEBEC. 
 First Hes- 81. The Legislatures of Ontario and Quel»ec i-espec- 
 
 sion of ^ ^ 1 
 
 LeKisia- tivcly shall be called together not later than Six Months 
 tures. j^i^ej. ^\^Q Union. 
 
 Summon- 82. The Lieutenant-Governor of tJnlario and <^f Quebec 
 LeKh<iiitive ^hall, fi'om time to time, in the (Queen's Name, by 
 Assemblies Instrument under the Great Seal of the Province, sum- 
 mon and call together the Lei>:islative Assembly of the 
 Province, 
 
 Rcshiction 83. Until the Legislature of Ontario or of Quebec 
 
 on election ,, . ■ i ii x- i i i- • 
 
 of holders otherwise provides, a Pei-on accepting or holding in 
 of offices. Ontario or in Quebec, any Ottlce, Commission orEmplo3'- 
 ment, permanent or tem])orary, at the nomination of the 
 Lieutenant-Governor, to which an annual Salarv, or anv 
 Fee^ Allowance. Emolument or protit of any kind or 
 Amount whatever from the Province is attached, shall 
 not be eligible as a Member of the Legislative Assembly 
 of the respective Province nor shall he sit or vote as 
 such ; but nothing in this Section shall make ineligible 
 any Person being a Member of the Executive Council of 
 the respective Province, or holding any of the following 
 offices, that is to say, the offices of Attorney-General, 
 Secretary and liegistrar of t'..e Province, Treasurer of 
 the Province, Commissioner of Crown Lands, and Com- 
 missioner of Agriculture and Public Works, and in 
 Quebec Solicitor-Genei'al, or shall disquality him to sit or 
 vote in the House tor which he is elected, provided he is 
 elected Avhile holdinir such office. 
 
 Continu- 
 ance of 
 existing 
 election 
 laws. 
 
 84. Until the Legislatures of Ontario and Quebec 
 respectively otherwise provide, all Laws which at the 
 Union are in force in those Provinces respectively, 
 relative to the lollowing matters or any of them, 
 namely, — the Qualifications and Disqualifications ot 
 Persons to be elected to sit or vote as Members of the 
 
BRITISH NORTH AMERICA ACT. 7lo 
 
 Assembly of C^iiniida, the Qualifications or Disqiialitiea- 
 tions of Voters, the Oaths to he taken hv Yotei-s, the 
 Retiu'ninii; Otiicers, thoh' Powers and Duties, the Proceed- 
 ings at Elections, the Periods dui-ing which such Elections 
 mav l)e continued, and the trial of Controverted Elections 
 and the Proceedings incident thereto, the vacating of the 
 Seats of Members, and the issuing and execution of now 
 Writs in case of Seats vacated otherwise than bv Dis- 
 solution, shall respectively' apply to Elections of Members 
 to serve in the respective Legislative Assemblies of 
 Ontario and Quebec. 
 
 Provided that until the Legislature of Ontario other- J'''".^'*'"' ^3 
 
 • 1 J T-ii ^- ,. nr 1 ,. -1 to Algoma. 
 
 Wise provides, at any Llection tor a Member ot the 
 
 Legislative Assembly of Ontario foi- the District of 
 
 Algoma, in addition to persons (jualitied by the Law of 
 
 the Province of Canada to vote, every male British 
 
 Subject aged Twenty-one Years or upwards, being a 
 
 Householder, shall have a Vote. 
 
 85. Everv Legislative Assembly of Ontario and every [''"■.■•^I'on of 
 Legislative Assembly of Quebec shall continue for Four Assemblies. 
 Years from the Day ot the lieturn of the Writs for 
 <;hoosing the same (eubject, nevertheless, to cither the 
 Legislative Assembly of Ontario or the Legislative 
 Assembly of Quebec being sooner dissolved by the 
 Lieutenant-Governor of the Province), and no longer. 
 
 8G. There shall bo a Session of the Legislature of V^j'j'y ^ 
 OntJi'io and of that of Quebec once at least in every Lc ids - 
 Year, so that Twelve Months shall not intervene between injure. 
 the last Sitting of the Legislature in each Province in 
 one Session and its tirst sitting in the next Session. 
 
 87. The following Pj'ovisions of this Act I'especting ''^i^'J:i;^^'",^^ 
 the House of Commons of Canada, shall extend and apply 
 
 to the Legislative Assemblies of Ontario and Quebec. 
 that is to sav, — the Provisions relating to the Election 
 of a Speaker originally and on Vacancies, the Duties of 
 the Speaker, the Absence of the Speaker, the Quorum, 
 and to the Motle of Voting, as if those Provisions woi-c 
 here re-enacted and made applicable in terms to each 
 such Legislative Assembly. 
 
 4._]SroyA SCOTLV AXD XEW BEUXSWICK. 
 
 88. The Constitution of the Legislature of each of the ^^^'t'V"" 
 Provinces ot JNova Scotia and iNew Jorunswick shall, Legis- 
 fiubject to the Provisions of this Act, continue as it jvovricotia 
 exists at the Union until altered under the Authority ofi'ndNew 
 
 '' Brunswick. 
 
IK) 
 
 APPENDTX. 
 
 this Act ; and the llouso ot'Assenilily ofNow linin.swii'k 
 existing at the ])as>ini^ of tlii.s Act ^hall, unless sooner 
 dissolved, continne for the pciiod for which it was 
 elected. 
 
 First 
 election?. 
 
 .-).— OXTAIMO, t/UKBKC AND NOVA SCOTIA. 
 
 SO. I']ach of the Lieutcnnnt-tiovei-nors of Ontiirio, 
 (^lichee, and Novjl Scotia, shall cause Writs to be issued 
 for the tlrsl Election of .Memhers of the Lei^'islutive As- 
 semblj' thereof in such Form and I»y sucdi L'erson as he 
 thinks tit, and at such I'inie and ad<hes>cd to such IJe- 
 turniui;- Otliccir as the (iovernor-(ieiiei'al directs, and >o 
 that the first Election of Member of Assembly for any 
 Electoral District or any Subdivision thei-eof shall be held 
 at the same Time and at the same Places as the b^lcction 
 foi- a Member to sei've in the House of Commons of Can- 
 ada for that Electoral District. 
 
 Applica- 
 tion to 
 Ijegislii- 
 tures of 
 provisions 
 respecting 
 money 
 vote?, Ac. 
 
 (;.— TIIK FOUII PIJOVINCKS. 
 
 DO. The following Provisions of ihis Act respecting the 
 Parliament of Canada, namely, — the Provisions relating 
 to Appro])i'iation and Tax Bills, the Pecommendation of 
 3loney Votes, tlic Assent to Bills, the Disjillowance of 
 Acts and the Signitication of Pleasure on Bills reserved. 
 — shall exterxl and apply to the Legislatures of the sev- 
 eral Pi-ovinces as if those Provi^ions were here re-enacted 
 and made applicable in Teims to the respective Pro- 
 vinces and the Legislatures thei'eof, witli the vSubstitu- 
 tion of the Lientenant-tiovernor of the Province for the 
 Governor-! loneral, of the ( Jovernor-tieueral for tlic Queen, 
 and for a Secretary of State, of One Year for Two Vears^ 
 and of the Province for Canada. 
 
 Legislative 
 Authority 
 of Parlia- 
 ment of 
 Canadii. 
 
 Vr. — DISTRIBUTION OF LEGISLATIVE I'^vERS. 
 
 Powers of the Parliament. 
 
 OL It shall be hiwful for the Queen, by and with the 
 Advice and Consent of the Senate and House of Com- 
 mons, to make Laws for the Peace, Order and Good Gov- 
 ernment of Canada in rehition to all Matters not coming 
 within the Classes of Subjects by this Act assigned exclu- 
 sively to the Legislatures of the Provinces; and for 
 greater certainty, but not so as to restrict the Generality 
 of the foregoing Terms of this Section, it is hereby de- 
 clared that (notwithstanding anything in this Act) the 
 exclusive Legislative Authority of the Parliament of 
 
imiTISlI NORTH AMERICA ACT. Ill 
 
 Canada extends to all Matters coming within the Classes 
 of Siibjocts next hereinaftoi- enmnoratod, that is to say : 
 
 1. The Puhlie J)ei)t and Property. 
 
 2. The Regulation of Trade and Commoi-co. 
 
 3. The liaising of Money hy any Mode or System of 
 
 Taxation. 
 
 4. The bori-owing of ^fonc^y on the Public Credit. 
 Ti. Postal Service. 
 
 (). The Census and Statistics. 
 
 7. Militia, Military and Xaval Service and Defence. 
 
 8. The tixing of and pi-oviding for the Salaries and 
 
 Allowances ot' Civil and other Otficers of the 
 Government of Canada. 
 
 9. Beacons, Buoys, Lighthouses and Sable Island. 
 
 10. Navigation and Shipping. 
 
 11. (^tuirantine and the J\stablishmcnt and Mainte- 
 
 nance of .\[ai-ine iros]>itals. 
 
 12. Sea Coast and Inland Fisheries. 
 
 13. Ferries between a Province and any British or 
 
 Foreign Country, or between Two Provinces. 
 
 14. Currency and Coinage. 
 
 15. Banking, Incoi-poration of Banks and the Tssne of 
 
 Paper Money. 
 
 16. Savings Banks. 
 
 17. Weights and Measures. 
 
 18. Bills of Exchange and Pi'cmissory Notes. 
 
 19. Interest. 
 
 20. Legal Tender. 
 
 21. Bankruptcy and Insolvency. 
 
 22. Patents of Invention and Discovery. 
 
 23. Copyrights. 
 
 24. Indians and Lands reserved for the Indians. 
 
 25. Naturalization and Aliens, 
 
 26. Mari'iage and Divorce. 
 
 27. The Criminal Law, except the Constitution of the 
 
 Courts of Criminal Jurisdiction, but including 
 the Proceduie in Criminal Matters. 
 
 28. The Establishment, Maintenance and Management 
 
 of Penitentiaries. 
 
 29. Such Classes of Subjects as are expressly excepted 
 
 in the Enumeration of the Classes of Subjects 
 by this Act assigned exclusively to the Legisla- 
 tures of the Provinces. 
 
*718 APPEXDIX. 
 
 And any Matter comiiii^ witliiii any of tlio ClaHscH of 
 Sul)je<'ts enumenitod in this Section nhall not bo decmo<l 
 to come within tlio Class of Matters of a local or private 
 Nature cornpi-isetl in the Ennnieration of the Classes of 
 Subjects by this Act assii^ned exclusively to the Legisla- 
 tures of the Provinces. 
 
 Exclusive Powers of Provincial Legislatures. 
 
 cxciZlvf ^-- I" ^''^'* Province the Legislature may exclusively 
 Proyiiiciai makc Laws in relation to ^[attei's coming within the 
 ^'^'■^ '**"'"■ Classes of Subjects next hereinafter enumerated ; that is 
 to say : — 
 
 1. The Amendment from Time to Time, notwith- 
 
 standing anything in this Act, of the Constitu- 
 tion of the Pi'ovince, except as regards the 
 OHice of Lieutenant-Governor. 
 
 2. Dii'ect Taxation within the Pi-ovince in order to 
 
 the raising ot a Revenue for Provincial Pur])Oses. 
 
 3. The borrowing ol .NLoney on the sole Credit of the 
 
 Pi-ovince. 
 
 4. The Lstablishment and Tenui'e of Provincial Of- 
 
 tices, nnd the Appointment and Payment of 
 Provincial Officers. 
 
 5. The Management and Sale of the Public Land<s 
 
 belonging to the Province, and of the Timber 
 and Wood thei'eon. 
 
 C. The Establishment, Maintenance, and Manage- 
 ment of Public and Jieformatory Prisons in and 
 for the Province. 
 
 7. The I^^stablishment, Maintenance, and Manage- 
 
 ment of Hospitals. Asylums, Charities and Elee- 
 mosynary Institutions in and for the Province, 
 other than Mai'ine Hospitals. 
 
 8. Municipal Institutions in the Province, 
 
 9. Shop, Saloon, Tavern, and Aucticmeer, and other 
 
 Licenses, in order to the raising of a Kevenue 
 for Provincial, Local, or Municipal Purposes. 
 
 10. Local Works and Undertakings, other than such 
 as are of the following Classes, — 
 
 a. Lines of Steam or other Ships, liailways, Canals, 
 
 Telegraphs, and other AV'orks and Undertakings 
 connecting the Province with any other or 
 others of the Provinces, or extending beyond the 
 Limits of the Province : 
 
 b. Lines of Steam Ships between the Province and 
 
 any British or Foreign Country : 
 
BRITISH XOnrjI AMERICA ACT. 719 
 
 c. Such Works an, althouifh wholly situate within 
 the Province, ai*e bctoi-c or after their Kxecution 
 (leclared by the ParliaiiuMit of Canada to bo for 
 the general Advantage of Canada oi* tor the 
 Advantage of Two or more of the I'rovincoM. 
 
 11. The Incoi-poralion of Companies with Provincial 
 
 Objects. 
 
 12. Solemnization of Marriage in the Province. 
 
 13. Property and Civil Illghts in the Province. 
 
 14. The Administration of .Justice in the Province, 
 
 inchuling the Constitution, Maintenance, and 
 Organization of Provincial Courts, both of Civil 
 and of Criminal .hirisdietion, and inchiding Pro- 
 cedure in Civil Matters in those Courts. 
 
 15. The Imposition of Punishment by Fine, Penalty, 
 
 or Imprisonment for enforcing any Law of the 
 Pj'ovince mtido in relation to any flatter coming 
 within any of the Classes of subjects eimmerated 
 in this Section. 
 
 16. Generally all matters of a merely local or private 
 
 natuie in the Province. 
 
 Education. 
 
 93. In and for each Province the Legislature may ex- LcKisiuHon 
 clusively make Laws in relation to Education, subject eaSil'i'.! , 
 and according to the following Provisions : — 
 
 (1.) Nothing in any such Law shall pi-ejudicially 
 aft'ect any Right or Privilege with respect to 
 Denominational Schools which any Class of 
 Persons have by Law in the Province at the 
 Union ; 
 
 (2.) All the Powers, Pj-ivileges, and Duties at the 
 Union by Law conferred and imposed in Upper 
 Canada on the Separate Schools and School 
 Trustees of the Queen's Eoman Catholic Sub- 
 jects, shall he and the ^ameai-e hereby extended 
 to the Dissentient Schools of the Queen's Prot- 
 estant and Eoman Catholic Subjects in Quebec ; 
 
 (3.) Where in any Province a System of Separate or 
 Dissentient i^chools exists by Law at the Union 
 or is thereafter established by the Legislature 
 of the Province, an Appeal shall lie to the Gov- 
 ernor-General in Council fi-om any Act or Deci- 
 sion of any Pi'ovincial Authority affecting any 
 Eight or Privilege of the Protestant or Eoman 
 Catholic Minority of the Queen's Subjects in re- 
 lation to Education; 
 
120 
 
 API' KM) IX. 
 
 (\.) In cnso any Hucli Piovincial Law as fi-om Time 
 to Time st'erns to tliodoveiiior-denoral iiiC'oun- 
 cil re<|iiisito for tho due Kxeciilion of tho Provi- 
 sions of tliis Section is not made, or incase any 
 J)ecisi()n of (lie (iovernor-denei-al in Council on 
 any A|)]»eal under this Sectitjn is not duly ex- 
 ecuted iiy the propci" Pi'Dvinclal Authoi-ity in 
 that behalf, (hen and in every sutdi case, and as 
 far()nlva> the circunistanci's of each case le- 
 ([uire, the {'ariianu-nt of Canada maj' make re- 
 medial LawH fo)' the due Kxecution of the Pro- 
 visions of (liis Section, and of any Decision ol" 
 the Governoi'-ticneral in Council under this 
 Section. 
 
 IMifoj^mittj of Lairs in Ontario, Nova Scotia and New 
 
 Brunsicich. 
 
 Lcf-'islafion 94 Not\vithstandin<2: anvthinij: in this Act, the Parlia- 
 forniityor ment of Canada may make Provision for the Uniformity 
 fhrrV" of all or any of the Laws relative to Property and Civil 
 rroviiiccs. liights in Ontario, Nova Scotia and New lirunswick, and 
 of the Procedure of all or any of the Courts in those 
 Three Provinces, and from and after the passing of any 
 Act in that behalf, the Power of the Parliament of Can- 
 ada to make Laws in relation to any matter compiised 
 in any such Act shall, notwithstanding anything in this 
 Act, be unrestricted ; but an}' Act of the Parliament of 
 Canada making Provision for such Uniformity shall rot 
 have etfect in any Piovincc unless and until it is adopted 
 and enacted as Law bv the Leiiislature thereof. 
 
 (.'niicdrrcnt 
 
 j.owori? of 
 
 lej,'ii*liitioii 
 
 rt'spfctiiip 
 
 Jipriciilturc, 
 
 Ac. 
 
 Agriculture and Immigration. 
 
 95. In each Province the Legislature may make Laws 
 in relation to Agricultui-e in the Pi-ovince, and to Immi- 
 gration into the Province ; and it is hereby declared that 
 the ]*arliament of Canada may from Time to Time make 
 Laws in relation to Agriculture in all or any of tho Pi-o- 
 vinces, and to Immigration into all or any of the Pro- 
 vinces ; and any Law of the Legislature of a Province, 
 relative to Agriculture or to Immigration, shall have ef- 
 fect in and for the Province, as long and as far only as it 
 is not repugnant to any Act of the Parliament of Canada. 
 
 VII. — JU Die ATURE . 
 
 Appoint- 
 ment of 
 Judsea. 
 
 96. The Governor-General shall appoint the Judges of 
 the Superior, District and Count}^ Courts in each Pro- 
 
JilUTLsll SOUTH AMi:iU( A Ml. 721 
 
 viiic'c, cxcoitl those of the Court> of Piohato in Nova 
 Scotiu Mild New Hnuiswick. 
 
 97. Until the JjUWh rolalivo to ProjKMty and '^'ivil.^ti'ttionof 
 T^iiilits in Ontai-io, Xova Scotia and Xcw IJinnswick, arid o/,',ario',Ac. 
 \]\v I'rot'odufc of tlio ('ourts in tluisc Pi-ovincos, arc made 
 iinilitini, tlio .MuljL^cs of the (-onrts of those l*i-ovinoes 
 aj)i)ninlod hy thi' (lovi'rnoi-tJonoral siiall he seloctod tVoni 
 tlK' I'cspi'ctivo IJai's ofthobc ]*r()vin('i's. 
 
 M8. Tl»c .Iud<fOs of the Courts of ()iiel.ce, ^hall he so-;''';ctionof 
 ii'cled trom tlie J3ar ot that I'l-ovince. Quebec. 
 
 !»!>. The ,lu(l;;es of the Superior Courts shall hold oHiccTe'iuroof 
 during ;Ljjood heliaviour, hut bliall he reniovahic hy the'ii,',ii',." of 
 (lovernor-tieneral on Ad(]i'ess of the Senate and J louse iV"'*?''"" 
 4)1 Commons. 
 
 100. The Salaries, Allowances and Pensions of thePii''«rio.s 
 ,1udi;-es of the Superior, J)istriet and County (jourts (ex-.'iu.ijfes. 
 cept the Courts of Prohate in Nova Seotia and New 
 Brunswick), and of the Admiralty Courts in cases where 
 
 the Jutlges thereof are for the lime l)eiiig])aid hy Salaiy, 
 shall he tixed and provided hy the Parliament of Canada. 
 
 101. The Parliament of Canada may, notwithstandin';!;'""*''"''' 
 iinythini^j in this Act, from Time to Time, provide for the Aj-iioai, Ac. 
 Constitution, Maintenance and Organization of atJeneral 
 
 Court of Appeal for Canada, and for the Estahlishment 
 ..f any additional Co.rts for the hetter Administration ol 
 -''•(^ Laws of Canada. 
 
 vm. — revenues; dedts; asset.s ; taxation, 
 
 102. All Duties and Pevenues over which the respective rieation of 
 Ijciiislaturcsof Canada, Nova Scotia and New Bi-unswlckli,""e(i '" 
 
 lUC 
 
 before and at the Union had and have jjower of Apj)ro-{}''vo'i 
 ])riation. exce})t such Poj-lions thereof as are hy this Act 
 reserved to the res])ective Leyislatuivs of tlie Pj-ovinces, 
 or are i-aiscd by them in accordance with the special 
 I'owers conferred on them by this Act, shall form One 
 Consolidated Pevonue Fund, to be apj)ropriated for the 
 Public Service of Canada in the Manner and subject to 
 the Charges in this Act provided. 
 
 103. The Consolidated Revenue Fund of Canada shall Expenses 
 be permanently charged with the Costs, Chai-ges and "j'on^liTr 
 Expenses incident to the Collection, Management, and 
 Eeeeipt thereof, and the same shall form the First Charge 
 thereon, subject to be reviewed and audited in buch Man- 
 
722 APPENDIX. 
 
 iiei' as sliiill be ordered by the CJovernor General in Coun- 
 cil until tlie L'arliament otherwise pro Mcs. 
 
 !'rminei?i ^^''^^ '^^^^ i^nnual Intci-est of the Public Debts of the 
 public ' several Provinces ol' Canada, Nova Scotia, and New 
 (k-bt.«. Brunswick at the Union shall form the Second Charge on 
 the Consolidated Eevenue Fund of Canada. 
 
 Salary of 105. Unless altered by the Parliament of Canada, the 
 • ieneriii/ Salary of the Governor General shall be Ten Tliousand 
 Pounds Sterliiii;" Money of the United Kingdom of Great 
 Britain and Ireland, payable out of the Consolidated Ke- 
 vemie Fund of Canada, and the same shall tbrni the Third 
 Charge thereon. 
 
 Appro- 106. Subject to the several Payments by this Act 
 
 f tT 1 SI 1 1 f ITl *^ n/ 
 
 troin time charged on the Consolidated llevenue Fund of Cana<ia, 
 to time. i]^Q same shall be appropriated by the Parliament of Can- 
 ada for the Public Service. 
 
 Transferor 107. All Stocks. Cash, Bankers' Balances, and Seeuri- 
 .<t(icks, Ac. ^-gy |.^^|. jyjQj^yy belonging to each Province at the Time 
 
 of the Uni >n, except as in this Act mentioned, shall be 
 the Property of Canada, and shall be taken in Beduction 
 of the amount of the respective Debts of the Provinces 
 at the Union. 
 
 Transfer of 108. The Public Works and Property of each Province 
 Schedule.'" enumerated in the Third Schedule to this Act shall be the 
 Property of Canada. 
 
 Pronerty in 109. All Lands, Mines, Minerals, and Royalties belong- 
 inine^s, &c. i^g to the Several Provinces of Canada, Nova Scotia and 
 New Brunswick at the Unicm, and all sums then due or 
 payable for such Lands, Mines, Minerals, or Boyalties, 
 shall belong to the several Provinces of Ontario, Quebec, 
 Nova Scotia and New Brunswick in which the same are 
 situate or arise, subject to any Trusts existing in res])ect 
 thereof, and to any Interest other than that of the Pro- 
 vince in the same. 
 
 Assets con- 110. All Assets Connected with such Portions of the 
 Provincial'* Public Debt of each Province as are assumed by tliat 
 <iebts. Province shall belong to that Province. 
 
 Canada to HI, Canada shall be liable for the Debts and Liabili- 
 Provincia?'^ ties of each Province existing at the Union. 
 
 debts. 
 
 Debts of 112. Ontario and Quebec conjointly shall be liable to 
 ciSebeT"'* Canada for the amount (if any) by which the Debt of the 
 
nRITISH XORTIl AMERICA ACT. 723 
 
 Province of Canada exceeds at tlie Union Sixty-two 
 million five hundred thousand Dollars, and shall be 
 charged with Interest at the liate of Five per centum per 
 annum thereon. 
 
 113. The Assets enumerated in the Fourth Schedule to Assets of 
 this xVct, belon<!;inii^ at the Union to the Province of Can- Quebec.'"" 
 uda, shall be the Pj'0])erty of Ontario and (Quebec con- 
 jointly. 
 
 114. Nova Scotia shall be liable to Canada for the Debt of 
 Amount (if any) by \vhi(di its Pul)lic Debt exeeeds at the ^^"Yi'.j 
 Union Eii^ht million Dollai-s, and shall be charged with 
 Interest at the rate of Five per Centum per Annum 
 thereon. 
 
 115. New Brunswick sliall be liable to Canada for the ijebtof 
 Amount (if any) by wliich its Public Debt exceeds at ijrunswick. 
 the Uni(m Seven million Dollars, and shall be charged 
 
 with Interest at the rate of Five per Centum per Annum 
 thereon. 
 
 IIG. In case the Public Deljts of Xova Scotia and Xew Payment 
 Brunswick do not at the Union amount to Fight mdlion '/,' jl^,'^!,^*^^*^ 
 and Seven million Dollars respectively, they shall re- •^^'j'tia ami 
 spoctively receive, by half-yearly Payments in advance ijrunswick. 
 froni the Government of Canada, Interest at Five per 
 Centum per Annu. . on the Ditference between the actual 
 Amounts of their respective Debts and such sti})ulated 
 Amounts. 
 
 117. Tlic several Provinces shall retain all their re- Provincial 
 spective Public Property not otherwise disposed of in this property. 
 Act, subject to the liight of Ctmada to assume any Lands 
 
 or Public Property required for Foi-titications or for the 
 Defence of the Country. 
 
 118. The following sums shall be paid vearlv bv Can- lirants to 
 ada to the several Provinces for the support of their 
 (lovernments and Legislatures : 
 
 DOLLARS. 
 
 Ontario --------- Eighty thousand. 
 
 Quebec --------- Seventy thousand. 
 
 Nova Scotia ------- Sixty thousand. 
 
 New Brunswick ------ Fifty thousand. 
 
 Two hundred and Sixty thousand; 
 
 and an annual Grant in aid of each Province shall be 
 made, equal to Eighty Cents per Head, of the Poj)ulation 
 as ascertained by the Census of One Thousand eight 
 
 46 
 
724 APPEyDIX. 
 
 hundi'ed and Sixty-one, and in the case of Nova Seotia 
 and New Bi unswick, by each subsequent Decennial Cen- 
 sus until the Population of each of those two Provinces 
 amounts to Foui- hundred tliousand Souls, at which Rate 
 such Gi-ant sliall thereafter remain. Such Gi'ant shall be 
 in full Settlement of all future Demands on Canada, and 
 shall be paid half-yearly in advance to each Province; 
 but the Government of Canada shall deduct from such 
 Grants, as against any Province, all Sums chargeable as 
 Intei-est on the Public Debt of that Province in excess of 
 the sevei-al amounts stipulated in this Act. 
 
 Further l^^- ^Gw Brunswick shall receive, by half-yearly Pay- 
 
 Kraut to ments in advance fi-om Canada, foi' the Period of Ten 
 Brunswick. Years from the Union, an additional Allowance of Sixty- 
 three thousand Dollars per Annum ; but as long as the 
 Public Debt of that Province remains under Seven million 
 dollars, a deduction equal to the Interest at Five per 
 Centum per Annum on such Deficiency shall be made 
 from that Allowance of Sixty-three thousand Dollars. 
 
 Form of 120. All Payments to be made under this Act, or in 
 
 raymentf. discharge of Liabilities created under any Act of the Pro- 
 vinces of Canada, Nova Scotia and New Brunswick re- 
 spectively, and assumed by Canada, shall until the Par- 
 liament of Canada otherwise directs, be made in such 
 Form and Manner as may from Time to Time be ordered 
 by the Governor General in Council. 
 
 Canadian l^l. All Articles of the Growth, Produce or ]\[anufac- 
 
 manufac- ture of any one of the Provinces shall, from and after the 
 
 ^' ■ Union, be admitted free into each of the other Provinces. 
 
 Continu- 122. The Customs and Excise Laws ■ ach Province 
 
 ance of shall, subject to the Provisions of this Act, continue in 
 
 and excise tbrce Until altered by the Parliament of Canada, 
 laws. 
 
 Exporta- 123. "Where Customs Duties are, at the Union, leviable 
 tionand qj-^ ^ny Goods, Wares or Merchandises in any Two Pro- 
 
 importatlOn . J . >i i ttt i nr i ^• r. 
 
 as between vinccs, those Goods, Wares and Merchandises may, from 
 vTnces!" '^^"i after the Union, be imported from one of those Pro- 
 vinces into the other of them, on Proof of Payment of 
 the Customs Duty leviable thereon in the Province of 
 Exportation, and on payment of such further amount (if 
 any) of Customs Duty as is leviable thereon in the Pro- 
 vince of Importation. 
 
 Lumber 124. Nothing in this Act shall affect the Eight of New 
 
 BrunswTck! Bi'unswick to levy the Lumber Dues provided in Chap- 
 
 ' ter Fifteen of Title Three of the Ee vised Statutes of New 
 
BRITISH NORTH AMERICA ACT. 725 
 
 Brunswick, or in any Act amending tliat Act before or 
 after the Union, and not increasing the Amount of such 
 Dues ; but tlie Luml»er of any of tlie Provinces other tlian 
 [N'ew Brunswick shall not be subject to such Dues. 
 
 125. No Lands or Property belonginii; to Canada or iv^pivr'tio" 
 any Province shall be liable to Taxation. lands, Ac. 
 
 126. Such Poi'tions of the Duties and Ptcvcnuc-s overj^f™'"' 
 wliich the i-esjiective Legislatures of Canada, Nova Scotia dated 
 and Xew Brunswick had befoi-e the Union, Power of Ap- [i,na""^ 
 propriation, as are by this xVct reserved to the respective 
 Governments or Legislatui-es of the Pi-ovinces, and all 
 Duties and Revenues raised by them in accordance with 
 
 the Special Powers conferred upon them by this Act, 
 shall in each Province form One Consolidated lievenue 
 Fund to be appropriated for the Public Service of the 
 Province. 
 
 IX. — MISCELLANEOUS PROVISIONS. 
 
 General. 
 
 127. If any Person, being, at the passing of this Act a As to 
 Member of the Legislative Council of Canada, Xova Sco- couiu'iiioi^s 
 tia or N^ew Brunswick, to whom a Place in the Senate is*'!'^'"' 
 offered, does not within Thirty Days thereafter, by Writ- becoming 
 ing under his Hand, addressed to the Governor-Cxeneral S^""ito»"*- 
 of the Province of Canada or to the Lieutenant-Governor 
 
 of Nova Scotia or New Brunswick (as the case may be), 
 accept the same, he shall be deemed to liave declined the 
 same; and any Person who, being at the passing of this 
 Act a Member of the Legislative Council of Nova Scotia 
 or New Brunswick, accepts a Place in the Senate, shall 
 thereby vacate his seat in such Legislative Council. 
 
 128. Every Member of the Senate or House of Com-OatUof 
 mons of Canada shall, before taking his Seat therein, A-e." 
 take and subscribe before the Governor-General or some 
 Person authoi-ized by him, and every Memberof a Legis- 
 lative Council or Legislative Assembly of any Province 
 shall, before taking his Seat therein, take and subscribe 
 before the Lieutenant-Govei-nor of the Province, or some 
 Person authorized by him, the Oath of Allegiance con- 
 tained in the Fifth Schedule to this Act; and every Mem- 
 ber of the Senate ot Canada and every Member of the 
 Legislative Council of Quebec shall also before taking 
 his Seat therein, take and subscribe before the Governor- 
 General, or some Person authorized by him, the Decla- 
 ration of Qualification contained in the same Schedule. 
 
726 APl'ESDIX. 
 
 Contin.r 120. Kxccpt a.^ othonvisG provided by this Act, ali 
 
 existing Laws in force in Canada. Xovu Scotia, or New Bruns- 
 
 court« ■wick at the Tnion. and all Courts of Civil and Criminal 
 
 oflicers, i^f. Juiisdiction, and all Le<j;al Commissions, Powers and 
 
 Authorities, and all Ofticcrs Judicial. Ailministrative, and 
 
 3Iinistci'ial, exist inn* thci-cin at the Union, siiall continue. 
 
 in Ontario, Quehcc, Xova Scotia, and New Bi-unswick 
 
 res])cctively, as if the Union had not been made; subject 
 
 nevertheless (exce])t with rcs|)ect to such as ai-e enacted 
 
 by oi- e.xist under Acts of the Parliament ')f(Jreat Britain 
 
 or of the Parliament of the Ignited Ivin,i;"(lom of (rreat 
 
 Britain and Irclaiulj, to be irpealed, abolished, or altered 
 
 by the Parliament of Canada, or bj' the Le<;islatui-e of 
 
 the respective Province, according to the A.uthority of 
 
 the Parliament or of that Legislature under this Act. 
 
 Transfer of 130. Until the Parliament of Canada otherwise pro- 
 Canada'" vides. all Officers of the sevei-al Provinces having I)utie.-> 
 to dischai'ge in relation to Mattel's other than those com- 
 ing within the Classes of Subjects by this Act assigned 
 ex'^-hisivel}" to the Legislatures of the Provinces, shall be 
 Officers ot Canada, and shall continue to dischai'<;e the 
 Duties of their respective Offices under the same Liabili- 
 ties, Eesponsibilities and Penalties, as if the Union had 
 not been made. 
 
 mento"f ' ^^' ^'"^^^ ^^^^ Pai-liamcnt of Cana<la otherw-ise pro- 
 new vides, the Governor-General in Council may from Time 
 officer?. ^Q Time appoint such Officers as the Governor General 
 
 in Council deems necessary or proper for the etfectual 
 
 Execution of this Act. 
 
 Treaty 132. The Parliament and Covernment of Canada shall 
 
 obligations, i n -n ±- i- • ^x, 
 
 have all Powers necessary or proper lor peiiormmg the 
 Obligations of Canada oi- of any Province thereof, as Pai-t 
 of the British Empii-e, towards Foreign Countries, arising 
 under Treaties between the Empire and such Foreign 
 Countries. 
 
 Use of 133. Either the English or the French Language may 
 
 and French be used by any Person in the Debates of the Houses of 
 languages, the Parliameilt of Canada and of the Houses of the Legis- 
 lature of Queliec ; and both those languages shall be used 
 in the i-espective Records and Journals of those Houses ; 
 and either of those Languages may be used by any Person 
 or in any Pleading or Process in oi' issuing from any 
 Court of Canada established undei' this Act, and in or 
 from all or any of the Courts of Quebec. 
 
 The Acts of the Parliament of Canada and of the Le- 
 gislature of Quebec shall be printed and published in both 
 those Languages. 
 
BRITISH NORTH AMERICA ACT. 121 
 
 Ontario and QwhiC. 
 
 134. Until the Le^nslatiire of Ontario or of Quebec Appoint- 
 othci'wise provides, the Lieuteiiiiiit-dovei-iiors f»f Oiitario e5,*i"ut'ive 
 amU^uehec ma\' each ai>p<)int undei- tho Gi-eat Seal of ''"'''''■.« for 
 the rrovineo, the tollowing othcers, to liold ofhee (hiring Quobec. 
 Pleasure, that is to say, — the Attorney-fTeneral, the Se- 
 cretary and Et'L^istrar of the Province, the Treasurer of 
 the Province, tlie Commissioner of Crown Lands and the 
 Commissioner of Ai;-ricnhui'e and Public Works, and, in 
 the case of Quebec, the Solieitor-(renei'al. and may, by 
 Oi-der of the Lieutenant-Govei-noi- in Council from Time 
 to Time prescribe the Duties of those Otiicers and of the 
 several Departments over which tliey shall pi-eside, or 
 to which they shall belonjj^, an<l of the otiicers and Clerks 
 thereof, and may also appoint other and additional Of!i- 
 cers to hold Oitice during- Pleasure, and may from Time 
 to Time yjrescribe the Duties of those Oftieers, and of the 
 iscvei-al Departments over which they shall pi-eside or to 
 which tliey shall belong, anil of the Otticei's and Clerks 
 thereof. 
 
 135. U 
 
 wise proviUes. all iiig 
 
 ntil the Legislature of Ontario or Quebec other- ?")ver^'f„ 
 
 • 1 1 1 1 1 - I i^ I -I-. duties, &c., 
 
 viues. all Kights. Powers. Duties, functions, of execu- 
 Pesponsibilities, or Authorities at the passing of this"^'®""^''"^' 
 Act vested in or im])Osed on the Attorney-frenei-al. Soli- 
 citor-General, Secretai-v and Pegistrar of the Province of 
 Canada. Minister of Finance. Commissionei- of Crown 
 Lands, Commissioner of Public Works and Minister of 
 Agriculture and Peceiver-General. by any Law, Statute 
 or Ordinance of I'pper Canada, Lower Canada, or Can- 
 ada, and not repugnant to this Act, shall be vested in oi- 
 imposed on any otticer to be appointed by the Lieutenant- 
 Governor for the Discharge of the same or any of them; 
 and the Commissioner of Agricultui-e and Public Works 
 shall perform the Duties and Functions of the Office of 
 Minister of Agriculture at the passing of this Act im- 
 posed by the Law of the Province of Canada as well as 
 those of the Commissioner of Pul>lic Worlcs. 
 
 13G. Until altered \)y the Lieutenant-Governor inj?'"'^?* 
 Council, the Great Seals of Ontario and Quebec respect- "^ 
 ivel}' shall be the same, or of the same Design, as those 
 used in the Provinces of Upper Canada and Lower Can- 
 ada respectively before their L^nioii as the Province of 
 Canada. 
 
 137. The words " and :^rom thence to the End of the Construc- 
 then next ensuing Session of the Legislature," or words temporary 
 to the same effect used in any temporary Act of the Act:-. 
 
728 
 
 APPENDIX. 
 
 As t.. 
 erroM 
 in iiaiuc.'''. 
 
 Province of Canada not oxpii-ed before the Union, shall 
 he construed to extend and apply to the next Scission of 
 the J*ai-lianient of (Janada, if the snhjeet-niatter of the 
 Act is within the ])Owei's of the same as dctined by this 
 Act, or to the next Sessions of the Lei;-islatures of Onta- 
 rio and (Quebec i-espcctively, if the sul»jecl matter of the 
 Act is within the powei's of the same as <lefined by this 
 Act. 
 
 138. Fi'om and atter the Union, tlie use of the words 
 " T'])j»er Cana<la " instead of " Ontario,'" or " Lower Can- 
 nada " instead of" (Quebec."' in any Deed, Writ, Process, 
 Pleading, hocunient, Matter ov Tiling, shall not invali- 
 date the same. 
 
 Astoi.-<sHc i;-]9. Any Pj'oelamation under the Great Seal of the 
 niatious" Provinec of ("anada. issued betbi'e the rnion, to take 
 before effect at a time which is subsequent to the Union, whe- 
 
 Union, to ,, , ,. 1 , T^ . ^ , T' r-i 1 
 
 commence ther rchitiny; to that Pj'ovmce or to I pper Cana<hi, or to 
 Lowei' Canada, and the several matters and thiniis therein 
 proclaimed, sliall be and continue of like force and effect 
 as if thb I'nion had not been made. 
 
 after 
 Union 
 
 As to issue 
 of Procla- 
 mations 
 after 
 Union. 
 
 Peniten- 
 tiary. 
 
 Arbitration 
 respecting 
 debts, kc. 
 
 140. Any Proclamation which is authorized by any 
 Act of the Legislatuie of the Province of Canada, to be 
 issued under the Gi-eat Seal of the Province of Canada, 
 wliether relatini^- to that Province or to Upper Canada, 
 or to Lower Canada, and which is not issued before the 
 Union, may be issued by the Lieutenant-Governor of 
 Ontario or of (Quebec, as its subject-matter requii-es, un- 
 der tlie Great Seal thereof; and from and after the issue 
 of such Pi'oclamation. the same and the several matters 
 and things thei'ein proclaimed, shall be and continue of 
 the like force and effect in Ontario or Quebec as if the 
 Union had not been made. 
 
 141. The Penitentiary of the Pj'ovince of Canada shall, 
 until the Parliament of Canada othei-wise provides, be 
 and continue the Penitentiary of Ontario and of Quebec. 
 
 142. The Division and Adjustment of the Debts, Cre- 
 dits, Liabilities. Propei'ties and Assets of L^pper Canada 
 and Lower Canada shall be referred to the arbitrament 
 of Three Arbitrators, One chosen by the Government of 
 Ontario, One by the Government of Quebec, and One by 
 the Government of Canada ; and the Selection of the 
 Arbitrators shall not be made until the Parliament of 
 Canada and the Legislatures of Ontario and Quebec have 
 met ; and the Arbitrator chosen by the Government of 
 Canada shall not be a resident either in Ontario or in 
 Quebec. 
 
iiRirisiT xonrir America act. V29 
 
 143. The Govonioi'-denerul in Council may from Time t),'*i;'|"" 
 to Time, order tluit such and so many of the Hecords," -"'"'• 
 IJookH, an(i Documents of the Province of Canatla as he 
 thinks tit shall he appr<)])riated and delivered either to 
 Ontario or to Quel)ec, and the same shall thenceforth be 
 
 the property of that Province ; and any co])y thereof or 
 extract therefrom, duly certified hy the Othcer having 
 charge of the original thereof, sliall be admitted as Evi- 
 dence, 
 
 144. The Lieutenant-f Jovernor of Quebec may from Constitu- 
 Time to T^ime, by Pi-ociamation nnder the Great Seal of township* 
 the Province, to take effect from a day to be appointed '" ^^"■'"''■• 
 therein, constitute Townships in those Parts of the Pro- 
 vince of Quebec in which Townships are not then already 
 constituted, and fix the ^letes and Bounds Ihereof. 
 
 X. — INTERCOLOXIAt. RAILWAY. 
 
 145. Inasmuch as the Provinces of Canada, Nova Scotia. Dufy ;'f 
 and New Brimswick have joined in a Declaration that ment iimi 
 the Construction of the lnterc(donial Ilailwav is essentiaP'H''='^'"f "^ 
 to the Consolidation of the Union of iirifish North Arae-tomake 
 rica, and to the Assent thereto of Nova Scotia and New iie^yihi'^ 
 Brunswick, and have consequently agreed that Provision ^le^i-i-iijed. 
 should be made for its immediate construction by the 
 Government of Canada: Therefore, in order to give ef- 
 fect to that Agreement, it shall be the Duty of the Gov- 
 ernment and Parliament of Canada to provide for the 
 Commencement, within Six Months after the Union, of 
 
 a Eailway connecting the River St. Lawrence with the 
 City of llalifax in Nova Scotia, and for the Construction 
 thereof without Tntei-mission, and the Completion thereof 
 with all practicable Speed. 
 
 XI. — ADMISSrOX OF OTHER COLOXIES. 
 
 14G. It shall be lawful for the Queen, by and with the ^';i^'^^^l^. 
 Advice of Her Majesty's Most Honorable Privy Council, tomiditand, 
 on Addresses from the Houses of the Parliament of Can- fjfe't'"/ion. 
 ada, and from the Houses of the respective Legislatures 
 of the Colonies or Provinces of Newfoundland, Prince 
 Edward Island, and British Columbia, to admit those 
 Colonies or Provinces, or an}' of them, into the Union, 
 and on Address from the Houses of the Parliament of 
 Canada to admit Eupei't's Land and the North-western 
 Territory, or either of them, into the Union, on such 
 Terms and Conditions in each Case as are in the Ad- 
 dresses expressed and as the Queen thinks tit to approve, 
 subject to the Provisions of this Act ; and the Provisions 
 
730 APVKNDIX. 
 
 of'any Order in Coiiucil in that Ik'huif .sliiill liuvc oflocl 
 as ii' (lu'V had hccn ciiaclcd by the rarliainent of the 
 United Ivin^dom ()t(ireat IJritain and Ii-ehmd. 
 
 Koilre- 1^ ^7. In case of the Admission of Newfoundhmd and 
 
 »ciitiition Pfince Kdward Ishiiid or eitlier of them, each shall he 
 foimdiniMi entitled to a Representation, in the Senate of Canada, of 
 Edwnnl''^ Foiii' ^^eml•l'^^ and (notwithHtan<lin<; anytliing in this 
 Isianii ill Act) in case (tf the Admission of Newlbundland, theNoi-- 
 K.cnutv. ijj.jj ,,„|i^1j^^>,. of Senators shall he Seventy-six and tiioii- 
 maximum Number shall be Kii;htv-two: but Prince VA- 
 wai'd Island, Avhen atimitted, shall be deemed to be com- 
 ])rised in the third of the Three J)ivisions into which 
 Canada is, in relation to the Constitution of the Senate, 
 divided by this Act, and Jiccordin^ly, after the Admission 
 of Prince Edward Island, whelhoi- JS"e\v'foundland is ad- 
 mitted or not, the JJc})resentation of Nova Scotia and 
 New Ei'unswick in the Senate shall, as Vacancies occui*, 
 be reduced from Twelve to Ten Members respectively, 
 and the JJeprcsentation of each of those Provinces shall 
 not be increased at any Time beyond Ten, except under 
 the Piovisions of this Act, for the Appointment of Three 
 or Six additional Senators under the Direction of the 
 Queen. 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 
 Electoral Districts of Ojitario. 
 
 A. 
 EXISTING ELECTOKAL DIVISIONS. 
 
 COUNTIES. 
 
 1. Prescott. 
 
 2. Glengarr}'. 
 
 3. Stormont. 
 
 4. Dundas. 
 
 5. Eussell. 
 
 6. Carleton. 
 
 T. Prince Edward. 
 
 8. Halton. 
 
 9. Essex. 
 
 RIDINGS OF COUNTIES. 
 
 10. North Eiding of Lanark. 
 
 11. South Riding of Lanark. 
 
niUTlSlI XOJiTH AMERICA ACT. 731 
 
 12. Noi-th Iiidiiiy; of Leeds and North Jlidinic of Gi-en- 
 
 ville. 
 
 13. South Riding of Leeds. 
 
 14. South iJidiiig of (riviiville. 
 
 1.5. I'vMst Ridiiii^of Xorthuiuherland. 
 l(j. West J^idiiig of Nortliumherlnnd (exceptiiii^ thci'e- 
 fi'oni the Township of South Monaghan.) 
 
 17. I"ist IJidini^ of Durliani. 
 
 18. West Kidin'ii; of Durhani. 
 
 19. North iridin.i;- of Ontario. 
 
 20. South Hiding of Ontario. 
 
 21. Kast Hiding of York. 
 
 22. West Riding of York. 
 
 23. North Hiding of York. 
 
 24. Nortli Hiding of Wentworth. 
 
 25. South Hiding of Wentwortli. 
 2G. Kast Hiding of Hlgin. 
 
 27. AYesi Hiding of Elgin. 
 
 28. ^orth Hiding of Waterhjo. 
 
 29. South Hiding of Waterh.o. 
 
 30. North ifiding of Bi-mt. 
 
 31. South Hiding of Brant 
 
 32. North Ri(Ung of Oxford. 
 
 33. South Hiding of Oxford. 
 34 East Hidini-- of .^[iddlesex. 
 
 CITIES, TARTS OF CITIES ANM» TOWNS. 
 
 35. West Toronto. 
 
 36. Kast Toronto. 
 
 37. Hamilton. 
 
 38. Ottawa. 
 30. Kingston. 
 
 40. London. 
 
 41. Town of Brockvillc, witii the Township of Eli/.a- 
 
 bethtowii thereto attached. 
 42 Town of Niagara, with the Towniship of Niagara 
 
 thereto attaclied. 
 43. Town of Cornwall, with the Township of Cornwall 
 
 thereto attached. 
 
 B. 
 
 NEW ELECTORAL DIVISIONS. 
 
 44. The Provisional Judicial District of Algoma. 
 
7;12 M'l'icxDfx. 
 
 'riu' (^)Ullly olIlKrcK. (livitlctl into (wo l{i(liiit!;s, to he 
 calli'd r('s|t('cllv('ly IIk- North .-iiid South Ititliiii^M : — 
 
 •If). Tho North Ividin:,' of IJnico to consist of the Town- 
 sliips of Bill y. Jjiiulsay, Ivistiioi-. Alhoiniii Ic, Aina- 
 l>el, Arraii, IJriicc, I'Mtlorslic, and Saii^eiMi, and the 
 V'^inai;o of Soiithami»toii. 
 
 •K!. 'Pho South lii<lin^ of I^-uce to consist of the Towm- 
 ships of Kincardine ( inchKlini;" thi^ V'iMaii;i' <>f Kin- 
 cardiMc). (ii-cenoek, lirant, Huron, Kiuloss. Cul- 
 rcKss, anil (Jarrick. 
 
 The County of IFnioN, dividnl into Two Ilidini;-s, to 
 ho called respectively the North and South Jlidini;;s: — 
 
 47. The North IJidinu; to consist of the Townships of 
 Aslitiidd. Wawanosh. Turnl»erry, llowiek, Morris, 
 (irey, (^olliorne, llullell (ineiudini;' the Villajj;e of 
 ('lint»)n), and Melvillop. 
 
 4>!. The South Jiidini^ to consist of the Town of CJode- 
 rii'h, and the Townshipsof (uxlerich, Tuekersniith. 
 Stanley, Hay, Usborne, and Ste])hen. 
 
 The Oouidy of jNEiddlksex, divided into Three Ridiui^-s. 
 to he called respectively the North. West, and l-'ast 
 Hidings : — 
 
 40. The North Ridini;" to consist of the Townshij)s of 
 -Mcdillivi-ay and Biddnlph (taken from the County 
 of Huron), and Williams Jvist, Williams West, 
 Adelaide and Loho. 
 
 50. The West Eidinii; to consist of the Townships of 
 
 Pelaware. Caradoc, Metcalfe, ^[osa and Kkfrid. 
 and the Village of Strathroy. 
 
 [The Hast Hiding to consist of the Townshi|)s now cm- 
 braced therein, and be bounded as it is at pre- 
 sent.] 
 
 51. The County of Lamhton to consist of the Town- 
 
 ships of Bosanquet, Warwick, Plym])ton, Sarnia. 
 Moore. Hnniskillcn and Bi-ooke, and the Tow'n 
 of Sarnia. 
 
 52. The County of Kent to consist of the Townships 
 
 of Chatham, Dover, East Tilbur}^, Romney, Ra- 
 leigh and Harwich, and the Town of Chatham. 
 
immsii .SOUTH amihuci a< r. I'.V.) 
 
 r».l. The ('(Miiily nf PioTiiwKM,, to rrmsisf <>{' (lit- Town- 
 nhipH o|' S<>iitl)i-a, l>a\vii and MiiplMiiiia (taken 
 from tho County of Tjamhton), ami tin- I'own- 
 uliips of /one, ('annl('ii with the (lore tlicreot", 
 Orfoid ami llo\vai-<| (taken from tli(^ County of 
 Kent). 
 
 The (/ounty ol (iiiKV, divldisd into T\v<» Ridin^^s, to lie 
 calleil I'eHjieetivc'ly tho South and Xorlji I{idin;;s: 
 
 54. The Houlh liidim:; to eon>ist of the Townships ol 
 
 JJentineU, (Jlenel^', Arteniesia, ()>|»r«(y, Noi-- 
 numhy, M^reniont. IM(tton and Melancthon. 
 
 55. The Xorth liidinj; to consist of tln^ Townsjups of 
 
 ('ollin;^wood, l^jUphiasia, Holland, St. Vincont, 
 Sydenham, Sullivan, Dei'hy ami Keppel. Sara- 
 wak and JJrooke, and liic Town of (Jwen Sound. 
 
 The (younty of Pkh.m, divided into Two Jiidini^s, to ho 
 (•alh^l re8j)ec'tivcly the South and North iJidini^s: — 
 
 5(). The Noi'fh Kidini;- to consist of th(! Townshij)s of 
 Wallace, l*]lina, Logaji, l']llic(\ Mornin;!;lon and 
 North I'lasthope, and the Town of Stralibrd. 
 
 57. The Sontli liidini^ to consist of the Townshipjj of 
 
 Blanchard, J)ownie, South F.asthoj)C, Fullarton, 
 Jlihhert, and the X'ilhii^a's of Mitchell atid Ste. 
 Maiys. 
 
 The County of Wki,i.[N(]ton, divided into Three Eid- 
 ing8, to be called lespeetively Norti), Soutii and Centie 
 Kidingts : — 
 
 58. Tlie North liidijig to consist of the Townships of 
 
 Amaranth, Artiiur, liUtliei-, Minto. Marybo- ^ 
 j'ough, Peel, and tlie Village of Mount Forest. 
 
 5!>. The Centre Eiding to consist of the Townships of 
 Cfarafraxa, Ivi-in, Eramosa, Nichol and Pilking- 
 ton, and the Villages of Fei-gus and Elora. 
 
 f!0. Tlie South Riding to consist of the Town of Guelph 
 and the Townships of Guelph and Pus-linch. 
 
 The County of Norfolk, divided into Two Ridings, to 
 be called respectively the South and North Ridings : — 
 
734 APPENDIX. 
 
 61. The South Riding ta consist of the Townships of 
 Churlotteville. Houghton, AValsingham and 
 Woo<ihouse, and with llie Gore thereof. 
 
 02. The North Riding to consist of the Townships of 
 Middleton. Townscnd and Windham, and the 
 Town of Simcoe. 
 
 63. The County of IIaldimam) to consist of the Town- 
 ships of Oneida, Seneca. Cayuga North, Cayuga 
 South, Raiidiani. "Walpole and Dunn. 
 
 <j4. Tlie County of Monck to consist of the Townships 
 of Canborough and Moulton, and Sherhrooke, 
 and the YiHage of DunnviUe (taken from the 
 County of Ilaldimand), the Townships of Caister 
 and Gainsborough (taken from the County of 
 Lincoln), and the Townships of Pelham and 
 Wainfleet (taken from the County of Welland). 
 
 65. The County of Lixcolx to con.^ast of the Townships 
 of Clinton, Grantham, Grimsby and Louth, and 
 the Town of St. Catharines. 
 
 Q^i. The County of Welland to consist of the Town- 
 ships of Bertie, Ci-owland, Humberstone, Stam- 
 ford, Thorold and Willoughby, and the Yillages 
 of Chippewa, Clifton, Fort Erie, Thorold and 
 Welland. 
 
 67. The County of Peel to consist of the Townships of 
 Chinguacousy, Toj-onto and the Gore of Toronto, 
 and the Yilhiges of Bramjiton and Streetsville. 
 
 Qd'. The County of Cardwell, to consist of the Town- 
 ships of Albion and Caledon ftaken from the 
 County of Peel), and the Townships of Adjala 
 and Mono (taken from the County of Simcoe). 
 
 The County of Simcoe, divided into Two Ridings, to be 
 called respectively the South and the North Ridings : — 
 
 69. The South Riding to consist of the Townships of 
 
 West Gwillimbuiy, Tec'imseth, Innisfil, Essa. 
 Tossorontio. Mulmuj-, a •■ the Yillaii-e of Brad- 
 ford. 
 
 70. The North Riding to consist of ;. Townships of 
 
 Nottawasaga, Sunnidale, Ye^^ .,, Flos, Oro, Me- 
 donte, Orillia and Matchedash, Tiny and Tay, 
 
BRITISH XORTII AMERICA ACT. *735 
 
 Balaklava and Robinson, and the Towns of Bar- 
 rie and CoUingwood. 
 
 The County of Victoria, divided into Two Ridin^-s. to 
 be called i'es2)eclively the Soiitli and North Rid- 
 ings :— 
 
 71. The South Riding to consist of the Townships of 
 Ops. Mari])0sa, Emily, Verulam, ami the Town 
 of Lindsa}'. 
 
 72. 
 
 The Noi-th Riding to consist of the ToAvnships of 
 Anson, Bexlcy, Cai-den. Dalton, Digbv, Eldon, 
 Fenelon. Hindon, Laxton, Lutterwortli. Macau- 
 lay and Di-aper. Sommei'ville and AForrison, 
 31uskoka, Monck and AVatt (taken from the 
 County of Simcoe), and any other surveyed 
 Townships lying to the North of the said Xorth 
 Riding. 
 
 The County of Peterboroucmi. divided into Two Rid- 
 ings, to be called respectively the West and East Ridings: 
 
 73. The West Riding to consist of the Townships of 
 
 South Monaghan (taken from the County of 
 Northumberland), North Monaghan, Smith and 
 Ennismore, and the Town of Peterborough. 
 
 74. The East Riding to consist of the Townships of 
 
 Asphodel, Belmont and Methuen, Douro, JJum- 
 mer, Galwa}', Harvey, Minden, Stanhope and 
 Bysart, Otonabee and Snowden, and the Village 
 of Ashburnham, and any other surveyed Town- 
 ships lying to the North of the said East Riding. 
 
 The County of Hastings divided into Three Ridings, 
 to be called respectively the West, East and North 
 Ridings : — 
 
 75. The West Riding to consist of the Town of Belle- 
 
 ville, the Township of Sydney, and the Village 
 of Trenton. 
 
 7(). The East Riding to consist of the Townships of 
 Thurlow^, Tj^endinaga and Hungerford. 
 
 77. The North Riding to consist of the Townships of 
 Rawdon, Huntingdon, Madoc, Elzevir, Tudoi', 
 
736 APPENDIX. 
 
 Marmoi-a ami Lake, and the Village of Stirling, 
 and jtny other sm-veyed To\vn>hips l^'ing* to the 
 Noi'th of the said North J^iding. 
 
 TS. The County of Lennox to consist of the Townships 
 of Eichmond, Adolphustown, Xorth Fredericks- 
 burgh, South Frederickshurg-h, Frnest Town 
 and Amherst Island, and the Village of Na- 
 panee. 
 
 7-'. The County of ADUiNcrroN to consist of the Town- 
 ships of Camden, Portland, Sheffield, Hinchin- 
 brooke, Kaladar, Kennebec, Olden, Oso, Angle- 
 sea. Barrie, Clarendon, Palmerston, Etiinghan:, 
 Abinger, Millei-, Canonto, Denbigh, Loughbo- 
 rou<rh and Bedford. 
 
 ■o' 
 
 ■SO. The County of Frontenac to consist of the Town- 
 ships of Kingston, Wolfe Island, Pittsbui-gh and 
 Howe Island and Stori-iugton. 
 
 The County of Eenfrew, divided into Two Ridings, to 
 be called respectively the South and North Ridings : — 
 
 81. The South Riding to consist of the Townships of 
 McNab, Bagot, Blithtield, Brougham, Horton, 
 Adamston, Grattan, ^latawatchan, Gj-iffith, Lyn- 
 doch, Raglan, Radeliffe, Brudenell, Sebastopol, 
 and the Villages of Arnprior and Renfrew. 
 
 S2. The North Riding to consist of the Townships of 
 Ross, Bromley, Westraeath, Stafford, Perabi'oke, 
 Wilberforce, Alice, Petawawa, Buchanan, South 
 Algona, North Algona, Fi-aser, McKay, Wylie, 
 Rolph Head, Maria, Clara, Haggerty, Sherwood, 
 Burns, and Richards and any other surveyed 
 Townships lying North-westerly of the said 
 North RidiniT. 
 
 &• 
 
 Every Town and incoi'porated Village existing at the 
 Union, not specially mentioned in this Schedule, is to be 
 taken as part of the County or Riding within which it is 
 locally situate. 
 
BRITISH NORTH AMERICA ACT. 
 
 Ito 
 
 3t 
 
 THE SECOND SCHEDULE. 
 
 Electoral Districts of Quebec specially fixed. 
 
 COUNTIES OF 
 
 Pontiac. 
 
 Ottawa. 
 
 Argentcnil. 
 
 Huntingdon. 
 
 Missisquoi. 
 
 Bromc. 
 
 Shetlord. 
 
 Stanstead. 
 
 Compton. 
 
 Wolfe and Itiehmond. 
 
 Megantic. 
 
 Town of Shcrbrookc. 
 
 THE THIRD SCHEDULE. 
 
 'Provincial Public Works and Property to be the Property 
 
 of Canada. 
 
 1. Canals with Lands and Water Power connected 
 
 therewith. 
 
 2. Public Harbours. 
 
 3. Lighthouses and Piers, and Sable Island, 
 
 4. Steamboats, Dredges, and Public Vessels. 
 
 5. Rivers and Lake Improvements. 
 
 6. Railways and Railway Stocks, Mortgages, and other 
 
 Debts due by Railway Companies. 
 *7. Military Roads. 
 
 8. Custom Houses, Post Offices, and all other Public 
 
 Buildings, except such as the Government of Can- 
 ada appropriate for the V^q of the Provincial Le- 
 gislatures and Governments. 
 
 9. Property transferred by the Imperial Government, 
 
 and known as Oidnance Property. 
 10. Armouries, Drill Sheds, Military Clothing and Mu- 
 nitions of War, and Lands set apart for General 
 Public Purposes. 
 
 THE FOURTH SCHEDULE. 
 
 Assets to be the Property of Ontario and Quebec conjointly. 
 
 Upper Canada Building Fund. 
 Lunatic Asylums. 
 
738 APPENDIX. 
 
 Normal Scliools. 
 Court IIoiiscs ill : ") 
 
 ^,r"^ . 'i [-Low or Canada. 
 
 Jiontieal. 
 
 Kamouraska. J 
 
 Law Society, Upper T'aiiada. 
 
 Montreal Turnpike Trust. 
 
 University Permanent Fund. 
 
 Eoyal Institution. 
 
 Consolidated Municipal Loan Fund, Up])er Canada. 
 
 Consolidated Municipal Loan {-"und. Lowei- Canad;' 
 
 Agricultural Society, Upjjcr Canada. 
 
 Lower Canada Legislative Cxrant. 
 
 Queliec Fire Loan. 
 
 Temiscouata Advance Account. 
 
 Quebec Turnpike Trust. 
 
 Education, East. 
 
 Building and Jury Fund, L<)wer Canada. 
 
 Municipalities Fund. 
 
 Lower Canada Superior Education Income Fund. 
 
 THE FIFTH SCHEDULE. 
 
 OATII OF ALLEOIANX'E, 
 
 I, A. B., do swear, that I will be faithful and bear ti'ue 
 Allegiance to Her Majesty Queen Victoria. 
 
 Note. — The Name of the King or Queen of the United Kingdom of 
 Great Britain and Ireland/or the Time being is to be substituted from 
 Time to Time, with proper Terms of Reference thereto. 
 
 DECLARATION OF QUALIFICATION. 
 
 I, A. B.. do declare and testify. That I am by Law duly 
 (jualitied to be appointed a Menibei- of the Senate of Can- 
 ada [or as the -.jse may dc], and that 1 am legally or equit- 
 ably seized as of Fj-eehold for my own I'se and Benetit of 
 Lands or Tenements hekl in Fi'ce and Common Socage 
 [or seized or possessed for my own L"se and Benetit of 
 Lands or Tenements held in Franc-ulleu or in Eoture (as 
 the case may be),'] in the Province of Nova Stotia [or as 
 the case may he\ of the Value of Four Thousand Dollars 
 over or above all Bents, Dues, Debts, Mortgages, Charges, 
 I'.nd Incumbrances, due or payable out of or charged on 
 or aft'ecting tlie same, and that I have not collusively or 
 
BRITISH NORTH AMERICA ACT, 1871. 739 
 
 colonrably obtained a Title to or become ])Ossesse(l of the 
 said Lands and Tenements or any Part thei-eof for the 
 Purpose of enablini^ me to become a Memb(^r of tlie Senate 
 of Canada [or as the case may be], and that my Jienl and 
 Personal Property are to^ethei- worth Four thousand 
 Dollars over and above my Debts and Liabilities. 
 
 B. • 
 34 AND 35 VICTORIA. 
 
 CHAP. XXVIIT. 
 
 An Act respecting the establishment of Provinces in the Dominion of 
 Canada, 
 
 I29th,hine, 1871.] 
 
 WIIEPtRx\S doubts have been entertained respectini^j 
 the powers of the Parliament of Canada to estab- 
 lish Provinces in Territories admitted, or which may 
 hereafter be atlmitted into the Dominion of Canada, and 
 to provide for the representation of such Provinces in the 
 said Parliament, and it is expedient to remove such 
 doubts, and to vest sucli powers in the said Parliament : 
 
 Be it enacted by the Queen's m.ost excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 1. This Act mav be cited for all purposes as " The Short Title. 
 British North America Act, 1871.,"' 
 
 2. The Parliament of Canada may from time to time Prtriiamc.it 
 
 ,,,., -p) . ■ 4. "^ -4. • r- • n o{ Canada 
 
 establish new Provinces m any territories torming for may estub- 
 the time being part of the Dominion of Canada, but not pro\"inces 
 included in any Province thereof, and may, at the time :in<i provide 
 of such establishment, make provision for the constitu- .<utution?°" 
 tion and administration of any such Province, and for the Ac., thereof 
 passing of laws for the peace, order, and good govern- 
 ment of such Province, and for its representation in the 
 said Parliament. 
 
 3. The Parliament of Canada may fror.i time to time. Alteration 
 with the consent of the Legislature of any Province of provufces. 
 the said Dominion, increase, diminish, or otherwise alter 
 
 the limits of such Province, upon such terms and condi- 
 tions as may be agreed to by the said Legislature, and 
 may, with the like consent, make provision respecting 
 
 47 
 
Y40 APPENDIX. 
 
 the effccl and opcrnlion of any Huch increase or diminu- 
 tion or alteration of territory in relation to any Province 
 affected therebj'. 
 
 o^Ciinach"*^ 4. The Parliament of Canada may from time to time 
 may icRis- make provision for the administi-ation, peace, order, and 
 any tcni- good government of any tci-ritory not ibr the time being 
 ciu5c"rin"a i'^cluded in any Province. 
 
 Province. 
 
 Confirma- 5. Thc Ibllowiiig Acts passed l)y the said Parliament of 
 ActsofP.ir- Canada, and intituled respectively: "An Act for thc 
 liamentof " temporary government of Rupert's Land and the North 
 ASsVicf."' " Western Territory when united with Canada." and '"An 
 cap"3'33V' '' ^^'^ ^" amend and continue thc Act thirty-two and 
 (Canadian)', " thirt3'-three Victoria, chapter three, and to establish 
 cap. 3. <' jind provide for the government of the Province of 
 " Manitoba," .shall be and be deemed to have been valid 
 and effectual for all purposes whatsoevei* from the date 
 at which they respectively received the assent, in the 
 Queen's name, of thc Governor-General of the said Domi- 
 nion of Canada. 
 
 Limitation G, Except as provided by thc third section of this Act, 
 of ParfiM- it shall not be competent for the Parliament of Canada to 
 S'^'^tof alter the provisions of thc last mentioned Act of the said 
 legislate Parliament, in so far as it relates to the Province of Mani- 
 estabHshed toba, or of any other Act hereafter establishing new Pro- 
 Province, vinces in the said Dominion, subject always to the right 
 of the Legislature of thc Province of Manitoba to alter 
 from time to time the provisions of any law respecting 
 the qualiiication of electors and members of the Legisla- 
 tive Assembly, and to make laws respecting elections in 
 the said Province. 
 
 C. 
 
 38-30 VICTORFA. 
 
 CHAP. XXXVIII. 
 
 An Act to remove certain doubts icith respect to the powers of the Parlia- 
 ment of Canada under Section Eighteen of the British North America 
 Act, 1867. 
 
 [I9th Julji, 1875.] 
 
 30. and 31 TTTHEREAS by Section Eighteen of the British North 
 Vict., c. 3. yy America Act, 1867, it is provided as follows : 
 
 "Thc privileges, immunities and powers to be held, 
 " enjoyed and exercised by the Senate and by the House 
 " of Commons, and by the Members thereof respectively, 
 
new 
 r 
 
 PARLIAMENT OF CAXADA ACT. *741 
 
 *' shall be such as arc from time to time defined by Act of 
 " the Parliament of Canada, but so that the same shall 
 " never exceed those at the passiui^ of this Act. held, 
 '• enjoyed and exercise<l by the GMnmons IL^use of J*ar- 
 " liament of the United Kingdom of 'ireat Britain and 
 *' Ireland and l)y the members thereof." 
 
 And Avhereas doubts have arisen with reij:;ard to the 
 power of defining by an Act of the I'arliament of Canada, 
 in pursuance of the said section, the said privileges, pow- 
 ers, or immunities ; and it is expedient to remove such 
 doubts : 
 
 Be it, therefore, enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent of the liords, 
 Spiritual and Tempoi-al, and Commons, in this present 
 Parliament assembled, and by the authority of the same, 
 as follows : — 
 
 1. Section Eii^-hteen of the Bi-itish North America Act, Substitu-^ 
 1867, is hereby repealed with(»ut prejudice to anythin»^Seefionf()i 
 done under that section, and the Ibllowini^ section shall ^S'.l'^," ,|!* 
 be substituted tor the section so repealed. Vict., c. 3. 
 
 The privilei;;es, immunities and powers to be held, en- 
 joyed and exercised by the Senate and by the House of 
 Commons, and by the Membei-s thereof, respectively, shall 
 be such as are from time to time detined l)y Act of the 
 Parliament of Canada, but so t'lat any Act of the Parlia- 
 ment of Canada defining such privileges, immunities and 
 powers shall not confer any privileges, immunities or 
 power exceeding those at the passing of such Act, held, 
 enjoyed and exercised by the Commons House of Parlia- 
 ment of the United Kin<i;dom of Gi-rcat Britain and Ire- 
 land and by the Members thereof. 
 
 2. The Act of the Parliament of Canada passed in theconfima- 
 thirty-lirst year of the Eeign of Her present Majesty, |,'j?"^^nj'^*^'^ 
 chapter tv/enty-foui", intituled ''An Act to provide for dian Par- 
 oaths to witnesses bein<r administered in certain cases ^''i"i^°'^- 
 for the purposes of either House of Parliament" shall be 
 deemed to be valid, and to have been valid as from the 
 
 date at which the Eoyal assent was given thereto by the 
 Governor-General of the Dominion of Canada. 
 
 3. This Act may be cited as " The Parliament of Can- Short Title 
 ada Act, 1875." 
 
742 APPEXDTX. 
 
 X>. 
 OFFICE OF GOVERXOR-GENERAL: 
 
 Co:^iMis.siox, LrrrrERs-PATFAT, Royai, Instuuctions. 
 
 1. 
 
 CANADA. 
 
 Draft df Letters-Patent ])asscd under the Crivat Seal of the 
 United Kingdom, constituting the Office of Governor-General 
 of the Dominion of Canada. 
 
 Letters Patent, ) 
 
 Dated bth October, 1878. j 
 
 Victoria, bj^ the Grace of God, of the United Kingdom of Great 
 Britain and Ireland, Queen, Defender of the Faith, Empress of 
 India; To all to whom these Presents shall come, Greeting. 
 
 "Whereas AVc did, b}' certain Letters-Patent under the Great 
 Seal of Oui- United Kingdom of G?'eat Britain and Ireland, bear- 
 ing date at Westminster the Twenty-second day of May, 1872, in 
 the Thirty-fifth Year of Our Peign, constitute and appoint Oui- 
 Eight Trusty and Eight AVell-beloved Cousin and Councillor, 
 Frederick Temjjle, Earl of Dufferin, Knight of Our Most Illustrious 
 Order of Saint Patrick, Knight Commander of Our Most Honour- 
 able Order of the Bath (now Knight Grand Cross of Our Most 
 Distinguished Order of Saint Michael and Saint George), to be Our 
 Governor-General in and over Our Dominion of Canada for and 
 during Our wil! and pleasure : And whereas by the 12th section 
 of "The British North America Act, 1867," certain powers, 
 authorities, and functions were declared to be vested in the Gover- 
 nor-General : and whereas we are desirous of making effectual 
 and permanent provision for the office of Governor-General in and 
 over Our said Dominion of Canada, without making new Letters- 
 Patent on each demise of the said Office : Now know ye that We 
 have revoked and determined, and by these presents do i-evoke 
 and determine, the said recited Letters-Patent of the Twenty- 
 second day of May, 1872, and every clause, article and thing 
 therein contained : And further know ye that AVe, of our special 
 grace, certain knowledge and mere motion, have thought fit to 
 constitute, order, and declare, and do by these presents constitute, 
 order and declare that there shall be a Governor-General (herein- 
 after called Our said Governor-General) in and over Our Dominion 
 of Canada (hereinafter called our said Dominion) and that the 
 
OFFICE OF GOVERSOR-GESERAL. t43 
 
 person wIjo sliall till llie said Oftitcnf the rjovonior-OoMci'nl sliall 
 Ik* from tiino to timo a])]»oiiited ijy C'oiniiiission uixlcr our Siun- 
 Manual and Si,i;net. And we (h) hereby aulhoi-i/.e and connnand 
 Our said Governor-General to do and exeeute, in tliie order, all 
 things that shall heloni^to his said command, and to the trust wo 
 have i-eposed in him. aeconlini; to the sevei'al jiowers and authori- 
 ties granted or u))))ointed him by virtue of " The British North 
 America Aet, isij"", and of these ]»resent Letters-Patent and of 
 such Commission as may be issued to himinuU-i' our Sii^n-^fanual 
 and Signet, and according to >uch instructions as may from time 
 to time be given to him. under Our Sign-^fanual and Signet, or 
 by Our Oi'der in Our Privy Council, oi' by Us through one of Our 
 Pi'incipal Secretaries of State, and to such Laws as arc or shall 
 herealter be in force in Our said Dominion. 
 
 IL And We do hereby authorize and empow^er Our said Gover- 
 nor-General to keep and use the (Ircat Seal of Our said Dominion 
 for sealing all things wiiatsoever that shall pass the said Great 
 Seal. 
 
 III. And We do further authorize and empower Our said Gover- 
 nor-General to constitute ami a{)point, in Oar name and on Our 
 behalf, all such Judges, Commissioners, Justices of the Peace, and 
 other necessary Otficei's and 3Iinisters of Our said Dominion, as 
 may be lawfully constituted or ajipointed by Us. 
 
 lY. And We do further authorize and emj^ower Our said Govor- 
 nor-General, so far as we lawfully may upon sufficient cause to 
 him a])pearing, to remove from his office, or to suspend from the 
 exercise of the same, any person exercising an\- office within Our 
 said Dominion, under or by virtue of any Commission or Warrant 
 granted, or which may be granted, l)y Us in Our name or under 
 Our authority. 
 
 V. And We do further authorize and empower our said Gover- 
 nor-General to exercise all powers lawfully belonging to Us in 
 respect of the summoning, proroguing, or dissolving the Parlia- 
 ment of Our said Dominion. 
 
 VI. And whereas by *' The British North America Act, 1867." 
 it is amonii'st other things enacted, that it shall be lawful for Us, 
 if We think fit, to authorize the Governor-General of Our 
 Dominion of Canada to appoint any j^erson or poisons, Joinily or 
 severally, to be his Deputy or Deputies within any part or parts 
 of Our said Dominion, and in that capacity to exercise, during the 
 pleasure of Our said Governor-General, such of the powers, authori- 
 ties and functions of Our said Governor-General as he may deem 
 it necessary or expedient to assign to such Deputy or Deputies, 
 subject to any limitations or directions from time to time expressed 
 
•744 APPENDIX. 
 
 or f^iven by Uh: Now We do hereby authoi-izo and empower 
 Our Haid CJovei-nor-Gcnci-al, suliject to Hucdi limitations and direc- 
 tionH as aforesaid, to appoint any jicrsoii or [(crsons, jointly or 
 Hevorally, to be his Deputy or Deputies within any part or pai'tsj 
 of Our said Doitnidon of Canada, and in that capacity to exei-cise, 
 diii'in^ his ])ieasui'e, su(di of his powei's. functions and authoi-ilies, 
 as lie may deem it necessary or expedient to assign to him or 
 lliem: ProvicU'd always, that the appointment of Huch a Deputy 
 or Deputies shall not effect tin; exercise of any such power, 
 authoi-ity or function hy Our said Governoi'-General in person. 
 
 VII. And We do hereby declare Our ])leasuro to ])e tliat, in tlie 
 event of the death, incapacity, removal or absence of Our said 
 Governor-General out of Our said Dominion, all and every the 
 powers and authoi'itics herein granted to him shall, until our fur- 
 ther pleasure is signified therein, be vested in such person as may 
 be appointed by Us imder Our Sign-Manual and Signet to be Our 
 Licutenant-Goveinor of Our said Dominion; oi- if there shall he 
 no such Lieutenant-Govei'nor in Our said Dominion, then in suc'i 
 person or persons as may be appointed hy Us under Our Sign- 
 Manual and Signet to administer the Government of the same ; 
 and in case there shall be no person or persons within Our said 
 Dominion so ap})ointed by Us, then in the Senior Officer for the 
 time being in command of Our regulai* troops in Our said Domi- 
 nion : Provided that no such powers or authorities shall vest in 
 such Licutcnant-Governoi", or such other person or persons, until 
 he or they shall have taken the oaths appointed to be taken 
 by the Governor-Genei-al of Our said Dominion, and in the manner 
 provided by the instructions accompanying these Our Letters- 
 Patent. 
 
 YIII. And We do hereby require and command all Our Officers 
 and Ministers, Civil and Military, and all other the inhabitants of 
 Our said Dominion, to be obedient, aiding and assisting unto our 
 said Governor-General, or, in the event of his death, incapacity or 
 absence, to such ])erson or pei-sons as may, from time to time, 
 under the provisions of Our Letters-Patent, administer the Gov- 
 ernment of Our said Dominion. 
 
 IX. And We do hereby reserve to Ourselves, our heirs and 
 successors, full power and authority from time to time to revoke, 
 alter or amend these Our Letters-Patent as to Us or them shall 
 seem meet. 
 
 X. And W^e do further direct and enjoin that these Our Letters- 
 Patent shall be read and proclaimed at such place or places as Our 
 said Governor-General shall think fit within Our said Dominion 
 of Canada. 
 
OFFICE OF GOVERSOR'GEyERAL. 745 
 
 Tn "Witness wljcreof We have caused these Our Letters to be 
 made Patent. Witness Otirself at Westminster, tlie Hft'a day ot* 
 Oetober, in the Forty-second Year of Our ileign. 
 
 By Warrant under the Queen's Sign-^fanual. 
 
 C. ROMILLY. 
 
 2 
 
 CANADA. 
 
 Draft of Tnstructioxs passed under the Eoyal Si^n-Manual and 
 Signet to tlie Governor-CJeneral of tl)e Dominion of Canada. 
 
 Dated Wi October, 18*78. 
 
 VICTORTA R 
 
 Instructions to our Governor-General in and over Our Dominion 
 of Canada, or, in his absence, to Our Lieutenant-Governor or 
 the Otficei- for the time being administering the Government of 
 Our said Dominion. 
 
 Given at Our Court at Balmoral, this Fifth day of October, 1878, 
 in the Fortj-second year of Our Reign. 
 
 Whereas by certain Letters-Patent bearing even d;it? herewith, 
 We liave constituted, ordei'ed and declared that there shall be a 
 Governor-General (hereinafter called Our said Governor-General) 
 in and over Our Dominion of Canada (hereinafter called Our said 
 Dominion), And we have thereby authorized and commanded Our 
 said Goveinor-Genei'al to do and execute in due manner all thini^s 
 that shall behmg to his said command, and to the trust we have 
 reposed in him, according to the several powers and authorities 
 granted or ap])ointed him by virtue of the said Letters-Patent and 
 of such Commission as may be issued to him under Our Sign- 
 Manual and Signet, and according to such Instructions as may 
 from time to time be given to him, under Our Sign-Manual and 
 Signet, or by Our Order in Our Privy Council, or by Us through 
 One of Our Principal Secretaries of State, and to sucii Laws as are 
 or shall hereafter be in force in Our said Dominion. Now^, there- 
 fore, We do, by these Our Instructions under Our Sign-Manual 
 and Signet, declare Our pleasure, to be, that Our said Governor- 
 General for the time being shall, with all due solemnity, cause our 
 
746 APPENDIX. 
 
 Commission, uikIci- Oui- Siii'ii-^Ianiial and Sii^nct, appointin*:; Our 
 Kaid Governor! ioncral loi- the time being, to be read and publish- 
 ed in the ])i'esence of the Cliief.Iu.stice for the time l>ein<^, or other 
 Judge of tlie Supreme Court of Our said Dominion, and ofthe mem- 
 bersof tlie Privy Council in Oui-said Dominion : And we do further 
 declare Our pleasure to bo that Our said Governor-General, and 
 cvei'v other officer ap])ointed to administer the Government of Our 
 Baid Dominion, shall take the Oath of Allegiance in the Ibrm pro- 
 vided Ity an Act passed in the Session holden ir. the thirty-tirst and 
 thirty-second yeai-s of Our Ileign, intituled : " An Act to amend 
 tlio Law relating to Pj'omissory Oath;-- ; " and likewise that he or 
 they shall take the usual Oath for the due execution ofthe Ofl&cc 
 of Our Govei-nor-General in and over Our said Dominion, and for 
 the due and im])artial administration of justice ; which Oaths the 
 said Chief Justice for the time being, of Our said Dominion, or, 
 in his absence, or in the event of his being otherwise incapacitated, 
 any Judge ofthe Supreme Court of Our said Dominion shall, and 
 he is hereby required to tender and administer unto him or them. 
 
 IT. And We do authorize and rc([uire Our said Governor-Gen- 
 eral from time to time by himself or by any other person to be 
 authorized by him in that l)ehalf, to administer to all and to every 
 person or pei'sons as ho shall thiidc tit, who shall hold any office 
 or place of trustor protit in Our said Dominion, tlie said Oath or 
 Allegiance, together with such other Oath or Oaths as may from 
 time to time be proscribed by any Laws or Statutes in that 
 behalf made and provided. 
 
 III. And "We do require Our said Governor-Genoral to commu- 
 nicate forthwith to the Privy Council for Our said Dominion these 
 Our Instru. [ions, and likewise all such others from time to 
 time, as he shall find convenient for Our service to be imparted 
 to them. 
 
 IV. Our said Governor-General is to take care that all laws 
 assented to by him in Our name or reserved for the signification 
 of Our pleasure thereon, shall, \ aen transmitted by him, be fairly 
 abstracted in the margins, and le accompanied, in such cases as 
 may seem to him necessary, v h such explanatory observations 
 as may be required to exhibit e reasons and occasions for pro- 
 posing such Laws ; and ho st . also transmit fair copies of the 
 Journals and minutes of the pi ceedings of the Parliament of Our 
 said Dominion, which he is to require from the clei'ks, or other 
 proper officers in that behalf, of the said Parliament. 
 
 Y. And "We do further authorize and empower Our said Gover- 
 nor-General, as he shall see occasion, in Our name and on Our 
 behalf, when any crime has boon committed for which the oft'endor 
 may be tried within our said Dominion, to grant a pardon to any 
 
OFFICE OF GOVERXOR-GEXERAL. t47 
 
 accomplice, not being the actual pcrpcti-ator of such crime, who 
 shall give such information as shall load to the conviction of tlu- 
 principal offender; and further to grant to any otfeiuler convicted 
 of any crime in any Coui-t. or hefore any Judge, Justice, or Magis- 
 trate, within Our said Dominion, a ])ardon, either free or subject 
 to lawful conditions, or any i-espite ot'thecxecution of thesentence 
 of any such offender, for such period as to Our said (iovernor- 
 General may seem tit, and to remit any tines, penalties, or forfei- 
 tures, which may become due and payable to Us. Provided 
 always, that Our said Governor-General shall not in any case, 
 except where the offence has been of a political nature, make it a 
 condition of any pardon or i-emission of sentence that the offender 
 shall be banished from or shall absent himself from Our said 
 Dominion. And We do hereby direct and enjoin that Our said 
 Governoj'-General shall not pardon or reprieve any such offender 
 without first receiving in capital cases the advice of the Pj-ivy 
 Council for Our said Dominion, and in other cases the advice of 
 one, at least, of his Ministers; and in any case in which such 
 pardon or reprieve might directly affeci the interests of Our 
 Empire, or of any country or place beyond the jurisdiction of the 
 Government of our said Dominion, Our said Governor-General 
 shall, before deciding as to either pardon or reprieve, take those 
 interests speciall}' into his own personal consideration in conjunc- 
 tion with such advice as aforesaid. 
 
 VI. And whereas great prejudice may happen to Our service 
 and to the security of our said Dominion by the absence of Our 
 said Governor-General, he shall not, upon any pretence whatever, 
 quit Our said Dominion without having ffrst obtained leave from 
 IJs for so doing under Our Sign-Manual and Signet, or through 
 one of Our Principal Secretaries of State. 
 
 V.R. 
 
 3. 
 CAJS^ADA. 
 
 Draft of a Commission passed under the Eoyal Sign-Manual and 
 Signet, appointing the Eight Honoui-able the Marquis of 
 Lome, K.T., G.C.M.G., to be Governor-General of the Dom- 
 inion of Canada. 
 
 Dated nth October, 1878. 
 
 VICTORIA 1\. 
 
 Victoria, by the Grace of God, of the United Kingdom of Great 
 Britain and Ireland, Queen, Defender of the Faith, Empress 
 
748 APPENDIX. 
 
 of India, To oni- Eight, Trusty, and Well-beloved Councillor 
 Sir. JOHN Douglas Sutherland Campbell (commonly called 
 the Marquis of Lome), Knight of Our Most Ancient and Most 
 Noble Order of the Tliistle, Knight Grand Cross of Our Most 
 Distinguished Order of >S^, Michael and St. George, Greeting : 
 
 "We do, by this Our Commission under Our Sign-Manual and 
 Signet, appoint you, the said Sir John Douglas Sutherland 
 Campbell (commonly called the Marquis of Lome), until Our 
 further pleasure shall be signified, to be Our Governor-General in 
 and over Our Dominion of Canada during Our will and pleasure, 
 with all and singidar the powers and authorities granted to the 
 Governor-General of our said Dominion in Oui- Letters-Patent 
 under the Great Seal of Our United Kingdom of Great Britain 
 and Ireland, constituting the office of Governor, bearing date at 
 Westminster the Fifth day of October, 1878, in the Forty-second 
 year of Our Reign, which said powers and authorities We do 
 hereby authorize you to exercise and perform, according to such 
 Orders and Instructions as Our said Governor-Grcneral for the time 
 being hath already or may hereafter receive from Us. And for 
 so doing this shall be youi- Warrant, 
 
 II. And we do hereby command all and singular Our ofl&cers. 
 Ministers, and loving subjects in Our said Dominion, and all others 
 whom it may concern, to take due notice hereof, and to give their 
 ready obedience accordingly. 
 
 Given at Our Court at Balmoral, this Seventh day of October, 
 1878, in the Forty-second year of Our Eeign. 
 
 By Her Majesty's Command, 
 
 M. E. HICKS BEACH. 
 
 The Commission appointing the Marquis of Lansdowne Governor- 
 General in the place of the Marquis of Lome, under date of 18th August, 
 1883, recites the letters-patent as given above, and the Instructions of the 
 5th of October are also continued vrithout change. See Can. Sess P. of 
 1S84, No. 77, where is also given the oath of allegiance taken by his 
 Excellency in accordance with the Imperial Statute 21 and 22 Vict-, c. 48. 
 
ASSEMBLING OF PARLIAMENT. 149 
 
 E. 
 
 PROCLAMATION FOR ASSEMBLING PARLIAMENT FOR THE 
 
 DESPATCH OF BUSINESS. 
 
 Lansdowne. 
 [L.S.] 
 
 CAXADA. 
 
 VICTORIA, by the Grace of God, of tlic United Kingdom of Great 
 Britain and Ireland, Queen, Defender of the Faith, ^a., kc. 
 &c. 
 
 To Our Beloved and Faithful the Senators of the Dominion of 
 Canada, and the Members elected to servo in the Hous;.' of 
 Commons of Our said Dominion, and to each and every of 
 you — Greeting : 
 
 A PEOCLAMATIOX. 
 
 Whereas the Meeting of Our Parliament of Canada stands Pro- 
 rogued to the Seventeenth day of the month of December next, 
 Nevertheless, for certain causes and considerations, We have 
 thought fit further to proi-ogue the same to Thursday the Seven- 
 teenth day of the month of January next, so that neither you nor 
 any of you on the said Seventeenth day of December next at Our 
 City of Ottawa to appear are to be held and constrained : for we do 
 will that you and each of you, be as to Us, in this matter, entirely 
 exonerated ; commanding, and by the tenor of these presents, en- 
 joining you, and each of you, and all others in this behalf interested, 
 that on Thursday, the Seventeenth day of the month of January 
 next, at Our City of Ottawa aforesaid, personally be and appear, 
 for the despatch of business, to treat, do, act, and conclude upon 
 those things which in Our said Parliament of Canada, by the 
 Common Council of Our said Dominion, may, by the favour of 
 God, be ordained. 
 
 In Testimony AVhereof, We have caused these Our Letters to 
 be made Patent and the Great Seal of Canada to be hereunto 
 affixed. Witness, Our Right Trusty and Entirely-Beloved 
 Cousin, the Most Honourable Henry Charles Keith Petty- 
 Fitzmaurice, Marquis of Lansdowne, in the County of 
 Somerset, Earl of Wycombe, of Chipping Wycombe, in the 
 County of Bucks, Viscount Cain of Calnstone in the County 
 of Wiltz, and Lord Wycombe, Bai-on of Chipping', Wycombe, 
 in the County of Bucks, in the Peerage of Great Britain ; Earl 
 of Kerry and Earl of Shelburne, Viscount Clanniaurice and 
 FitzmauricCj Baron of Kerry, Lixnaw, and Dunkerron, in the 
 Peerage of Ireland ; Governor-General of Canada, and Vice 
 Admiral of the same, &c. 
 
750 APPENDIX. 
 
 At Our Government House, in Our City of Ottawa, this Tenth 
 (hiy of November, in the year of Our Lord, one thousand eight 
 hundred and eighty-three, and in the Forty-seventh year of Our 
 Eeign. 
 
 By Command, 
 
 EICIIARD POPE, 
 
 Clerk of the Crown in Chancery, 
 
 Caxiida. 
 
 'O' 
 
 F. 
 
 PRAY EPS OF THE HOUSE OF C0:MM0XS. 
 
 " O Lord our Heavenly Father, high and mighty. King of kings, 
 Lord of lords, the only Ruler of Princes, who dost from thy throne 
 behold all the dwellers upon earth ; Most heartily we beseech thee 
 "with thy favour to behold our most gracious Sovereign Lady Queen 
 Victoria, and so replenish her with the grace of thy H0I3' Spirit 
 that she may alway incline to thy will, and walk in thy way: 
 Endue her plenteousl}' with Heavenly gifts ; grant her in health 
 and wealth long to live ; strengthen her that she may vanquish 
 and overcome all her enemies ; and finally, after this life, she may 
 attain everlasting joy and felicity, through Jesus Christ Our 
 Lord. — Anient 
 
 " Almighty God, the Fountain of all Goodness, we humbly be- 
 seech Thee to bless Albert Edward, Prince of Wales, the Princess 
 of Wales, and all the Royal Family : Endue them with Thy Holy 
 Spirit : Enrich them with Thy Heavenly Grace ; prosper them 
 with all happiness : and bring them to Thine everlasting King- 
 dom, through Jesus Christ Our Lord. — Aii2n.^^ 
 
 " Most Gracious God, we humbly beseech Thee, as for the 
 United Kingdom of Great Britain and Ireland, and Her Majesty's 
 other Dominions in general, so especially for this Dominion, and 
 herein more particularly for the Governor-Genei-al, the Senate 
 and the House of Commons, in their legislative capacity at this 
 time assembled, that Thou wouldst be pleased to direct and pros- 
 per all their consultations, to the advancement of Thy glory, the 
 safety, honour and welfare of our Sovei'cign and Her Dominions, 
 that all things may be so ordered and settled by their endeavours 
 upon the best and surest foundations, that peace and happiness, 
 truth and justice, religion and piety, may be established among 
 us for all generations. These, and all other necessaries for them, 
 and for us, we humbly beg in the name, and through the media- 
 tion of Jesus Christ our most blessed Lord and Saviour. — Amen.'" 
 
 " Our Father which art in Heaven, Hallowed be thy Name. 
 Thy Kingdom come. Thy will be done in Earth as it is in Hea- 
 
FORMS OF MOTIOyS. 151 
 
 ven. Give us this day our daily bread. And forgive us our tres- 
 passes as we forgive thorn who trespass against us. And lead us 
 not into temptation; but deliver us from evil. — Ame7iS 
 
 MODE OF PROPOSING MOTIONS AXD AMEXDMEXTS. 
 
 Mr. Blake moves, seconded by Mr, Mills, 
 
 " That a humble address be presented to Her ^lost Gracious Majesty^ 
 praying that she will be pleased to cause a measure to be submitted to 
 the Imperial Parliament providing that the Parliament of Canada shall 
 not have power to disturb the Financial relations, established by the 
 British North America Act (1867) between Canada and the several Pro- 
 vinces, as altered by the Act resiiecting Nova Scotia." 
 
 Ml'. Archibald moves in amendment, seconded by Mr. Mac- 
 donald (Middlesex), 
 
 That all the words after " That " to the end of the question be 
 left out, and the following Avords inserted instead thereof: — 
 
 " This House adheres to the decision of the Parliament of Canada at 
 its last session, as embodied in the Act intituled : — ' An Act respecting 
 Nova Scotia.' " 
 
 Sir John Macdonald moves in amendment to the amendment, 
 seconded by Sir Geoi'ge E. Cartier, 
 
 That all the words after " thereof" in the said amendment be 
 left out, and the following words inserted instead thereof : — 
 
 " It is the undoubted privilege of Parliament to fix and determine the 
 amount of all expenditure chargeable on the public funds of the Dom- 
 
 inion." 
 
 And the question having been put on the amendment to the 
 said proposed amendment, it was resolved in the affirmative. 
 
 And the question on the amendment to the original question, 
 so amended, being again proposed, 
 
 Mr. Oliver moves, in amendment thereto, seconded by Mr. 
 Magill : — 
 
 That the following words be added at the end thereof : 
 
 " But this House is of opinion that no further grant or provision, beyond 
 those made by the Union Act and the Act respecting Nova Scotia, should 
 in future be made out of the Revenues of Canada, for the support of the 
 Government or Legislature of any of the Provinces-" 
 
752 APPENDIX. 
 
 And the question beini^ put, that those words be there added, 
 the House divided, and it was so resolved in the affirmative. 
 
 And the question on the amendment to the original question, 
 so amended, being again proposed ; 
 
 Ml-, ^yood moved in amendment thereto, seconded by Mr. 
 Magi 11 : 
 
 That the following words be added at the end thereof: 
 
 " And that such steps should be taken, as to render impossible any 
 such grant or provisions." 
 
 And the question being put that those words be there added, 
 it passed in the negative. 
 
 And the question being put on the amendment to the original 
 question, as amended, it was resolved in the affirmative. 
 
 Then the main question, as amended, being put : 
 
 " That it is the undoubted privilege of Parliament to fix and determine 
 the amount of ail expenditure chargeable on the public funds of the 
 Dominion ; but this House is of opinion that no further grant or provi- 
 sion beyond those made by the Union Act and the Act respecting Nova 
 Scotia, should in the future be made out of the revenues of Canada, for 
 the support of the Government or Legislature of any of the Provinces." 
 
 The house divided ; and it was resolved in the affirmative. 
 {See Journals of the House of Commons, 31st March, 1810.) 
 
 AMENDMENTS TO SUPPLY AND WAYS AND MEANS. 
 
 The order of the day being read for the House again in the 
 "Committee of Supply, 
 
 And the question being proposed, That Mr. Speaker do now 
 leave the chair, 
 
 Mr. Laurier moves, in amendment, seconded by Mr. Blake : 
 
 " That all the words after ' That ' to the end of the question be left 
 out, and the following words added instead thereof: 'In the opinion of 
 this House, the public interests would be promoted by the repeal of the 
 duties imposed on coal, coke and breadstuffs, free under the former tariff,' 
 etc." 
 
 On Second Reading. 
 
 Certain resolutions having been reported from Committee of 
 Supply, 
 
 And a motion being made, and the question being proposed, 
 That the said resolutions be now read a second time, 
 
FORMS OF MOTIONS. Y53 
 Mr. moves, in amendment, secontled by Mr. : 
 
 " That all the weds after ' That' to the end of the question, bo left out 
 in order to add the following words instead thereof, etc." 
 
 On Concurrence. 
 
 A resolution having been read a second time, and the question 
 being proposed, That the House do concur with the Committee 
 in the said resolution ; 
 
 ]\Ii\ moves in amendment, seconded by Mr. B , 
 
 " That all the words after ' That ' to the end of the question be left out, 
 etc." 
 
 MOTIONS ItESrECTINO PUBLIC BILLS. 
 
 On Introduction. 
 
 Mr. Eichej' moves, seconded by Mr. Daly, for leave to bring 
 in a bill to amend the Acts resj^ecting Cruelty to Animals. 
 
 At Other Stages. 
 
 Mr. Eichey moves, seconded by Mr. Daly, that the bill to 
 amend the Acts respecting cruelty to animals, l>e now read a 
 second time (or committed to a committee of the whole), or road 
 a third time. 
 
 O71 Reference to a Select Committee. 
 
 Mr. Weldon moves, seconded by Mr. McCarthy : 
 
 " That the bill to amend the Act passed in the forty-fifth year of the 
 reign of Her present INIajesty intituled : An Act to repeal the duty on 
 promissory notes and bills of exchange. &c., be referred to a select com- 
 mittee composed of Messrs. AVeldon, McCarthy, Girouard (Jacques Car- 
 tier), Jamieeon and Wells." 
 
 Instruction. 
 
 The order of the day being read, for the Committee on the 
 County Courts (Ireland) Bill ; 
 
 Mr, moves, seconded by Mr. , 
 
 " That it be an instruction to the Committee, that they have power to 
 make provision for the extension of the Equity jurisdiction of the Courts." 
 (137 E. Com. J. 202.) 
 
 On Second Reading. 
 
 The order of the day being read for the second reading of the 
 Thames Kiver bill ; 
 
754 APPENDIX. 
 
 An<l Ji motion iKuiii^ mtido, and tlio (Hicstion bohii^ proposed, 
 That tho bill be now ivjul u second time : 
 
 Mr. A moves, in amendment, seconded by Mi*. B : 
 
 "That all tho words after ' That ' to h(^ end of tho (itiostion bo loft out, 
 and that th(^ following words 1 o added instead ihoroof: 'The character 
 and objects of this hi il arti s .1 as to constitute it anuasiiroof public 
 policy which onudit not to ho dealt with 1)V any i)rivate bill.' " (See 130 1*1 
 Com. J. 1()L' ; Can. Com. J. [1881'] 410.) 
 
 On Order for Committee of the Whole. 
 
 Tho oi'der of the day being read for the House in Committee 
 on the bill to I'stablish a Supi-eme Court and a Court of Excliequer 
 for the Dominion of Canatla; 
 
 And the question being ])roposcd, That Mr. Speaker do now 
 leave the chair ; 
 
 Mr. Baby moves, in amendment, seconded by Mi-. Mousseau : 
 
 " That all the words after ' That ' to the end of the question be left out 
 and the following words added instead thereof: 'In tho resolutions 
 adopted at the conference held at Quebec, etc' " (Can. Com. J. [18751 
 284-285.) 
 
 To defer Consideration of a Bill. 
 
 The order of the day being read, for the second reading of the 
 bill to amend " An Act to enlarge and extend the powers of the 
 Credit Fongier, Franco-Canadian." 
 
 And the question being proposed, That the bill be now read a 
 second time ; 
 
 Mr. Bonrassa moves in amendment, seconded by Mr. Fiset : 
 
 " That the word ' now ' be left out, and the words ' this day six months ' 
 added at tha end of the question." 
 
 In Case of a Bill temporarily Superseded. 
 
 That the bill to amend the Insolvent Act of 18*75 be read a 
 second time on Thursday next. (Com. J., 18*7(3, p. 245.) 
 
 That this House will, on Monday next, resolve itself into a 
 committee to consider further of the bill (Com. J., 1883, p. 159.) 
 
 MOTIONS RESPECTING PRIVATE BILLS. 
 
 In case the Committee on Standing Ordei'S recommend a sus- 
 pension of the 51st rule respecting notice, the following proceed- 
 ing is necessary : 
 
FORMS OF MOTIONS. 15') 
 
 Mr. Cameron, of Yictoi-ia, moves, seconded by Mr. Bergin : 
 
 " That the fifty-first nilo of this Hoiiso bo siis|)on(lo(l as rofjards a bill 
 to incor|)orato the Qu'Apjwllo, Loni,' Lako tS: Saskatchewan Kailroa<l and 
 Steamboat Cumpany, in accordanco with tiio rocoiuini'iidation of the 
 St)lo<'t Standin-; ('oiiunitteo on Standing Orders; and that ho have leave 
 to bring in the said hill." 
 
 The foregoing form of motion is commonly used in such cases, 
 but sometimes, and more correctly, the motion is divided into 
 two distinct propositions as below : 
 
 Mr. Killam moves, seconded by ^tr. IJrown, 
 
 " That the fifty-first rule of this House bo suspended, in so far as it 
 aflfects the {Kitition of the Exchange Bank of Yarmouth, Nova Scotia, in 
 accordance with the recommendation of the Select Standing Committee 
 on Standing Orders." 
 
 This motion having been agreed, ^[r. Ivilhim moves, seconded 
 by Mr. J3ro\vn, for leave to introduce the bill as above. 
 
 Title amended on Motion for Passage. 
 
 Mr. Gault moves, seconded by Mi*. Conrsol, 
 
 " That the bill do pass and that the title bo ' An Act to amend the Act 
 of incorporation of ' The Accident Insurance Company of Canada,' and to 
 anthori/e the change of the name of the said Company to ' The Accident 
 Insurance Company of North America.' " 
 
 Disagreement to a Senate Amendment. 
 
 The amendments made by the Senate to the bill intituled " An 
 Act to incorjiorate the ]\rissionary Society of the We.>?leyan 
 Methodist Church in Canada " were read a second time. 
 
 The first amendment having been agi-eed to, ^Ir. McCarthy 
 moves, seconded by Mr. Cameron, of Victoria, to disagree to the 
 second araentlm cut for the ibllowing reason: 
 
 (Here state reason in full as on page 320, journals of 1883.) 
 
 JRefunding of Fees on a Private Bill. 
 
 Mr. Williams moves, seconded by Mr. White, of East Hastings, 
 
 " That the fees and charges paid on the bill to incorporate the Univer- 
 sity of Saskatchewan and to authorize the establishment of colleges 
 within the limits of the diocese of Saskatchewan be refunded, less the 
 cost of printing and translation, in accordance with the recommendation 
 of the Select Standing Committee on Miscellaneous Private bills." 
 
 48 
 
756 APPENDIX. 
 
 H. 
 
 FORy[ OF PETITION TO THE THREE BRANCHES OF PARLIA- 
 MENT FOR A PRIVATE BILL. 
 
 To Iliw Excellency, the Most Honourable the Marquis of Lans- 
 downe, Governor-General of Canada, etc., etc., etc., in Council. 
 
 The Petition of the undersigned of the of 
 
 humbly sheweth : 
 
 That {here state the object desired by the petitioner in soUcltinj 
 an Act.) 
 
 "Wherefore your petitioner humbly prays that Your Excellency 
 may be pleased to sanction the passing of an Act (/or the pur- 
 poses above mentioned). 
 
 And as in duty bound your petitioner will ever pray. 
 
 (Signature) I ^^''^^5^;! ^^^J^ ^^ '^" ^'^^'^^"S 
 iDate.) 
 
 (To either Mouse.) 
 
 To tho Honourable the { ^^^^'^'^^ Commons } 
 of Canada, in Parliament assembled : 
 
 The Petition of the undersigned of the of 
 
 humbly sheweth : 
 
 That {here state the object desired by the petitioner in solicit- 
 ing an Act.) 
 
 AYherefore your petitioner humbly prays that your Honourable 
 House may be pleased to pass an Act (for the purposes above men- 
 tioned.) 
 
 And as in duty bound, your petitioner will ever pray. 
 
 (Signatui-e) •{ Seal, as above. 
 
 (Date.) 
 
NOTIFICATION OF VACANCIES. 757 
 
 I. 
 
 NOTIFICATION OF VACANCIES IN THE IIOUSE OF COMMONS, 
 AND OF SPEAKER'S WARRANTS FOR NEW WRITS. 
 
 1. Notification bij two members in ca'^e of a vacancij by death or the 
 acceptance of office. 
 
 Dominion of Canada. ) jj^^^^ ^,^, Commons. 
 
 To wit : J 
 
 To tho Honourable the Speaker of the House of Commons : 
 
 We, the uiHlcr.sii:;nod, hereby give notice that a vacancy hath 
 occurred in the representation in the House of Commons, for the 
 Electoral District of (here state Electoral District, cause of vacancy 
 wid name of member vacating seat.) 
 
 Given under Our Hands and Seals, at , this 
 
 day of , 188 
 
 Member for the Electoral District 
 
 of 
 Member for the Electoral District 
 
 of 
 
 Dominion of Canada, ) -rr^ „„ ^„ r«^ , ,^ 
 
 m -^ . [• House of Commons. 
 
 2. Notification by two members in case of absence of Speaker. 
 To the Clerk of the Crown in Chancery. 
 
 The Speaker of the House of Commons being absent from 
 Canada, these are to require you, under and in virtue of the 41st 
 Vict., Cap. 5, sec. 14, subsection 2, to make out a new writ for the 
 election of a ^Member to serve in the present Parliament for the 
 Electoral District of 
 
 in the Province of in the room and place of 
 
 who, since his election for the said Electoral District, hath 
 
 Given under Our hands and Seals, at , this 
 
 day of in the year of Our Lord one thousand eight 
 
 hundred and 
 
 Member for the Electoral District 
 
 of 
 Member for the Electoral District 
 
 of 
 
758 APPENDIX. 
 
 3. Resignation of a Member. 
 
 Dommion of Canada, ) -it ^.. / ^ . , 
 
 To wit- \ House of Commons. 
 
 To the Honoiiralilt' the SpeuktM* of the IIouho of Commons : 
 
 I, mombcj- of tho lloiiso of Commonn of Canada, 
 
 for the electoral <listrict of , <lo hereby resign my scat 
 
 in the Haid House of Commons, for the constituency atbrcsaid. 
 
 Given under my hand and seal at tho , this day 
 
 of , 18 
 
 [L-S.] 
 
 Witness, &c. 
 
 Speaker's Warrants for New Writs of Election. 
 1. In case of death, resignation or acceptance of office. 
 
 Dominion of Canada, ) xr ^^ ^ r< „,,,.»,» 
 
 To wit • I House of Commons. 
 
 To the Clerk of the Crown in Chancery : 
 
 These are to require you to make out a new writ for the election 
 of a Member to serve in this present Parliament for the Electoral 
 District of , 
 
 in tho room of who, since this election for the said 
 
 Electoral District hath (here state reason for issue of warrant ; 
 acceptance of office, resignation or decease.') 
 
 Given under my hand and seal at this day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 Speaker. 
 
 2. In case of voiding of seat by decision of Election Court. 
 
 Dominion of Canada, ) tt /-< 
 
 Tow't- f House of Commons. 
 
 To tho Clerk of the Crown in Chancery : 
 
 These are to require yon to make out a now writ for the election 
 of a Member to serve in this present Parliament for the Electoral 
 District of in the room of whose election for 
 
 the said Electoral District has been declared void. 
 
 Given under my hand and seal at this day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 Speaker. 
 
INDEX. 
 
 AiwFATB, Ixmvo of, 14G. 
 
 Abstract resolutions, 4GS-9. 
 
 Accounts ami PajHirs; presentation, 
 2U4 ; character of, /''. ; form of 
 motions for, 27"); distinction be- 
 tween aiMre.sscs and orders, 27*!- 
 27S; returns in answer, 278-7!); 
 often presented in a S('s.sif)n sub- 
 sequent to the order, 27!' ; ordered 
 to be printed, 27!^*, 2.SU, 2S7, 2S9- 
 00 ; carefuhiess in preparation 
 necessary, 27!) ; sometimes i)re- ; 
 sentod by ministers witliout a 
 formal motion, 2S0 ; circum- 
 stances under whicli pajx^rs are 
 refused, 280; when jjublic in- 
 terests demand it, 281 ; confiden- | 
 tial communications, 281, 282, j 
 284 ; rules of imix^rial fj:overn- 
 ment with respei-t to <rovernor- i 
 jreneral's d(^si)atches, 282, 284 ; 
 should not l)e asked for purposes \ 
 of private litij:ation, 284; should 
 relate to matters Avithin legiti- 
 mate functions of parliament, 
 285 ; institutions established for 
 public objects, or companies to 
 whom parliament has given cer- 
 tai.i privileges, should afford all 
 proper information, when called 
 upon, S5-28() ; interchange of 
 docume-ais between the houses, 
 404. 
 
 Acts of parliament; how introduced, 
 570; remain in custody of clerk 
 of the parliaments, 583. 
 
 Addresses : 
 
 I. Address in answer to speech 
 at opening of parliament; pro- 
 
 A Di )1;essi:s — ro )t timuil. 
 
 ceedings in the inmate, 223-224; 
 in the Commons, 231-235. 
 
 II. On general subjects, to the 
 (|ueen or the governor-general, 
 2112; founded on resolutions, 21)3 ; 
 select ('(jmmittee appointed to 
 draft the same, 2!)4. 
 
 III. Joint, originating in the 
 Commons, 2!>4-2Ii5 ; in the Senate, 
 2! 15-2!)*). 
 
 IV. Of condolence or congratu- 
 lation to the sovereign, jiassed 
 mm. con., 2!»«); to the governor- 
 general in case of elevation to the 
 peerage, 21)7. 
 
 V. On retiremen't of governor- 
 general, 2!*7; proceedings in case 
 of Lord Lisgar, 2!»8 ; of Lord 
 Dufl'erin, Ih.; of Lord Lome, lb. 
 
 VI. Presentation, mode of, 299. 
 
 VII. To the Prince of Wales in 
 
 ISGO, 304-o(MJ. 
 
 VIII. For accounts and papers, 
 275-277. See Arcowd^ <nid Papers. 
 
 IX. For a certain expenditure, 
 504 ; procedure in English Com- 
 mons, Ih.; cannot be moved in 
 Canadian house without recom- 
 mendation of governor-general, 
 505. 
 
 Adjournment ; of parliament at 
 pleasure of sovereign, 238 ; house 
 not bound to obey such com- 
 
760 
 
 INDEX. 
 
 Adjournment — ronthnwl. 
 
 mands, Ih.,- over holidays, 241- 
 242; for a long jx'.riod, 242-24:5; 
 during,' pleasure, 240 ; in absence 
 of (juoruni, 247-248 ; of debate 
 on bill, 254-255 ; on notices of 
 motions, 257, 258, 334; on ques- 
 tion for reception of i)etitions, 
 232 ; on a question of privilege, 
 318; of the house, to sujx^rhsede 
 a question, 3o3-334; of debate, 
 should 1)6 pure and simple, 335; 
 of the house, or of the debate, may 
 be moved to previous question, 
 or to reading orders of the day, 
 338 ; debate on motions, 351 ; 
 reply allowed to mover of sub- 
 stantive question for adjourn- 
 ment of the house, Ih. ; procedure 
 in Canadian Commons, 352 ; limi- 
 tations to debate on motions, 352, 
 353,355, 356 ; new rules of English 
 Commons to prevent abuse of 
 motions, 380-381. 
 
 Affirmation. See Oath.t. 
 
 Agents, parliamentary, 622. 
 
 Algoma, election for, when held for 
 Ontario Legislature, (id, ??. 
 
 Amendments; moved without no- 
 tice, 325; proposed to leave out 
 certain words, etc., Ih. ; how put, 
 327-328 ; form in Canadian houses 
 different from that of English 
 parliament, 326, n ; amendment 
 to amendment, 329; when re- 
 solved in afhrmative, cannot be 
 struck out in whole or in part, 
 lb. ; words added to main motion, 
 as amended, 330 ; onlj^ two 
 amendments proposed to a ques- 
 tion at the same time, 330-331; 
 should be relevant to a motion, 
 331-333 ; mode of amending a 
 question, line by line, or para- 
 graph by paragraph, 331, 542; on 
 going into supply, 476-481; on 
 report of supply or ways and 
 means resolutions, 490-491 ; to 
 appropriation or suppl}' bill, 499. 
 
 See Bills. 
 
 Amyot, Mr.; his opinion as to 
 questions of jurisdiction affecting 
 private bill legislation, 603, n. 
 
 Anglin, Mr. Sjieaker; resigns, 132; 
 reelected, 145 ; makes certain ap- 
 pointments, not sanctioned, 174, 
 n.; his opinions on points of 
 order, 217, v., 265, 268, n., 269, 
 291, 309, n., 313, 320, 346, 543. 
 
 Annunciation ; houses adjourn over, 
 241. 
 
 Apologies ; required of and given 
 by members, 363, 368, 371, 373, 
 375. 
 
 Appropriation accounts ; audit of, 
 505 et scq. 
 
 Appropriation Act. See chap. xvii. 
 on Supply, sec. ii. 
 
 Arrest ; freedom of members from ; 
 in civil cases, 190 ; but not in 
 criminal cases, Ih. ; statutes de- 
 fining privileges, 187; of local 
 legislatures, 207-20S ; duration of 
 the privilege, 191 ; causes of, 
 communicated by the crown, 
 303; by judges, lb.; witnesses, 
 counsel, and others in attendance 
 on parliament, privileged, 196. 
 
 Ascension Day ; houses do not sit, 
 241. 
 
 Ash "Wednesdav ; houses do not sit, 
 241. 
 
 Assent, royal ; to bills, 567 et seq. 
 
 Attendance of members ; on par- 
 liament, 145 ; on committees, 435- 
 436 ; call of the house no longer 
 usual, 146. 
 
 Appendix to this work ; British 
 Korth America Act (1867) ; an 
 act respecting the establishment 
 of provinces in the dominion of 
 Canada (34-35 Yict, c. 28); an 
 act to remove certain doubts with 
 respect to the powers of the par- 
 liament of Canada under section 
 18 of the B. N. A. Act (38-39 
 Vict., c. 38) ; Governor-General's- 
 instructions, etc ; proclamation 
 summoning parliament ; prayers ; 
 forms of motions and petitions ; 
 Speaker's warrants. 
 
INDEX. 
 
 Y61 
 
 Auditor-Genoral ; appointment by 
 commission, 505 ; his duties, 50G 
 et spq.; with resix3Ct to accounts 
 and exjxmditures of the two 
 houses, 184, 501). 
 
 Ballot, at elections; acts relative 
 to, 131. 
 
 Banking and Commerce, commit- 
 tee of; appointed in the Senate, 
 427; in the Commons, 428, 430; 
 bills referred, 042. 
 
 Bankruptcy; position of senators 
 aflectod by, 108, 
 
 Bar of tlio House; in the Senate, 
 witnesses sworn and examined, 
 202 ; oath administered under 
 act, 458, 400; in the Commons, 
 ■witnesses examined, 202. 
 
 Bills : 
 
 I. In General. — Definition ; 
 divided into distinct parts, 510; 
 preamble, 511; enacting autlior- 
 ity, j)reamble in supply bill, 512; 
 divided into two classes, public 
 and private, 512-513; may ori- i 
 ginate in either house, 513 ; ■ 
 appropriation or tax bills, initi- | 
 ated in the Commons, 513-514; | 
 Senate bills, involving expendi- \ 
 ture or taxes, laid aside, or sent 
 back with reasons for disagree- 
 ment, 514; Commons waivo pii- 
 vileges in certain cases, 11). ; 
 pecuniary jjenalties or fees for 
 services performed, 515; bills in 
 upper house presented with 
 money clauses in italics struck 
 out in committee, 516. i 
 
 II. Introduction. — No notice in 
 Senate, 516; but one necessary 
 ill Commons, lb. ; procedure on 
 motion for leave, 517 ; first read- 
 ing, 518 ; not read at length, lb. ; 
 relating to trade, originating in 
 committee of the Avhole,518 ; pre- 
 cedents of bills of this nature, 
 518-23; involving public aid or 
 charges, considered first in com- 
 mittee of the whole, 523-524; 
 procedure in case of bills, inci- 
 dentally affecting the revenue, 
 lb.; rule does not apply to pecu- i 
 
 Bills — continued. 
 
 niary penalties, 525 ; or to fees or 
 charges for services ix>rformed, 
 lb. ; or to declaratory acts, 52(i; 
 or to local rates or charges, 527 ; 
 clauses in (consolidation bills im- 
 posing new charges originate in 
 committee, 527-528; introduced 
 by mistake, 557 ; once presented 
 not altered except bv house, 
 560-561, 
 
 III. Second Reading. — ^lotion 
 proposed, 528 ; must be printed in 
 two languages, 529 ; principle of 
 bill then discussed, /^.; amend- 
 ments at this stage, 530 t7 W7; 
 motion supt>.rseded, 530 ; but bill 
 may be revived, lb.; order dis- 
 charged and bill withdrawn, 531. 
 
 IV. Order for Committer of the 
 Tr/(o/<>.— Calling of order, o32; 
 motions pro|K)sed, lb. ; clauses 
 not discussed in detail, lb. 
 
 V. InMrvctiona. — Time for mov- 
 ing, 533; their nature, lb.; pre- 
 cedents from English practice, 
 533-535 ; Irom Canadian practice, 
 535 ; rule resi)ecting, 535-536 ; pro- 
 cedure in cases of ex{)eiiditure or 
 taxes, 536 ; or trade,536 ; not man- 
 datory, 5;)7; cannot be moved 
 after reading of order for house 
 again in committee, 538. 
 
 VI. Riference to Select Commit- 
 tee. — Frequently done, 538 ; ad- 
 vantages of practice, 539 ; several 
 bills referrcil at one time, 540; 
 reported, lb. 
 
 VII. In Committee of the 
 Whole.— In the Senate, 541;'(title), 
 lb. ; (clauses), lb. ; in the Com- 
 mons, (title), lb.; (clauses), lb.; 
 amendments proposed, 542 ; limi- 
 tations, 54 .'-544 ; notice need not 
 be given, 540; money or tax 
 clauses nmst l)e considered in a 
 previous committee, 544; recon- 
 sideration of clauses, 545 ; progress 
 reported, 546 ; no report, lb. /bill 
 superseded, Il>. ; but may be revi- 
 ved, lb. ; cases of no relierence to 
 committee, 548-549. 
 
•762 
 
 INDEX. 
 
 BiLii? — continued. 
 
 VIII. J!(']iorl( (I from Committee 
 of the Whole. — Recoivod forth- 
 with, when not anic.ndod, 547; 
 bill oonsidorod, when aniondod, 
 immediately or a future time, / 6. 
 
 IX. Third Read'mg. — Procedure 
 in the Senate of amendinjj; at 
 this stage, 550 ; no amendment in 
 Commons but of a verbal nature, 
 550; must go back to committee 
 to amend materially, Ih. 
 
 X. Po.s.wf/f'.— Amendments, 551; 
 cannot go back to committee, //>. / 
 title amended, Ih. 
 
 XL Amendments after Pass- 
 age. — Bill taken up to other house, 
 551 ; amendments thereto, 552 ; 
 agreed to, 553 ; or disagreed to for 
 reasons, Ih.; either liouse may 
 insist or not insist on disagrec.- 
 ment, Ih. ; consequential amend- 
 ments infringing on Commons' 
 j>rivileges, 554 ; debate limited at 
 this stage, J h. ; amendments in- 
 fringing on Commons' privileges, 
 555. 
 
 XII. Roycd Assent. — By the gov- 
 ernor-general, 507 ; reserved bills, 
 508 et se<j. ; royal instructions, 5(19 ; 
 changes therein, 572 ; imj)erial 
 jwAver of disallowance, 573 ; copies 
 of acts transmitted to imperial 
 authorities, 574 ; assent in pres- 
 ence of the two houses, 575 ; infor- 
 malities in passage of a l)ill which 
 has received assent, 57(3 ; 3^]nglish 
 precedents, 576-577; (Quebec cases, 
 577; assent in the i)rovincial 
 legislatures, 577 ct seq. ; lieuten- 
 ant-governors in certain cases 
 withliold it, 578 ; an exceptional 
 practice, not explained, 579-81. 
 
 XIII. I«no?«-s Proceedings. — 
 Kevival of a bill temporarily sus- 
 pended, 555; no notice required, 
 546, 556; expedition in passage, 
 558 ; practice in the Senate, Ih. ; 
 in the Commons, lb.; Englisli 
 procedure explained, 559 ; mis- 
 takes corrected during passage, 
 561 ; amendments left out and 
 subsequently added, Ih. ; return 
 
 Bills — con t'mued. 
 
 of bill not passed all its stages, 
 562; royal consent not given, J//.; 
 bill lost by accident, Ih.; once 
 rejected not again offered in same 
 session, 5(>o ; exceptions to gene- 
 ral rule, 5()4-5()() ; bills ( »f the same 
 title and jiurport, 56()-567 ; amend- 
 ment or rei)oal, in the same ses- 
 sion, 582 ; commenc^ement of an 
 act, lb. ; duty of clerk of the par- 
 liaments, 5>S3 ; distribution of the 
 statutes, Ih. 
 
 Black Rod. See Usher of the Black 
 Rod. 
 
 Blake, Edward, Hon.; his mission 
 to England, and conseiiuent modi- 
 fications in governor-general's 
 instructions, etc., 50, n, 571 ; his 
 opinions on (juestions of legis- 
 lative jurisdiction. 596, n, 603; 
 on select committees, 430, n; as 
 to an act which had not passed 
 all its stages, 577. 
 
 Blanchet, Mr. Si)eaker; read pray- 
 ers in French and English, 249; 
 his decisions on points of order, 
 262, n, 275, 560. 
 
 Boards of trade, bills relative to, 
 590. 
 
 Books, newspaixjrs, documents ; not 
 read in certain cases, 346. 
 
 Bouc, C. B. ; expelled from assem- 
 bly of Eower Canada, 150. 
 
 Breach of Privilege. See Pririleges 
 of Parliament. 
 
 Briberv at elections; acts to pre- 
 vent^ 121-122. 
 
 Bribes ; resolution declaring offer 
 of, to members, a breach of privi- 
 lege ; made standing order of 
 Commons, 196. 
 
 British Coluvihia. See Parliament- 
 ary Institutions in Canada, VIL 
 
 British North America Act, 1867. — 
 (Api^endix I of this work; follow- 
 ing figures refer to sections of the 
 
INDEX. 
 
 •763 
 
 BrjTisii NouTii Amekica Act — con- 
 tinued. I 
 
 Act:) Preliminary, 1-2; union, 
 3-8; executive. ]K>\vor, 9-1(1; con- 
 stitution of ])arlianient, 17-20; of 
 tlie Senate, 21-8(); of tlie House 
 of ( 'omnions, 07-52 ; money votes, 
 53-54; royal assent and disallow- 
 aneo and reservation of l)ills, 
 55-57. Provincial constitutions: 
 Executive i)o\ver, r)S-(kS; le<xisla- 
 tive power, in Ontarif), ()0-70 ; in 
 <iuebec, 71-8f) ; le<.'islatures of 
 Ontario and (^ueljec, summoned, 
 continuance of election laws, etc., 
 81-87; constitutions of Nova 
 +Scotia and New Brunswick, 88 ; 
 first election in ])r(>vince6, 89; 
 application to le<.'islatures of pro- 
 visions resix'.ctin': money votes, 
 etc., 90. Distribution of le^ds- 
 lative ]iowers : Of ])arliament, 
 i>l ; of ijrovincial le.-:islatures, 92; 
 education, 9,'). Uniformity of laws 
 in Ontario, Nova Scotia and Now 
 Brunswick, 94. A<rriculture and 
 inmii<rration, 95. .ludicature, 96- 
 101. Kevenuee, debts, as.^ets, tax- 
 ation, 102-120. ^liscellaneous j)ro- 
 visions : As to lejxislative coun- 
 cillors of provinces Itecoming 
 senators, 127; oatli of alle^riance, 
 how administered, 128 ; continu- 
 iince of existing laws, courts, 
 ofhcers, etc., 129; transfer of otii- 
 cers to Canada, 130 ; aj>pointment 
 of new officers, 131 ; treaty obli- 
 gations, 132; use of English and 
 Erench languages, 133 ; appoint- 
 ment of executive otficers for 
 Ontario and Quetec, 134 ; powers 
 and duties of executive otiicers, 
 135; great seals, 130; construction 
 •of temporary acts, 137; as to er- 
 rors in names, 138 ; as to issue of 
 proclamations before union, to 
 commence after union, 139 ; as 
 to issue of i)roclamations after 
 union, 140; i)enitentiary, 141 ; 
 arbitration resi)ecting debts, 142 ; 
 division of records, 143 ; constitu- 
 tion of townships in (Quebec, 
 144. Intercolonial railway, 145. 
 Admission of other colonies, 140- 
 147. Schedules: I. Electoral dis- 
 tricts of Ontario ; II. Electoral 
 districts of Quel)ec ; III. Provin- 
 cial public works and property to 
 
 British North A.mi;kica Act — cou- 
 timu'd. 
 
 1)0 the projK'rty of Canada; IV. 
 As.^ets to lie the proi>e7"ty of 
 Ontario and (Juebec conjointly ; 
 V. Oath of alk^giance anil declara- 
 tion cjf qualification. Acts in 
 amendment thereof, ;>4-35 Vict., 
 c. 28 ; 38-39 Vict., c. 38. 
 
 JBv'Jfirt Sjxrch. See Chapter on Sup- 
 phj, s,c 7. 
 
 Cam. or the Ilorsi-: ; no longer usual 
 in Canadian Commons, 140. 
 
 Campbell, Sir A. ; member of Que- 
 bec Conference, 42//. ; his opi- 
 nions on constitutional and par- 
 liamentary questions, 58 n., 072, 
 075 V. 
 
 CanwJa, Parliamentary IiiPtitutioui^ 
 in. See Parliamentari/ Institutions, 
 etc. 
 
 Candi<lates for the House of Com- 
 mons; ehgibiUty of, 112-113:124 
 et seq. ; 130 et scq. 
 
 Cartier, Sir George E. ; his remains 
 interred at public exjiense, 504; 
 address in the Commons on sub- 
 ject, .504. 
 
 Caf^tirig voice of Speaker of the Com- 
 mons. See Chapter XIII. on Divi- 
 sions, sec 4. 
 
 Certificates ; of appointment of 
 senators, laid before. Senate, bv 
 speaker, 109, 221 ; by clerk, 223. 
 In the Commons, l)y S{)eake.r, 231, 
 23() ; on certain occasions by 
 clerk, 144 ; proceedings in ca.se of 
 non-production, 141 ; of judges in 
 election cases, 120. 
 
 Chairman of Committees ; of the 
 Avhole house, in the Senate, 410 ; 
 in the Commons, lb.; of select 
 committt^es, 438; how they vote, 
 in the Senate, 443 ; in the Com- 
 mons, Ifj. 
 
 Chaplain ; appointed in the Senate 
 by the governor-general, 100 
 reads i)rayers daily, 248. 
 
164: 
 
 INDEX. 
 
 Civil Service: 
 ing, 33-35. 
 
 legislation respect- 
 
 Civil List ; control of, 25, 35. 
 
 Clauses ; money, in bills, 523, 544 ; 
 involving taxation, 1k)W taken 
 Tip in comnnttees on bills, 544. 
 
 Clerk Assistant; ai)pointed in the 
 Senate, 15!) ; in the Commons, 
 169,171 ; second clerk assistant in 
 the Commons, sometimes ai)point- 
 ed, 171, 172. 
 
 Clerk of the CroAvn in Chancery ; 
 appointed by the Crown; his 
 duties, 177, ct .'.vvy. ; attends tlie 
 house witli election returns ; 
 amends the same, when so or- 
 dered, 177; reads titles of bills, 
 Avhen Ins Excellency gives royal 
 assent, 178; is ])resent with re- 
 turn book of members at o|x^ning 
 of new parliament, 224. 
 
 Clerk of the House of Commons ; 
 appointed by commission imder 
 the great seal, 109 ; his duties, 
 169-170; has control and direc- 
 tions of otHcers and clerks, 171; 
 has one or more assistants at 
 the ta])le, 169-172 ; employs extra 
 writers, 173; administers oath of 
 allegiance to members, 224-225; 
 to otticers, clerks, and messengers, 
 174-175; subscribes to certain 
 newspajiers, 183 ; presides at elec- 
 tion of speaker, 226-227; issues 
 warrant for issue of writs in ab- 
 sence of speaker, 120, n. ; signs 
 orders for attendance of i)ersons, 
 202 ; reads petitions at length 
 when called upon, 260; lays re- 
 turns to certain orders on table, 
 278 ; signs orders and addresses 
 for paiJers, 278 ; responsible for 
 safe keeping of papers and records 
 171 ; again reads messages when 
 necessary, 301 ; may amend no- 
 tices of motions or questions, 
 308, 71., 323; takes down mem. 
 Tier's words, by onler of speaker, 
 370 et scq. ; records divisions, 386- 
 387; takes messages to Senate, 
 397-398; may attend committee 
 of other house as witness, 399. 
 
 Clerk of the Senate ; appointed by 
 
 Clerk of the House of Commons — 
 continued. 
 
 commission under the great seal, 
 168; acts as accountant, Ih.; his 
 general duties, 159 ; styled clerk 
 of the parliaments, Ih.; gives 
 certified copies of acts, 159 ; cer- 
 tifies minutes transmitted to gov- 
 ernor-general, 161 ; can appoint a 
 deputy, 160, n. ; signs orders for 
 attendance of witnesses, 202 ; 
 proceedings in case of a new ap- 
 pointment, 223 ; communicates 
 messages to lower house, 397, 
 398 ; may, by order, attend Com- 
 mons' committees as witness, or 
 comnuinicate certain i)ai)ers, 399. 
 
 Clergy Re.serves; question settled, 
 
 O—, OO, 
 
 Closed doors ; matters of order dis- 
 cussed, in the Senate, 363 ; in 
 the Commons, 251 ; pravers, 250- 
 251. 
 
 Cockburn, Mr. Speaker, reappoint- 
 ed, 169, n. ; his decisions on 
 points of order, 267, 330, 349, u. ; 
 535. 
 
 Colborne, Sir .John ; lieutenant-gov- 
 ernor of UpiJer Canada, 32 ; esta- 
 blishes rectoi'ies, lb. 
 
 Colonies of Canada; responsible 
 government in, 28 et seq. 
 
 Commissioners of Internal Eco- 
 nomy ; appointed by governor- 
 general, 183 ; must be members 
 of Commons, lb. ; names commu- 
 nicated by message, lb- ; si:)eaker 
 acts as chairman, 183-184 ; its 
 functions, 184. 
 
 Commitment; the right of old legis- 
 latures, 198 ; of the Senate and 
 House of Commons, 199 ; for 
 breach of privilege, 200 ; ijetitions 
 for release, lb. ; for offences in a 
 former session, 199, n. ; concluded 
 by prorogation, 199. 
 
 Committees : 
 
 I. Committees of the Whole, 413; 
 owe their origin to " grand com- 
 mittees," 413-414; on the state 
 
INDEX. 
 
 765 
 
 CoMMMiTTBBS — contiiiuaJ. 
 
 of the province, no lonjrer custom- 
 ary, 414 advantajxes, 415 ; rules 
 in the Senate, 4ir)-41() ; in the 
 Commons, 41(5-417; questions of 
 order decided by chairman, 417 ; 
 disorder therein censured by 
 liouse only, 417-418; pro^'ress 
 reported, 418-420 ; (luestion of 
 order referred to speaker, lb. ; 
 no question put on resuming 
 committee on a ([uestion, except 
 in case of committees of supply 
 and ways and means, 418-419; 
 record of j)roceedin<jrs, 419-420; 
 division therein, 419 ; no names 
 recordf^l, Ih.; (juestion sui)er- 
 seded bv motion that chairman 
 do leave the chair, 420-421 ; but 
 may be revived, 421 ; no quorum, 
 422 ; proceedinLTS at six o'clock, 
 lb. ; report, 42;i; new rules of the 
 English Commons, 424-425. 
 
 II. Standing or tSc^i^ional : In 
 the Senate, 42(j ; banking and 
 commerce, etc., 427-428; in the 
 Commons, 428; procedure in ap- 
 pointing, 429 ; number of mem- 
 bers thereon, 430; reduction of 
 number in public; accounts, Ih. ; 
 organization and procedure there- 
 in, See infra, iii. 
 
 III. Select or Special Commit- 
 tees : In the Senate, 430-431 ; in 
 the Commons, 431 ; notice of ap- 
 pointment necessary, 432 ; certain 
 powers aeked for in motion for, 
 lb.; consist of 15 members, 431; 
 rule suspended in case of in- 
 crease, 432-434 ; named by the 
 house, 433 ; members must serve 
 unless excused, 435; quorum, 
 436; organization, 437-438; pro- 
 cedure therein, 438 et .ie(j. , ad- 
 journs from place to place, 442; 
 cannot sit after i)rorogation, 442 ; 
 divisions (in the Senate), 443 ; (in 
 the Commons), i/> ; strangers, 443- 
 444 ; secret, 444 ; order of refer- 
 ence ; reports, 446 et serj. ; sub- 
 committees, 447 ; presentation of 
 reports, 451 ; concurrence, 452- 
 453; witnesses, 454; senators' or 
 members' attendance requested, 
 455-456; refusal of witness to 
 appear, 456; payment of wit- 
 
 CoMMiTTEES — contimied. 
 
 nesses, 457-458 ; examination un- 
 der oath, 458-461. 
 
 IV. Joint Committees, appointed 
 on library and printing of Parlia- 
 ment, 403, 427, 430; work very 
 advantageously, lb.; for pioce- 
 dure therein see mj>ra, iii. 
 
 See Private Bilh. 
 
 Commons, Ilorsi: of: Its constitu- 
 tion, 56-59 ; representation there- 
 in, 110, 111, 116 ; election of mem- 
 bers, 112-117; controverted ekn-- 
 tions, 117-123; bound to take 
 notice of Ingal disaliilities of its 
 members, 12:', ; jiower f)f house to 
 order issue of writs, 123-124 ; dual 
 representation, 124-128 ; who may 
 sit therein under indejx^ndence 
 of Parliament Act, 128-137; min- 
 isters of th(^ Crown have seats, 
 53-135; contractors not eligible 
 as members, 131-134; members 
 elected for two constituencies. 
 139-140; double returns, 140-141 ; 
 introduction of memlieis, 141- 
 145 ; attendance therein, 145-146 ; 
 I)Ower to exi)el, 148. 153. 201, 202 ; 
 to suspend, 153, 154, 2Ul, 202; 
 places of memljers, 155-156 ; 
 speaker, 162-1()9 ; olhcers, ItiO- 
 176; admission of strangers; 176- 
 177 ; votes and journals, 178-180 , 
 official reports, 180-181; aiijioint- 
 ment and functions of connnis- 
 sioners of internal economy, 183- 
 184 ; accounts 184, 185, 509 ; pow- 
 ers and privileges under B. X. A. 
 Act, 187-188 ; jMDwer to summon 
 and examine witnesses, 202-205; 
 rules, orders, and usages, 212, 
 213, 215, 21(i, 217; use of the 
 French language, 218-219; pro- 
 ceedings at meeting of a new 
 parliament and election of speak- 
 er, 224-231 ; the mace, its history, 
 228, 7/. ; speech considered, 231- 
 234 ; proceedings at a i)rorogation. 
 236-237 ; effect of ])rorogation on 
 I)roceedings, 239; days and hours 
 of meeting, 241 ; adjournments 
 over holidays, lb.; long adjourn- 
 ments, 242 ; decease of members, 
 243; two sittings on one day, 
 244; protracted sittings, 245; 
 
7GG 
 
 INDEX. 
 
 Committees — continued. 
 
 (jiioruni, 247 ; prayers, 24S ; order 
 of daily Ixisiiu'SS, 250 (f saj. ; 
 pr(\soiitation of {K^titioiis, 2()0-2().') ; 
 ruloH as to irrej^ular ])otitions, 2(13- 
 2(i() ; astf) jK'titions f(jr jxH-uniary 
 aid, 2(1()-2()S; for taxes or duties, 
 2G8-26!); reliectinji; on house or 
 members, 270; orders and ad- 
 drosses for ])apers, 273, it .f* 7. ; ' 
 papers refused, 280 it «y/. ; ])rin- 
 tinj.' service, 287-201 ; addresses : 
 oriirinatinjx in the liouse, 203; 
 joint, 204-205 ; of eonirratulation 
 or conddlence, 20()-207; on retire- 
 ment of fXOYernor-<reneral, 207- 
 298; presentation, 300-301 ; mes- j 
 sa.L'es from Ids Excellency, 301- ■ 
 302 ; messajres to the Senate, bv 
 clerks, 307-308; conference, 300 
 ct !<('<i. ; interchantre <)f documents 
 with other house, 304 ; relations , 
 Avith Senate as to monev and tax ^ 
 bills, 407, 408, 500, 503,' 514, 516 ; I 
 select bills rejected liy Senate, j 
 409-410 ; should not a^ree to j 
 "tacks" to bills of sn])ply,410- \ 
 500; select standintj; committees, j 
 414-421) ct fftrj. ; on private bills, \ 
 020; committee of the whole, 41(), ' 
 ct wvy. ; on bills, 541 ct sc<j.; can ; 
 alone initiate monev and. tax 
 bills, 500-503. 
 
 See dcrk, parliament, speaker. 
 
 Confederation. See Parliamentarij 
 Institutions in Canada, VI. 
 
 Conferences ; mode of regulatintr, 
 399 ct seq. 
 
 Consent of the Crown. See Chapter 
 XVII. on Supjihj, sec. 3. 
 
 Consequcnticd amendments. See Chap- 
 ter on Bills, XVIII. , sec. 17. 
 
 Constitutioncd Act, 1791. See Parlia- 
 mentonj Institutions in Canada, 
 IV. 
 
 Contempt of Court , members com- 
 mitted by courts of justice, 303. 
 
 Contingent accounts, committee 
 of; appointed in the Senate, 160 
 et seq. ; no longer appointed in the 
 Commons, 183. 
 
 Contractors ; disqualified from 3orv • 
 ing as mendjers, 131 ct seq. 
 
 Contents and non-contents. See Divi- 
 sions. 
 
 Copyright bills ; need not originate 
 in committeo of the whole, 521. 
 
 Cori)orations, private bills from ; 
 must be under common seal, 623. 
 
 Corjnis Christi ; houses adjourn 
 over, 242. 
 
 Counsel ; when in attendance on 
 l)arlianient, i)rivileged, 196 ; 
 members not to act as, before 
 English ])rivate bill committees, 
 621; on behalf of persons, at the 
 bar, 200; in divou'o cases, G75- 
 676. 
 
 Countiiiff the House; no quorum, 
 247-248. 
 
 Christie, Rol)ert ; expelled from as- 
 sembly of Lower Canada, 150-152. 
 
 Christie, Mr. Speaker; Senate ad- 
 journ, and name members to 
 attend his funeral, 243 ; his opin- 
 ions on points of order, 268 ?/., 
 389 n. 
 
 Crossing the house ; deportment of 
 members, 343. 
 
 Crown, the : represented by the 
 governor-general, 49 ; demise of, 
 239 ; sunnnons parliament, 220 ; 
 causes of summons, declared, 
 226-231; prorogues, 221-236; dis- 
 solves, 220-240 ; duration of par- 
 liament, no longer dej^endent on, 
 220 ; message from, in case of 
 arrest of members, 303 ; recom- 
 mendation to votes of monev, 
 463, 470, 493; consent to bills 
 aflecting prerogatives or proper- 
 ty, 472; address for a grant of 
 money, 504. 
 
 Customs bills ; affect trade and ori- 
 ginate in committee of the whole, 
 522-527 ; not always considered 
 in committee of the whole in 
 Canadian Commons, 496. 
 
INDEX. 
 
 767 
 
 Debates: Official reports of, ISO- 
 181 ; fro(;df)m of 8i)t;ocli in Parlia- 
 ment, lt>l-iy2; no debate allowed 
 in Senate in giving notice of a 
 motion, 308; but a senator may 
 make explanations, Ih.; latitude 
 allowed in ni)i)er bouse in putting 
 questions, 321-322 ; no debate in 
 Commons on a (piostion, 323 ; 
 motions duly proj)osed may be 
 debated, 343 ; precedence in, 344- 
 345 ; written speeches not j)er- 
 missible, 345 ; extracts from 
 papers, 34G ; no articles in news- 
 papers, letters, or communica- 
 tions, commenting on debates, 
 allowable, lb.; pu1)lic documents, 
 when quoted, nnist be laid on 
 table, 347 ; references to (lueen 
 or her representative, 347-349; 
 relevancy of remarks, 34!) ; irre- 
 levancy not fxirmitted, 3r)0; no 
 limits to length of speeches, Ih. ; 
 the cloture not adopted in Canada, 
 351 ; debate on motions for ad- 
 journment, 351-352 ; limitations 
 to remarks on sucli motions, 352- 
 353 ; rules limiting speeches on a 
 question, in the Se.nato, 353 ; in 
 the Commons, 354; seconding 
 motions, Ih.; reply allowed to 
 mover of substantive motion, 
 Ih. ; member who moves amend- 
 ment or adjournment cannot 
 speak again, 355; adjournment 
 of debate to allow a member to 
 continue his speech, Ih. ; jiersonal 
 explanations, 350 ; limitations to 
 the privilege, 357 ; calling in 
 question a member's words, 358 ; 
 member in possession of floor not 
 to be interrupted, Ih.; except 
 on question of order or privilege, 
 Ih. ; remarks on calling of orders, 
 359-360 ; ministerial explanations, 
 360-3G1 ; referring to otlier mem- 
 bers, 361 ; to the other house, 
 362 ; to previous debates, 362- 
 363 ; rules for the preservation of 
 order, in the Senate, 363-364 ; 
 unparliamentary remarks, never 
 permitted, 364-366; calling a 
 member to order, 367-368; duty 
 of si)eaker, Ih.; naming a mem- 
 ber, 3()8-370 ; words taken down, 
 370-373; words to be retracted, 
 374; duty of house to prevent 
 hostile meeting on account _ of 
 words uttered in debate, 374-375 ; 
 
 Dehatks — continued. 
 
 withdrawal of member whilst his 
 conduct is dt^bated, 376-377 ; re- 
 ferences to judges and other rK^'- 
 sons, 377-37S ; new rules of Eng- 
 lish Commons to dose debate on 
 a question adeciuately discussed, 
 3S0 ; on motions of adjournment, 
 380-381 ; no debate allowed on 
 putting question for susix^nsiou 
 of a menilier, named for disre- 
 garding authority of chair, or 
 abusing rules of the house, 382. 
 
 Debts, duo to the Crown ; {letitions 
 com[Kiunding, not received, 269. 
 
 Demise of the Crown. See Chapter 
 VI., sec. 8. 
 
 Dqmty-Gorernor. See Governor' 
 General. 
 
 Deputy-Speaker ; in the English 
 House of Commons, 165 n. 
 
 Dilatory motions ; postpone or 
 supersede question for time being, 
 333; their forms — that the house 
 do now adjourn, 334; that the 
 house do now proceed to the 
 orders of the day, 335 ; that the 
 question be now put, 33'i ; amend- 
 ments to such motions, 338. 
 
 Disalloimncr. See Parliamentary 
 Institutions in Canada, VIII. 
 
 Disqualification ; of Senators, 107- 
 108 ; of members of the Commons, 
 124, 134, 149. 
 
 Dissolution of Parliament ; by the 
 Crown, 239-240 ; not determined 
 by demise of the Crown, Ih. ; 
 duration of i^rivilege after, 190. 
 
 Division ; putting the question, 384 ; 
 contents and non-contents in the 
 Senate, Ih. ; yeas and nays in 
 Commons, /'/. ; Senate rule as to 
 entering division, 385 ; Com- 
 mons' rule, Ih. ; members called 
 in, 386; taking a division, 387; 
 inconveniences of Canadian sys- 
 tem, I b. ?/. ; result declared, 388 ; 
 challenging a vote, Ih. ; members 
 must be in house and hear ques- 
 
 
7G8 
 
 INDEX. 
 
 Division — co)tti)iuriI. 
 
 tion put, [It.; moiiihors must 
 vote in Coininons, MS!» ; Senate, 
 rule on subject, 1 1>. ; pairs, //>. ; 
 luonibor votin;,' iutulverttintly 
 cannot correct mistake in Com- 
 mons, Ih.; may do so in the, 
 Senate ])y unanimous consent, 
 :>.Si»-390; errors in tlio minutes 
 corrected, :>i>0 ; question carried 
 on division, etc., Ih.; speal<er's 
 casting' vote, nS9-390; protest of 
 senators, ;>!»2 ; members not 
 having a direct pe(mniary interest 
 in a question may vote thereon, 
 o92-396 ; recording of names, 39G, 
 
 DvoTcc IIUU. See Chapter XXI. on 
 Private Bilh, uc 4. 
 
 Dominion ; name applied to Canada 
 on confederation, 48 n. 
 
 Double returns ; meanin<r, 141 n. ; 
 proceedings thereon, 140. 
 
 Dropped orders ; rules concerning 
 (in the Senate), 250 ; (in the 
 Commons), 252, 257. 
 
 Dufierin, Lord ; governor-general, 
 50 n. ; address on his retirement, 
 298. 
 
 Durham, Lord ; governor-general, 
 24 ; his report on Canada, 24-25 ; 
 recommends legislative union, 
 41 ; establishment of supreme 
 court, 84 n. 
 
 Duties ; petitions remitting, 269 ; 
 bills imposing, originate in com- 
 mittee, 525 ; but not when they 
 reduce, 527 ; except in cases 
 aflecting trade, lb. 
 
 Easter Monday ; houses generally 
 adjourn over, 242. 
 
 Elections ; -when writs are return- 
 able, after general election, GO-01 ; 
 acts relative to, 112-113 ; who may 
 vote, 113-115 ; writs when return- 
 able, and to whom addressed, 
 IIG ; information by telegraph in 
 certain cases, 116-117 ; trial of 
 controverted elections, under 
 Gronville Act, 117 ; after union of 
 Upper and Lower Canada, lb.; 
 by judges, 118-120 ; result certi- 
 
 Elections — cont'miied. 
 
 lied and reiwirted by judge by 
 speaker, 120; by supreme court 
 of Canada, in case (jf apj)eal from 
 lower courts, 121 ; acts providing 
 for more elfectual incjuiry into 
 corrupt imu'tices, 121-122; jx^ti- 
 tions respecting elections before 
 the house, 122-123 ; isstie of writs, 
 123-124; in case of resignation, 
 death, or acceptance of ottice, 
 137-139 ; double returns, 126-140; 
 a memlx'T must elect between 
 two constituencies when chosen 
 for both, 139; he cannot resign 
 if seat be contested, 138-140 ; 
 election returns amended by 
 order of speaker under law, 121 7/. 
 
 Engrossment of addresses ; in the 
 Senate, 234 n. ; in the Commons, 
 294. 
 
 Entering the house; rules to be 
 observed by members, 343. 
 
 Escheats ; decision of privy council 
 respecting, 685. 
 
 Estimates for public services ; 
 brought down by message, 474 ; 
 referred to committee of supply, 
 477 ; of salaries, and exi)endiiures 
 of houses, 184. 
 
 Evidence; before select committees, 
 440, 454, 457 ; in divorce cases, 
 674-675 ; printed journals in 
 courts, 179 n. 
 
 Expenses of vitnesses. See Chapter 
 XVI., sec. 10. 
 
 Expiring laws, committee of; ap- 
 pointed, 428. 
 
 Expulsion of members ; an extreme 
 exercise of power, 148 ; instances 
 in English parliament, 149-150 ; 
 in Canadian legislatures, 150-151 ; 
 in Canadian Commons, 151-152 ; 
 proceedings before resorting to, 
 153 ; such a power necessary to 
 conservation of dignity and use- 
 fulness of everv legi!>lative bodv, 
 201. 
 
 Expunging ; of motions from jour- 
 nals, 178; of protests of senators, 
 892. 
 
INDf'JX. 
 
 769 
 
 FACTfjRiKiS, bills coiifornin^'; nood | 
 not orijriiiato in cominittt'O of tlio 
 Avholo, 5l'l». 
 
 Fidfrnl Union of thr rrorhirca. See 
 Parlinmtntarij Institutions in Ca«- 
 nda, VI. 
 
 Fus for private hilU. Soo Chapter 
 XX. frc. 7. 
 
 First roa(lin<r of pnl)li<' hills, 51S; of 
 private bills, (ii'xS ; of resf)lntions 
 from committooof tho. whole, 42o; 
 from committoxjs of sui)[)ly and 
 ways and moans, 4i)0. 
 
 Fishery licenses and leases ; de- 
 cision of supreme court respect- 
 ing, 1)1-92. 
 
 Forgery or fraud in petitions; 
 severely punished, 200. 
 
 Franchise, Elective. See Chapter II., 
 sec. 4. 
 
 Freedom of Speech ; one of the un- 
 doubted privileges of parliamen- 
 tary assemblies, 191 ; violations 
 of, 374 ; publication of parliamen- 
 tary papers, protected by statute, 
 197 ; how far it extends to pub- 
 lication of debates, 192. 
 
 French language, in parliament; 
 its use restricted in the legislature 
 of Canada by Union act, 30 ; 
 repeal of clause in that act, 37 ; 
 now used in records, debates and 
 journals of both houses of dom- 
 inion parliament, 218-219;^ in 
 Quebec, jNIanitoba, and N. W. T., 
 219. 
 
 Funerals ; Senate reprasented at, 
 (death of an old speaker), 243; 
 houses attend in cases of death 
 of prominent persons, 243 ; of Sir 
 George E. Car tier, 504. 
 
 Galleries; admission to (in the 
 Senate), 170; in the Commons, 
 170-177 ; cleared in certain cases, 
 lb. 
 
 Gazette, Canada; notices respect- 
 ing private bills published in, 028; 
 proclamations, disallowing pro- 
 vincial acts, 578 n. 
 
 Govornor-Goncral of Canada ; how 
 appointed, 4it ; royal instructions, 
 etc., 49-51 ; change in iiistrm- 
 tions with rosi)ect to bills, 508- 
 573. See Croien. 
 
 Good Friday; houses do not sit, 
 242. 
 
 Gosford, Lord; governor-general, 23. 
 
 Goremor-Grnrral. See Parlianuiit- 
 anj Institutions in Canada, sec. 7. 
 
 Grants of Public Money. See Chap- 
 ter on Supply, sec 1- 
 
 Great Seal ; governor-general, ap- 
 
 gointed under, 49 ; sjHjakcr of 
 enate, 157 ; clerk, 100 n ; gentle- 
 man-usher, lb. ; dork of Com- 
 mons, 109; serjeant-at-arms, 175. 
 
 Grenville, Act ; respecting commit- 
 tees in election cases, ll7. 
 
 Hansard ; record of official reports 
 of debates, of the Commons, ISO ; 
 of tho Senate, 181. 
 
 House of Commons. See Commons ; 
 Parliament. 
 
 Hybrid Bills ; their nature. Oil ; 
 proceedings in relation to, lb. 
 
 Immigration and Colonization; com- 
 mittee of ; appointed in the Com- 
 mons, 428, 430. 
 
 Indernnitii of members. See Cliapter 
 II. scc.'l2. 
 
 Indenture, certificate of return of; 
 no longer necessary, 142 n. 
 
 Independence of Parliament ; acts 
 
 resixjcting, 128 et seq. 
 
 Indorsement of bills ; by the clerk 
 of the Senate and Commons, 158, 
 171. 
 
 Informalities in the passage of bills ; 
 cases in the English Parliament, 
 570; in tho Quebec Legislature, 
 577. 
 
770 
 
 IXDEX. 
 
 JnnlructloiiH to CommittrcH of thr 
 irhdlr lIovHi'. iSoo Chapter XVI [I., 
 on Public li'dh, sec. 8. 
 
 Instructions, lloyal ; witli n\sjtoct 
 to bills, hiSS it .ie(j. 
 
 Insurance; decisions of courts on 
 (luestions of jurisdiction, 87-88. 
 
 Tntcroat, personal ; votes of mem- 
 bers (in the (^'ommons), ',V.)2 ct 
 i*eq. ; (in the Senate), 31)5; in i)ri- 
 vato bills, 31)4-39'). 
 
 Litrrnid Economij, Commimonrrs of. 
 See CoinmissioncrK, lOc. 
 
 Tntorruption in debate ; not i)er- 
 initteil, except in castas of order 
 or privilege, 358. 
 
 Tntrodui tion ; of Senators, 100; of 
 members of the Commons, 143 et 
 
 Italics iu bills ; when necossarv, 
 51(5, 524, 545, (139. 
 
 Joint Addkbsses. See Chapter X., 
 sec. 3. 
 
 Joint Committees See Committeei^. 
 
 Journals; of the Senate, 101-U)2; 
 proceedings of i-ommittee of the 
 whole house, entered; of the 
 Commons, 178-171); entries ex- 
 punged, 178; proceedings of com- 
 mittees of tlie whole, sometimes 
 entered, 416-411). 
 
 Judiciary ; establishment of Su- 
 preme Court of Canatla, 84 ; its 
 appellate jurisdiction, 84 ; deci- 
 sions on questions of legislative 
 jurisdiction ; Controverted Elec- 
 tions Act of 1874, 85-86; Ontario 
 Licensing Act, DO ; Fisheries Act 
 of 1868, 1)1-1»3; Canada Temper- 
 ance Act, D3-l.'4 ; rule laid down 
 for construction of B. N. A. Act. 
 97-98 ; value of a supreme court 
 under a federal system, 100 n. ; 
 private bills referred to that 
 court by Senate, 84, 605-607 ; in- 
 dependence of the judiciary, 101 ; 
 salaries permanently charged 
 on civil list, lb.; hold offices 
 
 Judiciary — continvnl. 
 
 duringgood behaviour, Ih. ; only 
 removed on ad<lresM of two 
 liouses, III.; county court judges* 
 removed for sutrKMent cause by 
 governor-general, lb. ?*./ delicate 
 functifHis of Commons in im- 
 inmching a judg(» for misconduct, 
 Ih.; prfM'edure in the house in 
 case of serious charges against a 
 judge, 101-103; six'.akor of Com- 
 mons interferes to prevent im- 
 I)roper refiirences to judges and 
 courts, 377-378. 
 
 Jurors; members need not serve 
 as, 191. 
 
 KntKPATnicK, Mr. S])oaker; his de- 
 cisions on points of order, 215 n.,. 
 341 IK, 54(), 556. 
 
 Law Cj.erk ; ai)pointed in each 
 house, 172 ; master in chancery 
 in Senate, 397 n. 
 
 Legislative Council; of Canada, 11 ; 
 UpiK'.r Canada, 16 ; Lowc^r Can- 
 ada, lb.; Province of Canada 
 (after 1840), 27; (Quebec, 65; 
 Nova Scotia, i'i'f> ; New Brunswick,. 
 69 ; I'lince Edward Island, 70 ; 
 abolislied in Ontario, 64; Mani- 
 toba, 71 ; British Columbia, 71 ; 
 its relations with the old assem- 
 blies, 20, 404 ; i)roceedings in. 
 respecting matters of exixmditure 
 and taxation, 404 et serj. 
 
 Letjifilatire povwr/f, di.ifribution of. 
 See Chapter I., ncc. 10. 
 
 Letellier de St. Just ; dismissed 
 from lieutenant-governorship of 
 Quebec, 62 n. 
 
 Letters- Patent Bills ; rules resjiect- 
 ing, 639. 
 
 Libels upon the house or its mem- 
 bers ; jmnished as breach ...■■ 
 privilege, 192. 
 
 Library of Parliament; its direc- 
 tion and control, 181 ; joint com- 
 mittee to make regulations, lb.; 
 officers, clerks, and' servants, J/>.; 
 rules for loan of books, 181-182 
 
INDEX. 
 
 t t 
 
 Library of Parliament — ront'inwd. 
 
 for a<lmissioti of jK^rsons, //>. ; 
 rocoiimuMKls assistaiwii to works 
 on cunstitutioiuil aii<l parliumun- 
 tary practice, 182. 
 
 Liconso Acts rospoctin^^ salo of in- 
 toxicating liiinors; decisions of 
 snprtMuo court ro.siK«'tin^; an 
 Ontario act, 1)0; ])oniinion act 
 for issno of licenses, 0(5; Litjiior 
 License Act of Ontario, (»S1. 
 
 Lioutenant-<^overnor; before union 
 of 1>S4() in Canada, ali ; of eacli 
 province since confederation, ()'2 
 I't «'/. ; dismissal by <;overnor- 
 gencral, (ili n. ; assents to, resiU'ves 
 or vetoes bills, To-Tti ; 57.S-5S2, 
 Seo Pdiilainiixtarij LiMitutionR in 
 Canada, VIIl. 
 
 Local Bills. Seo Private Billn. 
 
 Local lcgii>latuir. Seo PdvUamcntari/ 
 Institalions in Canada, VIIL 
 
 Locus standi ; of ])etitions in cases 
 of i)rivate bills, G4i». 
 
 Lorne,^lar<|uis of; governor-general 
 of Canada, 50 >;.; address to him 
 on his retirement, 2!>8 ; hisroi^lv, 
 
 104 n. ' I 
 
 M.vcDOXAi.r), Siu.Toiix; in charge of ; 
 clergy reserves 1 )ill, ,jl> v. ; member ; 
 of Quebec conference, 42 ?/. ; pre- 
 sents confederation resolutions in i 
 legislative assembly, Ih. ; his i 
 opinions on constitutional and \ 
 parliamentarv (juestions,41, 41)n., ^ 
 ()0, 77, 81, 102, 228 »., 253 n., 284, : 
 389 n., 427 n., 430 »., 59G, 602 v., 
 604 ; introduces bill respecting 
 trial of controverted elections, 
 118 ; resjxicting internal economy 
 of Commons, 183; moves address 
 respecting public funeral to Sir 
 George Cartier, 504. | 
 
 Mace; used in the Senate, 160; , 
 in the Commons ; carried by i 
 the Serjeant-atrarms before the 
 speaker on certain occasions, 228 ; ! 
 laid on the table after speaker's 
 election, Ih.', remains on table 
 whilst house is sitting; under 
 
 Mace — con tin iifd. 
 
 table whilst there is a committee, 
 111.; afC(im|tani('s s]Miak('r on 
 stat(» occasions, Ih,; history of 
 present nmce, //*. 
 
 Macpherson, Mr. SiK^aker ; appoin- 
 te»l, 157; heldscat incal>in('t,55 «; 
 takes part in d(0)ate, 158 //. ; his 
 opinions on points of procedure, 
 322?/., 550 n. 
 
 JNIackenzie, W. Lyon ; expelled 
 from assembly of UpiK-r Canada, 
 151, 152. 
 
 Manitohn. St^e Parliamn)t(ir>i In- 
 stttuttoiis in Canada, VI., VJII. 
 
 ]\Iasters in chancerr ; appointed in 
 the Senate, 158, 3i*7 ; carry mes- 
 sages to other house, ',]9S; their 
 ollice abolished in the Lords, 
 397 n. 
 
 Meeting of Parliament. See Chap- 
 ter VI. 
 
 MKiiRHKs OF TUB CoMMOxs : num- 
 ber, 110-111 ; insane [persons not 
 eligible as, 112 n. ; their election, 
 113 ; their ele(;tions (iontnnerted, 
 118-122; (cannot sit in provincial 
 legislatures, 124 it seij. ; vacate 
 seats by acceptance of otlice of 
 profit, 130-139 ; cannot lK)ld con- 
 trac^ts, i;U-13(); resignation, 137- 
 139 ; forms of rasignation, 758 ; 
 returned for two constitu- 
 encies, 139-140; iirocedure in 
 case of a "double return," 140; 
 introduction, 141 et fe'j. ; attend- 
 ance, 145-146; indemnity, 146- 
 148 ; expulsion and disqualifica- 
 tion, 148 t/ my., 201-202; suspen- 
 sion, 154-201 ; questions atlecting 
 them referred to select commit- 
 tees, 154-155 ; placres in the house, 
 155-156 ; speaker must be a 
 member, 162, 227; privileges, 
 powers, and immunities, 187 et 
 seq. ; personal privileges, 189-191 ; 
 freedom of speech, 191-192 ; lil>el- 
 lous reflections on, 192-193; 
 assaulting, threatening, or chal- 
 lenging, 194; privileged persons 
 not members, 196 ; sworn at 
 commencement of a parliament, 
 49 
 
772 
 
 r\i>i:x. 
 
 Mkmiikuh or Tin; Commonh- 
 tinned. 
 
 ■ con- 
 
 *J"_M-2-.') ; profffil (u Sciijilo ;it 
 o|KMiin>.', L'L'.'), -'J1»; ut |iror<i^'uli(Hi, 
 L';'>(>; ri'iioils (if •Milj.'t's n-liitivci to 
 t'U'ctioiis liiitl lictui'd Imiisci, 1';'>1, 
 L':'.(l; (l('('('aSf,'Ji:i; iiiiiiiIkt neces- 
 sary for 11 iiuoruiii, li47 ; prestMit 
 jK'titioiis, 'Jfid; iiiny iml discuss 
 their coiiteiitH, 'J()l ; move, n'ct^p- 
 tioii of opiHised petitions, lidL'; 
 iiH-nilKM" may not present ii iH'ti- 
 tion sii^nod by liiins(^It', L'(»2 ; ean- 
 not road it at Icini^tli, L'(11»; may 
 refuse to itresent it wlu-n it re- 
 Hceta ou houso, 270; ]»roe(Hlurt^ 
 in niovin>r for orders and ad- 
 drosses, L'T-VJTS ; may Ik^ refused 
 l>aiH)rs under <'ortain circum- 
 staiu'('s,'JM), 'JH(»; move for print- 
 in>i doellnu^ntH, L'tiO-L'Ol ; stand 
 uncovered on roa<linjr of messajio 
 from j^ovomor-^oneral, oOl ; ju-o- 
 1*080 motions, ;>(»8 et f<('(j. ; niovo 
 aniendnionts, ;>2r> ft .""'7.; their 
 deiM)rtmont, whilst siRnikinjj;, or 
 in their phices, 341.', 344 ; pro- 
 eodouco on risinj:; to six>.ak, 344- 
 345 ; may not road written 
 six>.0('lio6, 34") ; nor pajK^rs or 
 letters roHocting on house, 340; 
 may not refer dieresiHictfully to 
 her Majesty or tho jxovornor- 
 j;onoral, 347-34S; should eonlino 
 themsolvcs to ([uestion under 
 consideration, 34!>-35<i ; not limi- 
 ted to time in si)oakin^-, 350; 
 may not discuss certain subjects 
 on moving tho adjournment of 
 the houso or debate, 352-353; 
 may not speak twice except in ex- 
 l)lanation, or on a substantive 
 motion, or on i)roj)osal of new 
 (luestions by other members, 
 353, 357 ; cannot call in (juestion 
 a member's words, 358 ; nor in- 
 terrn])t others except to order, 
 358-359 ; may make remarks on 
 calling of orders, 359-3()0 ; must 
 not use unparliamentary lan- 
 guage, 363 ct fftq. ; named for 
 breach of parliamentary de- 
 corum, 308 et. scq. ; Avords taken 
 tlown, 370 (i acj. ; misbehaviour 
 in committees or lobbies, 373 ; 
 should retract unparliamentary 
 language, 374 ; may be punished 
 for contempt or obstruction of 
 
 Mi'.miujKs of 
 tinvAil. 
 
 rUK CoMMONh — cun- 
 
 imblic busin(>sH, 375; withdraw 
 when their conduct is under con- 
 siih^ration, 370; should n^fer 
 cautiously to judges and courts, 
 378; liow susiHMideil under ncnv 
 Englisli (ddors, 382; how thoy 
 Vote, :!N4 it nil/. ; having a dinicl 
 pecuniary interest in a <|nestion, 
 may not vote thereon, IJ'.tJ-IlOO ; 
 must sit on select comndtteos 
 uidt^ss excused, 430. 
 
 >h'niorials; not couKidered jteti- 
 tions in certain cjises, 303. 
 
 Messages; from the governor- 
 general or dei)Uty-govonu)r at 
 ojtening of parlianu<nt, 225-221); 
 at close, 23(); <luring session, to 
 assent to l)ills, 508 ; written or 
 verbal, with resinn't to jmldic 
 matters, 302-:)04 ; mode of an- 
 swering, :)04; goveinor-generars 
 message interrupts all i)roceod- 
 ings, 358; clerks may bo bearers 
 of, from one houso to tho other, 
 397-398 ; roijuiring attendance of 
 members of either houso as wit- 
 nesses, 398-399. 
 
 Messengers; apiiointod for houses, 
 174. 
 
 Military councils ; established in 
 Canada, 0. 
 
 ]\Iiller, Senator; his opinion on 
 points of order, 440 »., 455, 071. 
 
 Ministers ; members of the privy 
 council, 54-50 ; vacate seats in 
 Commons on acceptance of olHce, 
 but may bo re-elected, 135. 
 
 Minutes of Ei^'uhnce. See Witnesses. 
 
 Minutes of proceedings; in the 
 Senate, 101. 
 
 Money Bills ; recommended by tho 
 Crown, and founded on resolu- 
 tions in committee of the whole, 
 470, 513, 523; not to be amended 
 by upi)er house, 501, 514 ; pre- 
 sented by Commons' s^xjakor for 
 royal assent, 503. 
 
ixnicx. 
 
 11Z 
 
 MdTiONs; iiotic(M)f. n'<|iiiri'<l in tliti 
 S«'imt(^, IKi?; |»riM'c(i(liii;.'s in that 
 lioiiMi on niviii!.' iKitiio, //». ; 
 ninnot l)^^ rc|M^iil<«l,oiir(( an.'swi^r- 
 e<l, HOM; (ixp.anatory nwiiarks 
 alIo\val)I(i on jrivin'^ notice, ///. ; 
 no s(Mdnii('r rciinirtMl, / f>. ; no 
 notifc, of pnlilii- hills, //<. ; notice 
 in tlio Commons, ;)(iO; rules n^lu- 
 tivt* to motions; must Im in 
 writing; or print, I'.Kt; how j)r()- 
 |»os(',(|, J I,.', proctMM line's in t-asu 
 of irrc;.'ulariti(\s, Jh.] how with- 
 drawn, :!ll; (•(tmplicatcvl (|iu>,s- 
 tioiis, how <liviilf"l, :>il-:;ii.'; 
 must lM^ in accordance witli 
 notico, '.U'2; notices of resolutions 
 in (!onimitte(i of tho whole neces- 
 sary, IUl'-IUU ; members should 
 propose their own motions, lUS; 
 cannot he withdrawn in al)S(Mico 
 of memher who i»rc)|)osed, 1514 ; 
 relatives to business, made with- 
 out notic(i by j,'cnoral assent, :>14- 
 315 ; un(ipiM»s(vl,;>]") ; of j)rivilef.'e, 
 'Mii; their character, ;UO-:517; 
 ])recedence jriven to them, 31S- 
 310 ; of want of confidence, not 
 privilof^'ed, 310-321 ; (piestions 
 j)Ut by incumbers, ex('oi)tions to 
 <:( moral rule resi»ectin<j; motions, 
 321 ; in amendment, I)2r)-32!» ; 
 amendment to amendment allow- 
 able, 32U-330; amendments must 
 be relevant to motion, 3:)l-:')o3; 
 dilatory nK)tions,333; of adjourn- 
 ment, 333-335 ; for reading orders 
 of the day, 335-33(5; previous 
 (juestion, 33(5-337 ; amendments 
 to previous ([uestionor to mf)tion 
 for iiroceedinj; to orders of the 
 day, 338; revival of a question 
 in tiio same session, 339 ; orders 
 di6cbar^'e<l, and motions rescind- 
 ed, Ih. ; means of revoking a 
 negative vote, 340 ; motion, once 
 negatived, cannot be renewed as 
 an amendment, Ih.; forms of, 
 ai)p. G. 
 
 McCarthy, Mr.; bis opinion on 
 (jnestions of jurisdiction, 004. 
 
 Municipal system ; its value, 31-32. 
 
 NAjrixG A Member; for breach of 
 parliamentary decorum, by Mr. 
 Speaker, 3(38 ct seq. 
 
 Newspapers ; kept in reading rooms 
 
 New^paiM<rs — rntilinuiil. 
 
 of both houses, 1S3; ntt.icks in, 
 on meinbers. 2<il ; proce(^ding> in 
 such (iiMS, 2I»1. 317, 350 //. ; oro- 
 duccd l>y mend)ers, 20; reao at 
 thetal)lts317; motions rcisiK-cting, 
 ">17-3ls ; extracts from, in d((bate, 
 34(5. 
 
 Nf'w found land ; n^fuses to enter con- 
 federation, 47— 4S ; representation 
 in Senate in case of its admission, 
 5'.t (*. See. /;. X. A. Act., ». 147, 
 ojip. A. to lliix ii-itrk. 
 
 Xortli- Wmt TirrUnni, See Parltn- 
 iniriliirii InMitiitionfi hi Cnvnifa, 
 17., 17//. 
 
 Notice; niM-essary in case of si)e'"ial 
 nif)tions in theSenate, 3(lS; also in 
 tho Commons, 300-310 ; motions 
 nuist be in accordance therewith, 
 312; none reqcin^l of ptdjlic bills 
 in u|)|)er hous.'.;5iiS;but necessary 
 in Commons, 309 ; none in case 
 of motions of i>rivilego, 310 ; 
 ])lace on order i)ai>er, 251-252, 
 300; rules resjiecting notice for 
 a private bill, (J27 et siq. 
 
 Oath; taken bv mend)ers (in tho 
 Senate), 100,' 22:;; in the Com- 
 mons, 141 <7 ."/'/., 225; Ity clerk 
 and otlicers, 175; allirmation in 
 lieu of oath, 4(50; administered 
 to witnesses, at bar of the Senate 
 458, 4(50; or by chairman or mem- 
 ber of select committees of either 
 house, 4(50 ; liy private bill com- 
 mittees, Ih. ; in case of divorce 
 bills, 070, 073, 074. 
 
 Obstruction to jmblic business; 
 rules of the P^nglish house res- 
 j)ecting. Chapter XII. sec. 25. 
 
 O'Farrell, John; expelled from legis- 
 lative assembly of Canada, 151. 
 
 Otticers of the two honses; jtrivi- 
 leged, 187 n. ; messages for their 
 attendance as witnesses in the 
 other house, 399; ix?titions for 
 their attendance with documents, 
 in courts of law, ISO ; not to act 
 as parliamentary agents. See 
 Clerk ; Clerk- As nstant. 
 
114: 
 
 INDEX. 
 
 Oflicos iiiulcr tho CroAvn; holding 
 of, a distjualifiratioii for the house 
 of Coninioiis, loO, 134 ; acceptaiu-o 
 of, vacates seat, 130, 13«, 1311; 
 members hohhiig certain ofhces 
 in tho ministry, nuiv be re-elected, 
 130, 135. 
 
 Official Rrvorts of Debates- See 
 Hansard. 
 
 Ontario Liquor License Act; 681 
 et seq. 
 
 Orders of tho day ; rules arranging 
 business — in tlie Senate, 250 ; in 
 the Commons, 251-252 ; calling 
 of questions, and orders, 252; 
 arrangement of bills, tScc, in Com- 
 mons, 25:5 ; 1 irecedence to sjx^cial 
 orders, 255; strict adherence to 
 order paper necessarj', 250 ; un- 
 disposed of, 257 ; i)lace of motions 
 on order pajA'T, 257-258 ; motion 
 to read, to sujxirsede a question, 
 335-330; amendment thoreto,33S; 
 speaking on calling of orders, 359. 
 
 Order, questions of; interrupt de- 
 bate, 358. 
 
 Ouimet, Mr.; his opinion on a I 
 question of legislative jurisdic- ' 
 tion, 603. : 
 
 Pairs ; system of (in the Senate), ' 
 389 ; (in the Commons), lb. '\ 
 
 Palgrave, Mr. ; clerk assistant of ■ 
 the English Commons ; his ex- | 
 planations of English mode of : 
 putting amendments to motions, \ 
 327 n. j 
 
 Papineau, IMr. Speaker; his resig- ' 
 nation, 163 n. : governor-general ^ 
 refuses to approve of liis appoint- 
 ment, 229. 
 
 Parliament; constitution of Parlia- 
 ment of Canada, consisting of the 
 Queen, Senate, and House of ! 
 Commons, 56, 59 ; duration of ; 
 each (since 1867), 60, 61 ; its 
 legislative powers, 81, 100; num- , 
 ber of members in the two I 
 houses, 105, 111 ; parliamentary 
 franchise, 113 ; dual representa- 
 tion, 124-125; independence of, 
 128, 137; powers of expulsion 
 
 Parliament — contimwd. 
 
 and susjx^nsion, 148, 154, 201, 
 202 ; privileges and i)OWors. 186, 
 19i» ; mode of summoning, 22()- 
 221 ; meeting, 221 ; election f)f 
 sjxiaker, 224; prorogation, 2o<)- 
 237; adjournment, 238 ; effect of 
 proroguing, lb. ; dissolution, 239- 
 240; not determined by demise 
 of the Crown, ///. ; has jurisdic- 
 tion ovor marriage and divorce, 
 668. 
 
 See also Brithh North America Act, 
 House of Commons, Members, I^rir- 
 ileges and Poicers of Purliaiuent,. 
 Senate. 
 
 Parliamentary Agents ; 622. 
 
 Parliamentary Institutions in 
 Canada ; Origin and Growth of. 
 
 L Canada under tlie French 
 Regime : Xo legislative assem- 
 blies in Fi-ench Canada previous 
 to conquest, 1-2 ; nature of first 
 government, 2; functions of 
 governor, lb,; of intendant, 2-3 ; 
 constitution of sui)reme, aftei'- 
 wards superior, council, 3-4; no 
 semblance of municipal govern- 
 ment, 4 ; feudal tenure, lb. ; 
 M'hole system of administration, 
 centred in the king, 5 n. 
 
 II. Government from 1760 to 
 1774: Terms of capitulation in 
 1760, 5-6 ; treaty of Paris, 6 ; 
 military government for three 
 years, lb. ; proclamation of 1763, 
 establishing system of govern- 
 naent in Quebec, 6, 7 ; no assem- 
 blies called, 8 ; unsettled state of 
 the country, 8-9 ; uncertainty as 
 to laws in force, lb. 
 
 IIL Quebec Act, 1774: Inter- 
 vention of Parliament; charter 
 of government, 9 ; opposition to 
 the act in province, 10 ; de- 
 tails of new constitution, 11 ; 
 legislative council established, 
 11, 12 ; inauguration of new con- 
 stitution, 12-13; privy council 
 formed, 13. 
 
 IV. Constitutional Act, 1791 : 
 Two provinces established, 18 ; 
 
INDEX. 
 
 7t5 
 
 Parliamextaky Institutions in 
 Ca nada — conti mud. 
 
 imnii^ratinn of U. E. loyalists, 
 IS-lV); l(;<:islative institutions in 
 Tapper and Lower ( 'anada, Iti, IS ; 
 meeting' of legislature of Lower 
 Canada at < Quebec, 17th Decem- 
 ber, 1702, IS; of legislature of 
 Upper Canada at Newark, 17tli 
 September, 1702, 10 ; a new eon- 
 stitutional system intended as a 
 transcript of British constitution, 
 10; description of ceremonial at 
 first oix^ning of l(3gislature in 
 L^j)per Canada, 10 ». ; })olitical 
 ditticulties, 20; dispute between 
 ■executive and assemblies with 
 respect to control of supplies and 
 civil list, 20; frequent dissolu- 
 tions of Quetec legislature, Ih.; 
 l)olitical state of ])rovinces de- 
 scribed, 20, 22; rebellion of 1837- 
 8 ; suspension of (Quebec constitu- 
 tion, 23 ; arrival of Lord Durham 
 Rf governor-general and high 
 commissioner, 24 ; result of his 
 mission, Ih. ; his elaborate report 
 on political ditticulties, 24 ; value 
 of his suggestions, 24-25. 
 
 V. Union Act of 1840 : Tpix'.r 
 and Lower Canada reunited, 
 25-2() ; arrival of Ponlett Thom- 
 son (Lord Sydenham), as gover- 
 nor-general, 26; outline of new 
 constitution, 27-28 ; assembling 
 of first legislature, 27 ». ,• com- 
 mencement of new era, 28 ; re- 
 sponsible government, 28, 30; 
 arrival of Lord Elgin, 30; impor- 
 tance of legislation from 1841- 
 1867, 31 ; municipal system, lb. ; 
 settlement of clergy reserves, 32- 
 33 ; abolition of seigniorial tenure, 
 33 ; civil service, 33, 35 ; complete 
 control over civil list and pro- 
 vincial revenues, 35 ; freedom of 
 trade, 36 ; repeal of navigation 
 laws, lb. ; use of French lan- 
 guage, 36-37; elective legislative 
 council, 37. 
 
 VI. Federal Union of the Pro- 
 vinces : Political difficulties, 38 ; 
 representation by population, lb. ; 
 double majority theory, 30-40; 
 political dead-lock, lb. ; under- 
 standing between political lead- 
 
 P A RLI AM ENTA 11 V I NSTITUTIOXS 
 
 Canada — continued. 
 
 IX 
 
 ers, 41 ; ferleral union, lb. ; con- 
 ference at Charldtti'town, 42; at 
 Quebec in 18(54 ami adoption of 
 72 resolutions as basis of federal 
 union, lb. ; Canadian represent- 
 atives at Quebec conference, 42 n; 
 legislature of Canada pass address 
 to(|ueen, 42-43; delay in mari- 
 time provinces, 43 ; new constitu- 
 tion finally adopted, lb. ; passage 
 of act of union (B. N. A. Act, 
 1867) byimjjerial parliament, 43- 
 44; meeting of first i)arliament 
 of the dominion. 44 ; acfjuisition 
 of the Xorth-West, 44-45; in- 
 surrection in Ked River, 45-46 ; 
 establishment of province of 
 Manitoba ; meeting of first legis- 
 lature ; rei)resentatives take seats 
 in parliament, 46 ; admission of 
 British ( olumbia, 46-47; of Prince 
 Edward Island, 47; Newfound- 
 land declines to enter confedera- 
 tion, 47-48 ; im{x'rial order in 
 council plai'ing all British North 
 America except Newfoundland 
 under control of Canada, 48. 
 
 VII. ConRtitution of the general 
 tjorcrnment and phdiament: wide 
 extent of dominion, 48 ; ex- 
 ecutive government, 40 ; ottice of 
 governor-general, 40-52; appoint- 
 ment of administrator, in his 
 ateence, 51 ; may be removed at 
 any time, 51 n. ; his salary, 62; 
 advised h\ a privy council, 52; 
 its appointment and functions, 
 52-54 ; formation of first ministry 
 of the dominion, 54 ; functions of 
 ministers, 54-55 ; organization of 
 public departments, lb.; constitu- 
 tion of parliament, 56 ; governor- 
 general opens and prorogues 
 parliament, 57 ; assents to or 
 reserves bills, lb. ; dissolves par- 
 liament, 57-58 ; general features of 
 the Senate or Upper house, 58, 59; 
 of the house of Commons, 50, 60 ; 
 duration of parliament, 60, 61 ; 
 control over revenues and duties, 
 61. 62; charges on consolidated 
 fund, lb. 
 
 VIII. Constitution of the provin- 
 cial go vernme n ts: control of general 
 
Y76 
 
 - INDEX. 
 
 PAPLIAMFiNTArY TXSTITITIOXS IN 
 iNADA — condmu'd. 
 
 povornment over provinces, 02; 
 lientenaiit-^overnor ajjpointed 
 and removed by governor-general 
 in council. 62; his duties and 
 responsibilities, (>3; aided by an 
 executive council, lb. ; represents 
 the queen in the performance of 
 certain executive acts, (i4 ; con- 
 stitution of local legislature of 
 Ontario, (i4-(j5 ; of (Quebec, ()5-(i6; 
 of >»ova Scotia, 07-G8 ; of !New 
 Brunswick, (iS-fii); of Prince 
 Edward Island, Gft-TO ; of Mani- 
 toba, 71 ; of British Columbia, 71- 
 72 ; government of the North- West 
 Territory, 72-73; creation of pro- 
 visional district of Keewatin ; 
 imperial legislation to remove 
 doubts as to the power of Can- 
 adian parliament to legislate with 
 respect to new provinces in the 
 territories, etc., 74-75 ; local legis- 
 latures may amend local constitu- 
 tions, except as regards othce of 
 lieutenant-governor, 75; disallow- 
 ance of provincial acts, 75-77; 
 niamber of acts disallowed bet- 
 ween 18G7 and 1882 inclusive, 77; 
 disallowance of streams' act of 
 Ontario legislature, 78, 80 ; of act 
 of Manitoba legislature incorpora- 
 ting Winnipeg South-Eastern 
 Railway Company, 80; powers 
 and responsibilities of dominion 
 government in tb.is respect, 80-81. 
 
 IX. DhtrihiUion of legblative 
 powers; object of the framers of 
 the constitution, 81-82 ; powers 
 of the general government, 82 ; 
 of the provincial governments, 
 lb. ; exclusive powers of legis- 
 latures resp cting education, 83 ; 
 concurrent powers of parliament 
 and legislatures on immigration 
 and agriculture, lb.; difficulties 
 as to jurisdiction, 84 ; decisions 
 of supreme court of Canada and 
 privy council of England on 
 questions of jurisdiction ; domi- 
 nion controverted elections act, 
 85-87 ; insurance, 87-88, 591-594 ; 
 acts respecting temporalities' fund 
 of Presbyterian church, 88-90 ; 
 Ontario act respecting sale of 
 fermented or spirituous liquors, 
 
 Parliamentary Institutions in 
 Canada — continwd. 
 
 90-91 ; fishery leases and licenses, 
 91-93 ; Canada temperance act, 
 93-96 ; Ontario li(iuor license act, 
 681 ct seq. ; rules of construction 
 and inter])retation of provisions 
 of B.N. A. act relating to distrilni- 
 tion of legislative i)owers, 96-100. 
 
 Parliamentary Papers. See Accounts 
 and Papers. 
 
 Pecuniary penalties and fees ; may 
 be inserted in Senate bills, 664. 
 
 Petitions ; may be presented, on 
 reading of an order, 254 ; their 
 varied character, 259 ; presenta- 
 tion, 260-262 ; rules with resjKict 
 to, lb. ; no debate allowed on i)re- 
 sentation, 2()1 ; read and recei ed, 
 Ih. ; procedure in case of opposi- 
 tion to reception, 262 ; Commons 
 sjx^aker cannot present a pt^tition 
 nor a member one from himself,. 
 lb.; form, ~ "'^-264 ; irj 3gularities 
 in the same, 263-2()6 ; not re- 
 ceived from aliens, 2(55 : forgeries 
 and frauds punished, 266 ; direct- 
 ly asking for ixjcuniary aid, not 
 received, 266; indirectly asking 
 for assistance for public works, 
 received, 267 ; practice of Senate 
 Avith respect to money peti- 
 tions, 268 ; for the imposition 
 of duties, received, 268 ; for boun- 
 ties to industries, 268-269 ; for 
 comi«3unding or releasing debts 
 due to the Crown, etc., 269 ; read 
 and received on account of ur- 
 gency, 269 ; respecting privilege, 
 270 ; reflecting on house or mem- 
 bers, lb. ; printing, lb. ; rules of 
 the imperial authorities with res- 
 pect to petitions from colonial 
 ciependencies, 271-272. 
 
 Personal explanations ; when per- 
 mitted, 356. 
 
 Places of members ; in the Com- 
 mons, 155 ; rules concerning con- 
 duct of members, while in their 
 seatB, 342-3. 
 
 Prayers : by chaplain in the 
 Senate, 248 ; read by speaker in 
 
INDEX. 
 
 Ill 
 
 Prayers — coiUinwd. 
 
 Commons, 249-250. Form of, see 
 Apj). F. 
 
 Preamble. See Private Bilb. 
 
 Procetlonco . ■■ . debate ; in the Sen- 
 ate, 345 ; ".x the Commons, 344. 
 
 Previous question ; its form and 
 meaning:, 33(5 ; how used in Cana- 
 dian house, 337 ; in tl»e United 
 States Con^'ress, 337 /'.; cannot 
 be amended, 338 ; nor proposed 
 when an amenchnent is under 
 consideration, Ih, ; motion for 
 adjournment rej^ular. / h.; motion 
 for readinjx orders of day equiva- 
 lent to ])revious (juestion, Ih. ; 
 moved on stages of bills, lb. 
 
 Printing ; of paix?.rs and returns, 
 280 ; rule of the Senate with res- 
 pect to, lb. ; of the Commons, 
 290 ; joint committee on printing, 
 its appointment, 427, 428 ; oritrin, 
 287-288 ; its functions, 288-289 : 
 distribution otlice, 289-90 ; mo- 
 tions for printing pafiers, 290, 
 291 ; accounts of, audited and laid 
 before the houses, 239 ; performed 
 by tender and contract, 288 ; de- 
 partmental, 2SS n ; queen's prin- 
 ter, Ih. 
 
 Private Bills: 
 
 I. In general : Importance of, 
 584; number passed since 1867 in 
 Canada, lb. ; definition, 585 ; 
 questions of jurisdiction, 586 ; 
 railway bills, 587, 589 ; boards of 
 trade, 590 ; insurance, 590, 594 ; 
 electric light conqianies, 595-596 ; 
 for works for the general advan- 
 tage of Canada, etc., 587-588, 595- 
 596 ; refused because they affect 
 provincial rights, 596, 598 ; wide 
 range of dominion legislation, 
 598-600 ; foreign corporations 
 seeking powers from dominion, j 
 ()00-601 ; works on navigable 
 rivers, 601-602; with respect to 
 companies incorporated by pro- 
 vincial acts, 602, 605 ; supreme 
 court reports on private bills, 605, 
 607 ; questions of jurisdiction re- 
 ferred to Senate committees, 607 ; 
 classification of, 607 et seq. ; incor- 
 
 Privatk T3ills — continiud. 
 
 poration of ecclesiastical bcnlios, 
 60S; bills from municipal bodies 
 considered private, 608-()09 ; bills 
 frt»m c:ities treating of matters of 
 publii; {)olicy, public bills, 60li, 
 ()10; hybri<is, (ill; public acts 
 amended l)y, 613; hills com- 
 menced as i)rivate (ttnnot be pro 
 ceeded witli as public, 614 ; atioct- 
 ing the ])ubli(r revenue, //'. ; 
 general public acts affecting lor- 
 I)orate bodies, 615; joint stock 
 companies a('t, lb. ,- banking, 
 insurance, telegraphs, etc., 615, 
 616 ; all acts deemed public un- 
 less otherwise declared, 617 ; 
 English compared with Canadian 
 procedure, 618, 620; promoti<in 
 of, 621; ministers should not 
 initiate, I b. ; parliamentary 
 agentf5, 622; private'Tjill tlays in 
 the Commons, Ih ; fees and 
 charges, 643 et seq.; passed 
 through all stages at fine sitting 
 in cases of urgency, 663. 
 
 II. Petitions: Tin les relative to, 
 623; presented within ten days 
 after commeiKement of session, 
 624; extension of time, ()24-()25 ; 
 report of standing orders commit- 
 tee extending time, concurred in, 
 625 ; i)roceedings in case of no 
 extension, 62() ; referred t ) stand- 
 ing orders committee, 627 ; not 
 based on petitions (in the Senate) 
 665; (in the Commons) 667. 
 
 III. Committee on Stctnding 
 Orderly : Ap[x>inted, 627 ; its 
 duties, 627, (i29 ; rules respecting 
 notices for. 627, 629 ; iyformahties 
 in notices, ()29 ; nf)tice disix?insed 
 with, 630, 632, 633, 635 ; i)rinci- 
 ples wiiich guide committee 
 with respect to notice, 635 ; com- 
 mittee's rej)ort generally accepted 
 by house, 636 ; cases of report 
 being overruled, 636-()37 ; house 
 alone can susjiend rules, on com- 
 mittee's recommendation, 637; 
 case of committee's power to 
 report, lapsing, 638. 
 
 IV. First and Second Readings : 
 Bill introduced after favourable 
 report on petition, 638 ; rule 51 
 
7*78 
 
 INDEX. 
 
 PiuvATB Bills— continned. 
 
 rcsjx'.ctinj,' notice suspon(l('.d,()!jl>; 
 rates, tolls, fecB, or iine.s, lillcd up 
 l\v conunittee on bill, J l>. ; letters 
 patent or aj^recnient attached to 
 certain l^ills, Ih.; second reading, 
 1)4(1 ; rarely oi)j)osed in house, lb. ; 
 objections jrenerally made in 
 select connnittee, Ih.; principles 
 Avhich guide house on second 
 reading, ()41 ; referred to certain 
 select standing committees, ()41, 
 042; register kei)t of all bills, 
 042; order of reference dis- 
 charged, 042, 043; fees and 
 charges payable after second 
 reading, 044. 
 
 V. Committee!^: Lists hung uj) 
 in houses, 04(5 ; no bill considered 
 until after due notice thereof, 
 Ih.; rule sometimes susjiended, 
 Ih. ; power to examine witnesses 
 under oath, 047; questions 
 decided by majority of voices, 
 including chairman who has a 
 casting vote, Ih.; jx'.titions for 
 and against a bill, referred, lb. ; 
 rules respecting persons atfected 
 by proposed legislation, 048 ; pro- 
 ceedings, 049 et scq. ; amend- 
 ments, 051, 054 ; signed by chair- 
 man, lb. ; preamble not proven, 
 051, 053; every bill must be 
 reported, 053 ; attention of houses 
 directed to Sfiecial provisions, lb; 
 amendments infringing standing 
 orders, 055; report, 050, 051); no 
 quorum, 058; ordered to meet 
 and proceed with bill, i?>. ; time 
 for receiving re|X)rts extended, 
 050; no reference to committee 
 of whole in the Senate, 059-000 ; 
 I'eference to such committees in 
 the Commons, 000; no im})or- 
 tant amendment made at this 
 stage except after one day's 
 notice, 001 ; bills referred back to 
 standing committees in case of 
 material amendments, 001-002; 
 when amended by the Senate, 
 008. 
 
 YL Third Reading: No amend- 
 ments in Commons except after 
 notice, and then in committee of 
 the whole, 001, 002; may be 
 amended (after notice) in Senate, 
 
 Privatk JjUAH—conlinwd. 
 
 002 ; consent of the crown given 
 in certain cases, (;(i2; passage, 
 003; title awarded, Ih. 
 
 VII. Divorce mils] marriage 
 and divorce within jurisdiction 
 of i)arliament, 0()S-(i()!); publica- 
 tion of notice, 009 ; presentation 
 of i)etition, Ih. ; service of notice 
 O70-<)73 ; jrtoof of service by deo 
 laration, under 37 Vict. c. 37, 
 required by rule 73, 071 ; ex- 
 emplification of proceedings in 
 court, ()73; first reading of bill, 
 073-074; cost of jmnting bill, 
 074 ; proceedings on second read- 
 ing, 074-075 ; before select com- 
 mittee, (575-077 ; petition from 
 one of the parties for aid in 
 maintaining defence, 077 ; rejiort 
 of committee, 077-078 ; third 
 reading, and communication to 
 the Commons, 078 ; evidence no 
 longer published in journals, Ih.; 
 reference to lords' procedure, 079; 
 in the Commons, 079 ct seq. ; 
 referred after second reading to 
 committee on private bills, 080 ; 
 no longer reserved for her 
 majesty's pleasure thereon, 509, 
 573, 080. 
 
 Eates and tolls imposed in 
 the Senate, 004. 
 
 Amendments made by either 
 house, 008 ; read second time and 
 agreed to, lb. ; disagreed to, etc., 
 lb. ; sometimes referred to select 
 standing committee, lb. 
 
 Pkivileobs and PowEits OF Parlia- 
 ment : claimed at beginning of new 
 parliament, 180-7, 231 n. ; statutes, 
 relative to, 187-188 ; their nature, 
 188-189 ; members privileged in 
 their attendance on parliament, 
 189-191 ; exempt from arrest on 
 civil process, 190 ; need not serve 
 as jurors, or attend as witnesses, 
 191 ; breaches of i)rivilege — libels 
 and reflections on proceedings of 
 house, or its members, 192-193; 
 publication in newspapers of pro- 
 ceedings of select committees, 
 193-194 ; the assaulting, threat- 
 ening, or challenging of members. 
 
INDEX. 
 
 770 
 
 Peivilkc.es and Powers of Parlia- 
 ment — cont'ntW'd. 
 
 194, 374 ; disolxxlionco to orders 
 of house, 105 ; attoinpts io l)ribe, 
 196; witnosses, counsel, and f)tlier 
 persons in attendance on parlia- 
 ment, privileged, 190-1 !>7; publi- 
 cation of parliamentary j)apcrs, 
 197 ; punishment of a contempt 
 of privilege, lb. ; j)Ower of com- 
 mitment, 197-198 ; its duration, 
 199; procedure in case of a breac.'h, 
 199-201; power to summon and 
 examine witnesses,202; witnesses 
 should answer questions touch- 
 ing privileges, 204 ; of provincial 
 legislatures, 205 ; clecision of the 
 supremo court re Landers vs. 
 Woodworth, 205-207; provincial 
 acts defining privileges, 207-209 ; 
 questions of privilege,their varied 
 character, 316; have precedence 
 over all other questions, 316-319. 
 
 Privileges and elections, committee 
 of; apix)inted in the Conmions, 
 428, 430 ; matters referred (con- 
 tractors in parliament) 131 ct seq. ; 
 (eligibility of certain members), 
 137, 155 ; (double return) 127. 
 
 Privy Council of Canada; appointed 
 to aid and advise the 
 general, 52 ; origin 
 53; the ministry, 54-56; its mem- 
 bers present addresses to his ex- 
 cellency on behalf of either house, 
 294, 295, 296, 297, 293; bring down 
 messages, 301. 
 
 Privy Council, judicial committee 
 of; their decisions on questions of 
 legislative jurisdiction, 85 et scq., 
 681 et. scq. 
 
 Proclamations; calling parliament 
 together for desi)atch of business, 
 221 ; prorogued by, after close of 
 session, 237 ; for dissolution of 
 Parliament, 238, 240. 
 
 Progress reported ; from committee 
 of the whole house, 418, 420; | 
 from committees of supply or ! 
 ways and means, 483. 
 
 Property qualification ; required for 
 senators, 106 ; declaration resfjoc- 
 
 of name, 52- 
 
 Pro^xirty qualification —ronthiwd. 
 
 ting, J/>; renewed at beginninj; 
 of a new parliament, 106-107 ; 
 not reiiuired for mombors of the 
 Commons, 112. 
 
 I'rotest ; of senators to a vote, ?>S)2. ; 
 may assent to it in whole (ir in 
 part, lb. ; expunged by order, Ih. 
 
 Pul)lic accounts, committee of ; 
 appointed in the Commons, 428, 
 430 ; not in the Senate, 408. 
 
 Pulilic Acts ; local and private acts 
 to bo doomed, 617. 
 
 Quarrels between memlx?rs ; 
 speaker interposes to prevent 
 challenges, 374. 
 
 Qw:bic Act of 1774. See Parliamcu- 
 tary Iustitutioih<< of Canada, III. 
 
 QuEEX, The ; represented by the. 
 governor-general, 49 ; addresses 
 to, 293, it fteq. See Crown. 
 
 Queen's Birthday ; houses adjourn 
 over, 242. 
 
 Questions : 
 
 Proposed by the chair, 310; how 
 determined, lb. ; when compli- 
 cated, may be divided, 312-313 ; 
 of privilege, 316 ft seq.; amend- 
 ments thereto, 325-333 ; means of 
 postponing or superseding them, 
 by adjournment, 333-335 ; by pro- 
 ceeding to orders, 335-336 ; l)y 
 previous question, 336 ; same 
 question not to be twice ofl'ered 
 in same session, 339 ; evasions of 
 the general rule, 339-340 ; debate 
 thereon, 342 et seq. ; putting ques- 
 tion, new rule in English Com- 
 mons, 880; voting thereon, 384 
 et seq. 
 
 Questions put bv members ; notice 
 of required, 308, 309; in the 
 Senate, 321-322 ; latitude allowed, 
 lb. ; no entry in lords' journals of 
 inquiries, 322 n. ; rules limiting 
 their terms in Commons, 323 ; 
 place on order paper, lb. ; no 
 argumentative matter allowed, 
 lb. ; clerks may amend notice of 
 
ISO 
 
 INDEX. 
 
 Questions — con t imictl. 
 
 irregular question, Ih. ; should 
 not refer to matter of opinion, 324; 
 more latitude allowed to ministers 
 Ih. ; not allowable when they 
 affect character or conduct of 
 members, 325 ; other limitations 
 to putting them, I J). ; new rule of 
 English Commons with res{)ect 
 to motion for adjournment of the 
 house during imtting of questions, 
 3S1. 
 
 Quorum ; in the old legislature of 
 Canada, 27 ; in the Senate, 247 : 
 in the Commons, //;. ; (juestion 
 superseded, 335. 
 
 Railways, committee of ; appointed 
 in the Senate, 427 ; in the Com- 
 mons, 428, 430 ; bills referred, 642. 
 
 Reading room ; in both houses, 183; 
 admission thereto, Ih. ; news- 
 papers filed, lb. 
 
 Reasons of disagreement ; commu- 
 nicated to either house, in case of 
 bills, 403. 
 
 Recommendation of the Croicn. See 
 Chapter X VII., sec. 2. 
 
 Reflections, on the house or its 
 members ; punished as breach of 
 privilege, 102-193. 
 
 Relations between the houses : — 
 Messages by clerks, 397-398 ; 
 attendance of members request- 
 ed, 398-399 ; of ofiicers or ser- 
 vants, 399 ; conferences, 399-402 ; 
 reasons of disagreement com- 
 municated, 403 : joint committees, 
 lb. ; interchange of documents, 
 404 ; with respect to tax and 
 money bills, 404-408 ; bills reject- 
 ed by Senate, 409-410 ; no tacks 
 to supply bills justifiable, 410 ; 
 initiation of measures in upper 
 chamber, 411 ; efforts in that 
 direction, 412. 
 
 Reply ; allowed in debate to mover 
 of substantive question, 353, 354. 
 
 Reports ; of debates, 180 ; of com- 
 mittees of the whole, 423 ; of 
 
 Reports — contimied. 
 
 select committees, 44G et oeq. ; of 
 committees (tf i<upply and ways 
 and means, 489 ; of committees 
 on private bills, 058. 
 
 Reporters. See Hansard. 
 
 Reprimand ; by speaker, 154, 369 ; 
 entered on the journals, If>. 
 
 Resolutions ; proposed in commit- 
 tee, 416, 419 ; rescinded, 340 ; 
 reported from committee of the 
 whole, 423 ; in committee of 
 supply or ways and means, 482- 
 
 489 ; reported from those com- 
 mittees, 489 ; procedure on sec- 
 ond reading and concurrence, 
 
 490 ; bills ordered upon, 495 ; 
 duration of, 217. 
 
 Return book ; of election of mem- 
 bers, at opening of a new parlia- 
 ment, 141. 
 
 Revival of a bill or question ; on 
 sujjerseding of order for second 
 reading of a bill, 530 ; for com- 
 mittee of the whole or other stage, 
 421 ; in case of no quorum, 335 ; 
 of committee of supply, 481. 
 
 Riel, Louis; expelled, 151, 318. 
 
 Ro>/al Assent to Bills. See Chapter 
 XVIII., sec. 25. 
 
 Rules, orders and usages ; their 
 origin, 210 ; in the Senate, 212 ; 
 in the Commons, lb. ; revision of, 
 213-214 ; necessity for strict ad- 
 herence to, 214-215 ; only sus- 
 pended by unanimous consent or 
 after notice, 215 ; sessional orders 
 and resolutions, 216-217. 
 
 Rupert's Land ; acquired by the 
 dominion, 44 et seej. 
 
 Resignation of Members. See Chap, 
 II., sec. 9. 
 
 Sadlbir, James ; expelled, 151, n. 
 
 Saturday ; house does not generally 
 meet on, 241 ; committees may 
 meet, 444 ; house sometimes sits 
 on, at close of session, 241. 
 
IXDEX. 
 
 1S1 
 
 Sml. See Girnt Seal 
 
 Second Reading; of Inlls, 528, G40; 
 of resolutions, 423. 
 
 Schedules to Bills; 511 ; when con- 
 sidered in committee of tlie 
 whole, 542. 
 
 Seigniorial Tenure ; established, 
 4-5 ; abolished, 33. 
 
 Sexatr: Its constitution, 58-50; 
 present organization, 105; (juali- 
 lications of senators, KMi, 108; 
 renewal of declarati( )u of pro[>erty 
 ciualification, 1(K)-107; addition 
 to number, 107 ; vacancies, 108 ; 
 reporting of same, ib. ; (luestions 
 of qualifi(!ation and vacaiu'ies, 
 how determined, il>. ; introduc- 
 tion of new senators, 100 ; mem- 
 bers must not be interested in 
 certain contracts, 134, 135-13(); 
 attendance, 145-14(>; indemnity, 
 14G ; places, 155 ; speaker, how 
 appointed, 158 ; his functions, 
 158; clerk, 158-150; clerk assist- 
 ant, 159-160 ; gentleman usher 
 of the black rod, 160; serjeant- 
 at-arms, ib. ; chaplain, ib. ; com- 
 mittee of contingencies, IGO-Kil ; 
 accounts, ib. ; audited, 500 ; 
 minutes of jjroce^dings, 161 ; 
 journal, 162; admission to gal- 
 leries, 162, 172; ofhcial reports, 
 181 ; privileges, immunities and 
 l>o\\ers,187 et seq.; rules, orders 
 and usages, 210-211 ; revision of 
 same, 213; use of the French 
 language, 217-219; proceedings 
 at opening of parliament, 221- 
 223 ; after an appointment of 
 new speaker, 222, 223 ; the mace, 
 222 ; proceedings on election of 
 Commons' Speaker, 225-226 ; 
 consideration of speech, 223-224, 
 235-236; prorogation, 236-237; 
 days and hours of meeting, 241 ; 
 adjournment over holidays, 241- 
 242 ; long adjournments, 242 ; 
 decease of members, 243 ; ad- 
 journment during pleasure, 246 ; 
 quorum, 247 : prayers, 248 ; order 
 of business, 250, 252; urgency 
 given to government measures, 
 258 n. ; presentation of petitions, 
 260-261; form of same, 263; 
 money petitions, 268 ; reflections 
 
 Shn'atb — contbnird. 
 
 on house, 270 ; orders and ad- 
 dresses for papers, 274, 278; pa- 
 pers refused, 281 n. ; printiuLT, 
 28()-287; addresses to (piHon or 
 governor-general, 202, 203, 204 ; 
 joint addresses, 204-205; of con- 
 gratidation, 206 ; on retiremeut 
 of governor-general, 2'. 17-20!.) ; 
 messages from governor-general 
 301, 302 n. ; resi)e('ting pecuniary 
 aid, 304 ; notices of motiou, 307- 
 308; questions of privilege, 31ti; 
 questions put by members, 321- 
 323 ; amendments, 325 ct serj. ; 
 deportment of senators whilst 
 speaking or in their places, 342- 
 343 ; their jirecedence in debate, 
 345; rules limiting del)ate, 35)- 
 354; manner of addn^ssini: other 
 senators, 3(11 ; rules for the pre- 
 servation of order, 3H3-364; words 
 taken down, 363, 374 n. ; taking 
 a division, 384 tt hkj. ; senators 
 having a direct interest in a 
 question do not vote thereon, 
 395-306 ; messages to house by 
 clerks, 307-308 ; retiuesting at- 
 tendance of a member of Com- 
 mons as witness, 308 ; leave given 
 to senators or officers to attend 
 committees of the Commons, 300; 
 conference with Commons, 300 
 fi st'7. ; joint committee on lib- 
 rary and printing, 403 ; puts com- 
 mittee of its own in communica- 
 tion with one of the Commons, 
 ib. ; interchange of documents 
 with other house, 404; (piestions 
 of expenditure and taxation, 
 406-408 ; Commons bills rejected, 
 400-410 ; rule resi>ecting tacks to 
 money or other ])ills, 4lO, 500 ; 
 initiation of measures therein, 
 411-112; committee of the whole, 
 415, 416, 421, 541 ; select and ses- 
 sional committees, 427 (t se(j. ; 
 on private bills, 620 ; refer private 
 bills to supreme court to consider 
 questions of jurisdiction, 605 ; to 
 select committees, 607; may im- 
 pose rates and tolls in private 
 bills, 664; its proceedings with 
 respect to divorce bills, 668-670. 
 See Clerk, Parliament. 
 
 Serjeant-at-arms ; appointed in the 
 Senate by committee of contin- 
 
782 
 
 INDEX. 
 
 Scrjoant-at-arnis — continued. 
 
 j^onfics ; carries llio nia<v, 100 ; 
 ai)point(Ml l)y coinnussion imdor 
 tlu* <iroat seal for tll(^ Coinnioiis, 
 175 ; his duties, in the. ( 'oniiiKiiis, 
 175-17*) ; maintains ordor in j.'ai- 
 leries and lohhies, 17(5 ; takes in- 
 to custody jx^rsons jruilty of mis- 
 conduct, 177 ; summons ix^rsons 
 ordered to attend house, 200,202 ; 
 or may take, them into custody 
 on speaker's warrant, lOO, v., 203 ; 
 attends the speaker with the 
 mace, 228. 
 
 Session ; (juestion, once decided, 
 not again oflbred in. sjuno session, 
 339; private bills taken up and 
 rapidh' proceeded witii in a sub- 
 sequent session, 239. 
 
 Sessional orders ; their effect, 210. 
 
 Shorthand writers ; before 
 mittees, liow i)aid,441. 
 
 Simultaneous polling at a general 
 election, 112. 
 
 Sitting.9. See Commons, House of. 
 
 Speaker : 
 
 I. Of the Snwtr : Appointed by 
 commission iinder the great seal 
 157 ; his duties, 158 ; proceedings 
 in case of absence, 157 ; salary, 
 147 ; new api^ointment, 222, 223 ; 
 reports his excellency's speech, 
 223 ; commands usher of the 
 black rod to proceed to Commons 
 chamber, 222, 236 ; informs Com- 
 mons that causes of summoning 
 parliament Avill not be announced 
 until a speaker is elected, 226 ; 
 acknowledges Commons' privi- 
 leges on behalf of his excellency, 
 229 ; his duties at prorogation, 
 236-237 ; may address the house ; 
 explains points oi orders, when 
 called upon, 158 ; Senate adjourns 
 on announcement of death of a 
 former speaker, 243 ; his duties 
 in absence of quorum, 247 ; may 
 present a petition, 262 ; decision 
 of a speaker as to money j^eti- 
 tion, 268 n., signs addresses to the 
 queen or her representative, 295 ; 
 votes on questions, 390-391. 
 
 com- 
 
 Spka k er — ron tin wrl. 
 
 II. Of the Jloufir of Commons .• 
 Ifeports of judges reSjKM-ting con- 
 trcjve.rted elections made to him 
 ]>y law, 120, 121 ; orders issue of 
 writs for elections, 124 ; informs 
 the house of the issue of war- 
 rants, 124 ; issues warrant on 
 resignation of members, 138 ; on 
 acceptance of oHice, or on vacancy 
 by death, Ih. ,- 139; new mem- 
 bers, on introduction, pay their 
 resixjcts to liim, 142-143 ; his 
 salary, 147 ; admonishes or re- 
 I)rimands members, 153 ; provi- 
 sions of i). X. A. act resi)ecting 
 election, 1()2-1()4 ; provision for 
 his temporary ab.sence from chair 
 1()4 ; Serjeant with mace precedes 
 him, on his entering <ir leaving 
 house^ 1()5-166 ; his duties, 166- 
 168 ; takes no part in (leliate 
 whilst in the chair, 168; but may 
 speak in committee of tlio whole, 
 168 ; only votes in cases of equal- 
 ity of votes, 168 ; signs votes and 
 proceedings, 170; his right of ai)- 
 jKtinting certain otticers and ser- 
 vants ; his control over the same, 
 171, 17:^-173 ; informs house of 
 changes at the table, 173 ; may 
 suspend or dismiss employees, 
 174, 193 ; appoints accountant, 
 174, 184 ; ]nay order withdrawal 
 of strangers, 177 ; acts as chair- 
 man of board of commissioners 
 of internal economy, 183 ; claims 
 privileges at oj)ening of new par- 
 liament, 186 ; is examined in the 
 chair, in cases of inquiry by the 
 house, 202 ; his duty on examina- 
 tion of witnesses at the bar, 202- 
 203 ; is chairman of committee 
 for revision of rules, 213 ; calls 
 attention to certain fjuasi stand- 
 ing orders, 217 ; reads motions 
 in the two languages, when pos- 
 sible, 218 ; elected at commence- 
 ment of new parliament, 224- 
 228 ; proceedings after his elec- 
 tion, 228 ; reads pravers, 229, 
 235, 249, 250 ; proceeds to 
 the Senate chamber, 229 ; 
 his duty on returning, 231 ; 
 at a prorogation, 236-237 ; leaves 
 the chair at six o'clock, p.m. ; 
 resumes at half past seven, 246 ; 
 his duty in absence of a quorum, 
 
TXDEX. 
 
 783 
 
 Si'BAKfjn — oonlhuu'd. 
 
 247-24S ; at of)onin^' of sitting, 
 •_'r)(>-2r)l ; fiills qiu^stioMH, LT):',, Wl',); 
 orders of tlio <Uiy, 25;] ; culls for 
 lirescntatiou of jxjtitions, 2()0 ; 
 puts <iiu\st ion for their recciption, 
 2tJl-2()2 ; caiiuot present a {K'ti- 
 tion, 202 ; lays certain papers 
 l)eforo houses, 27o ; does not put 
 motions for printing', 2!»0 ; an- 
 nouncoe and reads messa^'es from 
 jj:()Vcrnor-f:eneral, :5()1,;544; com- 
 municates rei)lies of eminent i)er- 
 sons to thanks of parliament, 
 300 ; proposes a ([nestion to the 
 house, 310 ; states motions and 
 amendments, in their order, 327- 
 32S ; addressed by members, 343- 
 344 ; ^ives precc^denoe to mem- 
 ber who tirst catches his eye, 
 343-344 ; his duty when two or 
 more members rise, lb.; will not 
 permit written siieeches, 1545 ; or \ 
 allow readinj^ of document* re- 
 flecting or commentinj^ on de- 
 bates, 340 ; keeps members to 
 question under debate, 340-350 ; 
 calls members to order for in- 
 fringing privilege of making jjer- 
 sonal explanations, 350 ; leaves 
 chair on reception of message 
 from governor-general, even in 
 midst of a debate, 358 ; will not 
 permit unparliamentary lan- 
 guage, 364 it aeq. ; names a mem- | 
 ber for breach of parliamentary ! 
 decorum, 308-300 ; reprimands, 
 154, 300 ; orders that words be i 
 taken down, 370-373 ; his course j 
 on his attention being -called to \ 
 danger of hostile meeting be- I 
 tween members, 374 ; orders ; 
 members to withdraw, 370 ; inter- j 
 feres to prevent {jersonal allusions 
 to judiciary, 377-378 ; his increa- 
 sed powers in English Commons 
 under new standing orders, 378 
 et sc<}. ; votes in case of equality 
 of votes, 301 ; resumes chair, to 
 decide question, 418 ; and when- 
 ever necessary, 422 ; presents the 
 supply bill, 501. 
 
 Speech ; of his excellency the gov- 
 ernor-general, at opening of ses- 
 sion, 231 ; at close, 237 ; address 
 in answer (in the Senate), 223 ; 
 (in the Commons), 231 et seq. 
 
 Statutes ; distrilmtion of, 583. 
 
 Strangers, admission of; togall(^ries 
 of houses, 170. 
 
 Streams' Act of Ontario ; disallow- 
 ed, 78-80. 
 
 SubjMcnas ; members need not obey 
 during session, 101. 
 
 Summons of Parliament ; liy the 
 Crown, 220; causes of, declared 
 by g(jvernor-general, 220. 
 
 Sunday ; meetings of English Par- 
 liament on, 245 ; Canadian Com- 
 mons sit on one occasion over 
 Saturday, 240. 
 
 Supply axd Ways axd Mrans. 
 
 I. Grniitfi of puhllc inonrtj ; prac • 
 tice relative thereto, 403 ; sec. 54 of 
 B. N. A. Act, recpiiring recom- 
 mendati(jn of govcrnor-t'(3neral, 
 463^05 ; previous committee ne- 
 cessary, 405-4()8 ; abstract resolu- 
 tions, 40'^— too ; reference of 
 matters, which may involve 
 expenditure, to select (committees, 
 470 ; mode of signifying recom- 
 men<lation of governor-general, 
 470-471 ; ditlerent from consent 
 of the Crown, 472-474. 
 
 II. Committee of Svpphi : Esti- 
 mates, 474 ; referred, //>.; pro- 
 cedure on going into, 47tj ; 
 amendments on motion that 
 speaker leave chair, 477-480 ; 
 lapsed order, 481 ; in committee, 
 481 et Ki'ij. ; cannot receive grant 
 Avithout reccjmmendation of the 
 Crown, 484. 
 
 III. Committee of Wdijs avd 
 
 Means : Budget si)eech, 484-480 ; 
 impos'tion of duties, 486; pro- 
 ceedings therein, 489. 
 
 IV. Reports: resolutions not re- 
 ported on same day as agreed to 
 in committee, 480 ; reception of, 
 490; amendments and debate, 
 490-491 ; postponed, 492 ; referred 
 back, lb. ; grants not increased 
 at this stage, 492-494 ; nor duties, 
 494 ; every new duty voted in 
 committee, 1 b. ; effect given im- 
 
784 
 
 INDEX. 
 
 Slim'ly an'I) Ways and Mhaxh — 
 
 !iioiliat(Oy to resolutions of cns- 
 toiiis and oxci.so, 4'J5. 
 
 V. Bilh: tax bills, 4!)r)-4i¥J ; 
 ai)i)roi)riatioM or supply bill, 4iK) 
 'Isxj.i in lb«* Sonato, 500-5(».'3 ; 
 royal assent, 50;i. 
 
 VI. In General: Address to the 
 Crown for an expenditure at close 
 of session, 504 ; (;ustoniary in 
 ease of public funerals to deceas- 
 ed statesmen, ib. ; cannot be 
 moved by private member, 505 ; 
 audit of appropriation accounts, 
 505, et seq. 
 
 Svpmme Court of Canada. See Judi- 
 cianj. 
 
 Supreme or Su})erior Council; es- 
 tablished in French Canada, 3. 
 
 Suspension of members ; when ex- 
 ercised, 154, 202 ; new standing 
 order of the English Commons, 
 382. 
 
 Suspension of rules ; in the Senate, 
 215 ; in the Commons, ib. 
 
 Suspension of sitting ; in the two 
 houses, 246. 
 
 Sydenham, Lord ; governor-gen- 
 eral, 26 71. , 28 ; bis opinion as to 
 a municipal system, 31 ; his 
 death, 575. 
 
 Table of the House ; mace lies on, 
 whilst house is sitting, 228 ; peti- 
 tions laid thereon, 259, 260, 261, 
 209, 270. 
 
 Tacks to Money Bills; resolution 
 of the upper house relative to, 
 410; remarks of Mr. Speaker 
 Brand on the subject, 500. 
 
 Tampering Avith a witness in at- 
 tendance; a breach of privilege, 
 195. 
 
 Tasse, Elie ; dismissed from service 
 of the house, for breach of privi- 
 lege, 193. 
 
 Tax Bills; originate in committee 
 of the ( 'ommons, 500 ; Senate not 
 to amend, 407, 501 — 502, 514. 
 
 Temperance Act, Canada, of 1S78 ; 
 judicial decisions respecting, 93 
 — 9(); 681. 
 
 Temporalities fund; decision of im- 
 perial privy council rosiKH;ting 
 (Constitutionality of provincial 
 legislation, 89—90. 
 
 Thanks of Parliament; given to 
 distinguished individuals, for 
 signal services, 3(K); letters in 
 reply communicated to the 
 houses, 26. 
 
 Titles of bills ; amended generally 
 on passage, 551, 663; sometimes 
 by committee of the whole, and 
 reported, 542 ; by select commit- 
 tees on private bills, 656. 
 
 Todd, Alpheus; his constitutional 
 works, 181 n. ; his opinions on 
 certain (questions, 294 n. 
 
 Tolls and charges ; in private bills, 
 639; may be imjxjsed by the 
 Senate, 664. 
 
 Trade, bilh rchiting to. See Chapter 
 XVIII on Public Bills, sec. 4. 
 
 Treaty of Paris ; signed, 6. 
 
 Trevor, Sir John; expelled from 
 Parliament, 166, 196 n. 
 
 Union Art, 1840. See Parlimnentar)/ 
 Institutions in Canada, V. 
 
 United States, congress of; form of 
 previous question therein, 337 n. 
 
 Unopposed motions ; agreed, to, 
 without notice, by general assent, 
 315. 
 
 Usher of the Black Rod ; appointed 
 to the Senate by commission 
 under the great seal ; his duties, 
 160; at opening of parliament, 
 225, 229 ; at a prorogation, 236. 
 
 Vacancies in seats ; by death, 139 ; 
 resignation, 138; acceptance of 
 
IXDEX. 
 
 •78.-) 
 
 Vacancies in seats — rotitltmnl. 
 
 oflico, i:V.); ju(l^ro'« roiX)rt in oloc- 
 tion cases, 120, 123. 
 
 Vancouver Island ; annexed to 
 British ('()luml)ia, 71. 
 
 Veto ; of lientenant-govornors to 
 bills, 57!)-5.Sl. 
 
 Votes and Procoodin<j;s ; to be prin- 
 ted, lirst perused by siK-akc^r, 17<S ; 
 their form, //>. ; nrntions r(^s('ind- 
 el, Ih.; notices ;:iv(ni therein of 
 motions, 307, 3(i',»; of bills, 30'J ; 
 petitions printed therein, 270. 
 
 Voting. See Dii'i.vo)i!<. 
 
 "Wales, Prince of; addresses to, by 
 the lej:;islatur(^ of Canada, 304 ; 
 on his recovery from illness, 29G n. 
 
 "Warrant for new Writ ; issued 1)y 
 the speaker, in case of death, 
 138 ; resijrnation, 138 ; acceptance 
 of office, ib. ; by clerk, 120 /;. / by 
 two members, when there is no 
 speaker, ib. ; form of, see app. I- 
 
 Ways and Means, committee of; 
 tiee Chapter XVIL, Sec. 8. 
 
 Weldon, Mr.; his opinion on a 
 question of jurisdiction. G04. 
 
 Wilkes, John ; his case comparod 
 Willi that of Mr. W Ly-.n Mac- 
 kenzie, when exitelled, 152. 
 
 Wihtiot, Mr. SjH'aker; held sivit in 
 cabinet, .m //.; tnkvti part in lUv 
 bates, 158 )/. ; apiMiinted lieut.- 
 governor, ib. 
 
 AVinnip("_' Soiith-Eastern Railway 
 bill ; disallowed, hO. 
 
 V.'itne.sHes ; privile.<red in attend- 
 ance on parliament, liXJ ; tam- 
 jK^red with, a breach of privile^je, 
 1!»5; summoned to attend Stuiato, 
 202 ; ("(jiiunons, //>. ; answer 
 <luestions, 202-204 ; sworn at the 
 bar of the Senate, 400 ; Ix^fore 
 .select committees of both houses, 
 Ih. ; before i>rivate l)ill com- 
 mittet\s, 45S, 4iiO ; expenses, how- 
 paid, 457-458. 
 
 Wooilwnrth, Mr. ; supremo court 
 de(;i(les ho had been improjierly 
 removetl from house of assembly 
 of Nova Scotia for contempt, 
 205-207. 
 
 Words ; taken down, 370 el scq. 
 
 WrU.9for Elections. See Elections. 
 
 Yeas and Nays. See Division.