'iu e> -,%. ^-^ IMAGfc EVALUATION TEST TARGET (MT-3) :a 1.0 lliu 1.25 IM ill 2. 5 1^ f ^ lis 1^ «£ IM i.4 6" 1.6 -V w <# rt/ W o / Photographic Sciences Corporation 23 WEST MAIN STREET V'EBSTEk, NY. 14580 (716) 87'>-4i03 S."^ ^ ■1>^ ,\ \ \ ^9> V % V ^ > l,'l o PROCEEDINGS TO BE ADOPTED IN CONDUCTING OR OrPOSINa PEIVATE BILLS IN tua ?qHii)ii()ei)t of Cmh'y AND THE STANBINa ORDERS OF BOTH HOUSES IS KKI.ATION THKRETO. BY ALFRED TODD, CHIEF CLERK OP COMMITTEES AND PRIVATE BILLS, HOUSE OP COMMONS. THIRD EDITION, EMBRACINa TIIK LATEST CnANOES IN THE PRACTICE. OTTAWA : PUBLISHED BY JOHN DURIF & SON, SPARKS STREET. 1868. "% \ , -Q ^^e year 1868> »7 PREFACE. In the first Sesnion of the first rarliaraent of the Dominion, the Rules and Practice in force in the old Province of Canada with regard to Private Bills were adopted by Parliament, with some modifications in the details, which, though of importance in their place, effected no material alteration in the system. These are all embodied in the present Edition of this work; and as no clearly defined Private Bill system of practice has prevailed in the Local Legislatures of Nova Scotia and New Brunswick, the precedents referred to are ail taken from Canadian practice; they include those given in the last Edition, and others gleaned from subseque:it legislation, both in the Provincial Parliament, and in the first Ses- sion of that of the Dominion. In the course of the last mentioned Session, it happened upon several occasions, that doubts arose as to the true interpretation of those provisions of the " British North America Act " which placed certain classes of subjects under the exclusive control of the General Parliament, and of the Provincial Legislatures, respectively. A chapter has therefore been added, on " Legislative Jurisdiction," in which mention is made of the various questions that arose from time to time, and the course taken thereon ; and certain observa- IV PREFACE. tious and «ugge«tions are offered, in the hope tliat some plan may be devised for obtaiuing a more definite interpretation of tlie Imperial Act in this respect. The authorities cited in explanation of the Imperial practice, are : — Report on the practice of the House of Commons upon Private Bills : witli suggestions for the future regulation of Private Busi- ness in the Legislative Assembly of Canada. By Alpheus Todd, Librarian to the Legislative Assembly. (1847.) lleport from Select Committee of the House of Commons on the Business of the House. (18C1 ,) May on the Law, Privileges, Proceedings, and Usage of Par- liament. Sixth edition. (18G8.) Sherwood on the proceedings to be adopted in conducting Pri- vate Bills through the House of Commons. Third edition. (1834.) Frere's Practice of Committees of the House of Commons, with reference especially to Private Bills. (1846.) Bristowe on Private Bill legislation in the Imperial Parlia- ment. (1859.) House ov Commons, Ottawa, November, 1868. preface: to the first edition. Parlia- TiiE object of tliirt work, is to cxtthiin fully the proceedings at the various stages, in either House, aiul in Committee, upon Private Bills solicited in the Parliament of Canada. The system of practice, hough based on that adopted in the Imperial Parliament, differs Vom it materially in many of the details ; and the absence of any land-book or guide to the course of proceedings to be observed, has )ccn long felt, not only by parties soliciting or opposing Bills, but Iso by Members of the Legislature charged with the conduct of uch Bills in either House. The writer has been connected with the Private Bill Office since H establishment, and has thus had an opportunity of noting down, they occurred, the various decisions and modifications which have een made from time to time, and which have established the lystera of practice as it now stands; while in all matters not pecially provided for, reference is made (in accordance with a tanding Order) to the usages of the Imperial Parliament. The Rules of the two Houses concerning Private Bills arc ppended to the work. The Provincial precedents referred to based on decisions or practice, in the House or in Committee,) ill be found in the Journals of the Legislative Assembly (the prc- nt system having been but recently introduced into the Upper ouse). Legislative Assembly, Quebec, May, 1862. PREFACE TO THE .SECOND EDITION. I { Thk first edition of this Treatise was published early in the Scsaion of 18G2, when the new Rules adopted by the ]ie,i;islativi Council assimilatin*^ the practice of the two Houses first came into operation. Certain modifications of the Rules and practice, calcu lated to define more clearly the requirements of the Rules, and the powers of the Committee on Standin.;; Orders, and also to facilitate the transaction of business between the two Houses, were suggested in the course of the Session, and these having been agreed upon h] the Private Bill Committee of each House, were embodied in Reixirts to the Legislative Coancil and Legislative Assembly, respectively, and received their concurrence. The alterations thus made, though comparatively unimportant, rendered it desirable that a new edition of this work should bo issued ; and the Committee of the Legislative Assembly haviiii! specially recommended that this should be done, a second edition has been prepared accordingly, embodying the changes above refer red to, and also the precedents established by decisions and practice in tlie year 1862. Legislative Assembly, Quebec, July, 1862. )N. early in the Lcj^islativc 8t came into let ice, calcu lies, and tlie to facilitate re suggested ced upon bj smbodied in 1 Assembly, m important, k should bo iibly having iond edition above refer- and practice CONTENTS. fAQE. 1. Preliminary Observations I 2. rJefmilion of a Private Bill 7 3. IjCgialative Jurisdiction regarding Private Bills. . ^ 13 4. Parliamentary Agents 29 5. Petitions for Private Bills 32 6. Proof of Notices, before Committee on Standing Orders 35 7. Presentation and first reading of Bill 54 8. Payment of Fee and charges 59 9. Committees on Private Bills, and their powers 64 10. Proceedings in Committee on Bill 71 11. Second reading of Bill 97 12. Proceedings in Committee of the whole 101 13. Third reading of Bill 109 14. Proceedings on Private Bills in the Senate 113 15. Royal Assent 119 APPENDIX. I. Rules common to both Houses, in relation to Private Bills 122 II. Rules of the Senate concerning Bills of Divorce 134 I. Form of Petition to the three Branches of the Legislature, for . a Private Bill 138 i I f^- T Bill upo fror cee( fere Tm legii also in SI app: toil 1^ . ■)"» PROCEEDINGS TO UB ADOPTED IN COMDOCTlNf. PRIVATE BILLS TUnOUQB THB PARLIAMENT OF CANADA. 1.— PRELIMINARY OfeSERVATIOMS. The distinction between Public and Private Dhtincuoa Bills is one that has been recognized and acted Pubiiraad upon by the Parliament of the Mother Country l^iJ^^" from a very early period, and the mode of pro- ceeding upon the two classes of bills has also dif- fered in some important particulars. In passing Private Bills, while ParHament still exercises its legislative functions, its proceedings also partake also of a judicial character ; the parties interested in such bills appear as suitors, while those who apprehend injury are admitted as adverse parties to the suit. Much of the foimality of a Court of Justice is i I First pro- yiaion for P-'vate Bills in Canada M: rRELIMINARy OBSERVATIONS. maintained ; conditions are required to be ob- served and their observance proved by the pro- moters of a bill, and if tnev abandon it and no other i:)arties take it up, the bill is dropped, how- ever sensible the House may be of its value.* Although this distinction was recognized by the Legislature of the old "Province of Canada" in framing Kules for its guidance at its first Session (in 1841) by the adoption of a provision requiring two months' notice of applications for private bills, and the exaction of a fee of iJ20 on all such bills ; and also by the appointment, every Session, of a Stanainp- Committee on Private Bills ; little else was done towards the adoption of a regular system of practice until the year 1846, when the Speaker of the Legislative Assembly was author- ized to cause an inquiry to be made into the sys- tem pursued in the House of Commons, with a view to the preparation of a system of Standing Orders and practice adapted to the circumstances of the Province.f The result of this was laid on the table of the House in the following Session A'pheus^ in the shape of a Report, prepared by Mr. Alpheus port on Todd, the present Librarian of the Canadian Privftto Bill Prac- Housc of Commous, giving a full and lucid ex- *'*'*' plaiiation of the system of practice in operation • May, p. 633. t Assembly Jouru., 1846, p. 344. ■ I _jL^ ^ PRELIMINARY OBSERVATIONS. ^ ill the I.mporial rarliament, and submitting a code of orders and regulations such as appeared suit- able to the requirements of Canada.* No im- mediate action was taken upon this Keporl, but in the same Session the practice of referring both petitions and bills to the Committee on rrivato Bills indiscriminately was discontinued, and petitions were from that time referred to the Committee on Standing Orders, for proof of a compliance with the Itules of the Hoi^se. In Private 1850, a I'iivate Bill OOice was established, in pur- suance of a suggestion contained in the above- mentioned liei^ort, and a system of practice organised, which, with some few modilications subsequently in the details, is that now in use. Up to the year 18GI, no regulations had been Former made by the Legislative Council of Canada con- KouSdi! cerning private bills, except to reqiii) e an official report to the Speaker of the notices given on petitions, end the payment of a fee on all such billi! as originated in that House : but in the S(\s- sioii of 18G1, a conference was held between the two Houses, which led to the adoption, ])y the Council, of the Private Bill liules of the Assem- bly verbatim ft literatv,ri .^ These Rules were slightly modiiicd in succeeding Sessions, and, in * Assembly Journ., 1817, p. 31. (App. B) t L. Council Journ., 18G1, pp. 98, 104. M M!! !i Hi 4 I^MLIMINARY OBSERVATIONS. the first Session of tiie Parliament of Canada held lltf"'' "" nnder the authority of the "British North Ameri- Houscs ca Act, 1807," thev were adopted by both Houses, -now nearly > > j x j identical, with soine further modili cations as j-egards the Commons, which were not made in the llules of the Senate ; the Rules as adopted by etvch House, will be found at the end of this work, (Appendix I,) together with certain additional Rules of the Senate relatmg to Divorce Bills. (Api^endix II.) The practice of the two Houses being thus made almost identical, the account given in the follow- ing pages, of the proceedings on Petitions and Bills in the Lower House, will apply substantially to the Upper, any diversity of practice between the two Houses being speciall}'- poinh^d out in the appropriate place. It should be stated, however, that the fee is charged only in the House in which the bill originates,* and all expenses for printing and translation being exacted at the same time, no payment is required to be made in the other House, except in cases where a bill i,^ ordered to be reprinted, when the expense mufc t be borne In which by its promoters. As a general rule, i>rivate bills va^irBiiis may originate in either House, but it being the naL ^"^' exclusive right of the Commons to impose and appropriate all charges imposed upon the people, every bill which involves any tax, rate, toll, or 58th Rule. ida lieJd I Amcri- llouses, irds the llulos of House, peiidix s of the dixll.) as made follow- nd Bills tially to een the in the owever, II which milting- le time, e other lered to i borne ate bills ing the ose and people, toll, or PRELIMINARY OBSERVATIONS. 5 duty, ought to be first brought into that House.* It has followed from this restriction that by far the greater number of private bills have been first passed by the Lower House .f It may be worthy of consideration whether it might not be desirablor ill" this country, also to include bills re- lating to Banking in this category, as they are n©BessarUv' subject to the supervision of the Min ister of Firidnofi-^j^ho has always a scat in the Commons. The IJot'H^1^4jfte^nerally originated naturalization, name, estate, Wd^^'lfiA'^jce bills,J but this has not been the practice with thftf^p^e^ House, in this country, save only as regards;^^^ divorce bills, which have invariably been intro- duced first into that House. The House of Commons of G-reat Britain, by a Arrange- Standing Order of 1858 (No. 67), have provided J^^enVho that the Chairman of Ways and Means, shall, at twcOJousoa ;. ^ ' ' for ortgiH-,^ the commencement of each Session, confer with ating biii«^ ". - the Chairman of Committees of the House of , Lords, for the purpose of determining in which iji • Mf-y, pp. 437, 635. t The House of Commons of Great Britain, bj a Standing Order of 2Vth July, 1558, have agreed '< that this House will not insist on its privileges with regard to any clauses in private bills sent down from the House of Lords, which refer to tolls and charges for services performed, and are not in the nature of a tax." t May, p. 636. i t 6 II PRELIMINARY OBSERVATIONS. House the resi^ective private bills should be first considered, and report the same to the House. -^ This arrangement was the result of a recommen- dation contained in the 3rd Report of the Select Committee of the House of Commons on Private Bills, in 1847. (p. 6.) * Bristowe's Private Bill Practice, pp. 15, 73. An example of the result of this arrangement will be seen by referring to the Commons Journals of 1860, p. 16. I be first House. "^ jommen- le Select . Private .n example rin": to the 2.— DEFINITION OF A PRIVATE BILL. Every bill lor the particular interest or benefit fet"°en'°° lof any person or persons, is treated as a i)rivate j^ubUc^and |J)ill, whether it be for the interest of an individual, Bills, public company or corporation, a parish, a illy, a county, or other locality ; * it is equally listing'uished from a measure of public policy in rhich the whole community are interested, and lis distinction is marked by the solicitation of )rivate bills by the parties whose interests are joncerned.f There is a class of bills, however, which, thou^^h Somi- ^ private local or special in their operation, yet havmgbeen biiu. solicited by persons not in the interest of the )arties to be affected by their ojieration, or having )een introduced upon public grounds, have been treated by the Legislature as public bills. Bills |of this class have occasionally been introduced as )rivate, and referred to the Standing Committee * A bill for the benefit of three Counties has been held by ihe British House of Commons to be a private bill. 1 Commons [Journ., p. 388. t May, p. 626. / k.^ y I ii 8 DEFINITION OF A '^""^^'Oii Prh^ate Bills, but upon their report that they were pubHc, rather than i^rivate in their charac- ter, they have been referred by the House to an- other committee, and treated otherwise as public bills.* It must be obvious, however, that on bills of this nature, the same notice should be required J as upon a private bill, with the exception only of such as are introduced ^x\^o\\ some well-defined princix)le of public i:>olicy or right. Victoria 111 1858, the Committee on Private Bills report- New Town- . _ -^ sbipa Bill, ed, with reference to a bill to attach certain newly biy.) surveyed townshijDS to the County of Victoria, that they were in doubt whether the bill came within their i^rovince, inasmuch as it affected the Territorial Divisions of the Province, the Repre- sentation, and the administration of Justice ; but they prepared such amendments as appeared to them desirable, and left it to the House to con- sider whether action should be taken on their re- port or not. The House took the bill into con- sideration with the proposed amendments, and treated it therefore as a private bill.f In 1864, the same course was taken (with a like result) in * Quebec Recorder's Court, 1856 ; Montreal Trinity House (amending the provisions concerning pilotage), 1857 f Quebec Harbour (a Government Trust), 1858 ; River Welland Bridges Protection, 185^ ; Caisse d'Economie de St. Roch Investigation, 1861 ; Rimouski and Gaspe division, 1865. t Assembly Journ., 1858, pp. 568, 684. PRIVATE BILL. [elerence to a bill respecting the Common of the [uron Indians at Lorette, which was not con- iderecl private, the Indians being under the pecial protection of the Crown * In the British House of Commons, may be in- tanced the Passing Tolls on Shipping Bill (intro- luced in 1856), which was held to be a piiblic >ill. It concerned the harbours of Dover, Rams- ^ate, "Whitby and Bridlington, abolished passing )lls, transferred the control of those harbours to le Board of Trade, imposed tolls, and repealed >cal Acts ; but, being a measure of general policy, [s character was not changed by the fact that lese harbours only came under its operation. 'he Eed Sea and India Telegraph Bill (in 1861), rhich amended a private Act, was introduced id passed as a public bill, as it concerned the mditions of a government guarantee.! The practice in Canada has been to treat all Bills re- iting to the Representation,! the adminisira- ion of .Tustice,§ or the protection of the Indians • Assembly Journ., 186J, pp. 391, 478. t May, p, 629. t Armagh Representation, 1858 ; Peel do., 1858 ; Drum- lond and Arthabaska do., 1858 ; Bill to transfer Delaware from ^lie West to the East Riding (Electoral Division) of Middlesex, L8G2 ; Hochelaga polls, 186.3 (Aug. Sess.) §, Montreal Recorder's Court, 1852-3 5 Gasp6 Circuit Court, 1852-3; Huntingdon Circuit Court, 1854-5; Montmagny do., 9 Commou of T.orette Indians Bill, (do.) Passing Tolls on Shipp'ng BilUCom mons). Red Sen and India Telegraph Bill, (do.) il II I I! Certain bills treat- ed as pub- lic bills. Rectorial lands sale Bill. 10 DEFINITION OF A and their lands and property,* however local oil partial in their operation, as public bills, these] questions being under the especial charge of the] Administration, and being dealt with on broad) general principles. All bills relating to Govern- ment Trusts or Commissions,! or public works] under Grovernmont control,^ are likewise sol treated. Biiii in- Some bills, though strictly private, having' irregularly been introduced irregularly {i e., not based upon i petition, in the usual way), the committee have declined to proceed upon them.§ In 1864, a bill to enable the Church Societies and Incor- porated Synods of the Church of England Dio- ceses in Canada to sell the Rectorial lands in the said Dioceses, having been sent do^^^l by the Leg- islative Council, obiection was taken at the second reading, that the bill was a priv^ate one, and should have been brought in on a petition ; and 1858 ; Kamouraska Gaol and Court House, 1863 (Aug. Sess.) ; Quebec Recorder's Court, 1864 and 1865. See also May, p. 629. * Common of Lorette Indians, 1864. t Montreal Trinity House, 185Y ; Quebec Harbour, 1858, 1863, and 1867-8 5 Montreal Turnpike Road Trust, 1861 ; Mont- real Port Warden, 1862 and 1863 (Feb. Sess.) ; Montreal Har- bour, 1865. t Northern Railway^ 1859; Intercolonial Railway, 1867-8. See May, p. 662. § Rimouski and Gaspe division, 1865 (Jan. Sess.); Quebec Corporation, 1866. PRIVATE BILL. 11 ;r local orl ills, these] rge of thel on broadi Groverii- lie works! lewise sol S having! ised iijooii ttee have I In 1864, id Incor- land Dio- ids in the ' the Leg- le second one, and ion; and LUg. Sess.) ; lay, p. 629. lOur, 1858, SGI 5 ilont- Qtreal Har- r, 1867-8. 5 Quebec ^e objection being sustained, the bill was not foceeded with * In 186(5, objection was tajcen, ^JJJ^ ^«''' the second reading, to a bill to extend the time payuig the debt of the County of Perth (due the Municipal Loan Fund) that it, though a Irivate bill, affected the public revenue, and tould therefore have originated in committee of ie whole; and the objection was fatal to the (ll.f It has been held that a bill commenced a private bill cannot be to ken up and proceeded [ith as a public bill.| The proceedings observed in the Imperial Par- Difference . • ii n • I ■^•^^ between iment m the passage ot private bills, are neces- imperial ^rily somewhat complicated in their character, dLn^p*rac'- consequence of the numerous checks impos-ed *^°®' ^r the protection of the many interests which |iey may affect or involve ; and the expense at- hiding these proceedings is considerable : but lie different circumstances of this country, as one it newly settled, allowing a freer scope for en- Irprise, with comparatively little risk of infring- tg upon existing rights or privileges, admit (for [time at least) of a much simpler and more inex- ;nsive system of Private Bill legislation. In ex- gaining the system adopted (after various modi- Assembly Journ., 1865 (Aug. Sess.), p. 123. t Assembly Journ., 1866, p. 298. X May, p. 631. I! i 1 1 < 12 \ DEFINITION OF A PRIVATE BILL. Proceed- iW!itioiis) by our Legislature, it is proposed Commons state the various forms and proceedings so far aj cribod first, caii Conveniently be done, in the order in whicli they occur, from the presentation of the petition (in either House) to the final passfige of the bill] It will be convenient for this purpose to begi with the House of Commons, but the course ob] served in either House being now identical (witl the exception of j)roceedings upon Divorce Billsj in the Upper House, which are described in the latter part of this work, and certain matters ofl detail with reference to private bills generally, which are noticed in the proper place), the des- cription will apply equally to bills originating in| the Senate. 4j!-.-;!^v' 18 3.— LEGISLATIVE JUIUSDICTION REaARDINO PRIVATE BILLS. By the x^roA'isioiis of " The British North America Act, 1867," certain classes of Private Bills are placed under the exclusive control of the Parliament of the Dominion, and certain others are transferred to the Provincial Legisla- tures. The classes of subjects which, under this Subjects . 1 T-i under con- arrangement, pertain exclusively to the Farlia- troi of Par- ment of the Dominion, are thus defined by the Act : Sec- 91. — Ferries between a Province and any British or Foreign Country, or between two Pro\'inces. Banking, Incorporation of Banks, and the issue of paper Money. Savings Banks. Patents of Invention and Discovery. Naturalization and Aliens. Marriage and Divorce, — and Such classes of subjects as are expressly excepted 0! Ml li'i I! 14 6nl)jecU under control of Pari la- ment* Subjects andcr con- trol of Pro- Tiucial Legisla- Inreg. LEGI^IiATIVE JURISDICTION. ill the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the Proviiices ; which ex- ceptions are thus deiined, ill Sec. 92, Sub-section 10: a. Lines of Steam or other Ships, Railways. Canals, Telegraphs, and other AVorks and Undertakings «onnecting 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 Piovince and any Briti.sh or Foreign Country : c. Such Works as, although wholly situate within the Province, are befoio or after their execution declared by the Parliament of Canada to be for the general advantage of Canada, or for the advantage of two or more of the Provinces. Those which are placed under the exclusive control of the Provincial Legislatures are thus deiined : Sec. 92, Sub-sec. 10. — Local Works and Under- takings, other than such as form the excep- tions above recited. Sub-sec. Ix. — The incorporation of Companies with Provincial objects. Sub-sec. 16. — Generally all matters of a mere- ly local or private nature in the Province. LEGISLATIVE JURISDICTION. 15 )rsul)jects ly to th(.' vhich ex- Itaihvaysi. 'orks and Proviiico "roviiiccs. ts of the Pjovinci' try: y situate 3 or after arliament advantage )f two or exclusive are thus d Uuder- he excep- ompaiiies )f a mere- Province. It will be observed that the line of distinction lis defined clearly with regard to certain classes c|,i7o'Ji'to*t, lof subjects only. Sub-section 10 empowers the f«rthe gm- 'arliament of Canada to assume the control of tage. [any works wholly situate within one Province, that may be declared by that Body to be for the advantage of the Dominion, or of two or more [Provinces. Two instances of this occurred in the first Session of Parliament, in the case oi the Bill to incorporate the proprietors of the Ottawa st. Law- land Prescott Railway, by the name of " The St. Ottawa Lawrence and Ottawa Railway Company," and ^»'^''*y- [the Bill respecting the Northern Railway of i^oj^her. Canada — in the enactment of each of which l)ills, Ra'^^»y- [Parliament declared, that the Railway therein [referred to was " a work for the general advan- ftaiye of Canada."* The first mentioned bill con- tained a provision empowering the St. Lawrence and Ottawa Railway Company to build, a bridge over the River Ottawa, and to construct a branch to Lake Deschesnes, in the Province of Quebec ; but it was argued, in debate, that this would not in itself justify legislation by the Parliament of Canada, in reference to a Railway situate wholly within one Province, as it might afford a danger- ous precedent to parties desirous of evading the jurisdiction of the Local Legislatures over works * 31 Vic, c. 20, se:. 1, and c. 86, sec. 2. I if. !i! iitlil 16 All Rail- ways inter- secting Grand Trunk sbouM bo under soino control. Worlcs ex- temling be- yond limits of a Pro- vince. LEGISLATIVE JURISDICTION^. ol" a purely local character ; and the course was adoi:)te(l of introducing the clause abo-\ e men- tioned, in order to bring the bill properly vrithin the jurisdiction of the Parliament of the Dominion. These Railways are, thus far, the only ones of a local character that have ])een legislated upon by Parliament ; but a]i imx:)ression would ajipear to prevail, that all llailways intersecting the Grand Trunk should be under the same Parlia- mentary control, to avoid the serious difficulties and inconveniences that might arise (so long as they are subject to a different jurisdiction) from conflicting reguktions in reference to the running of trains, inspec.xv^n of Railway, gauge, and other matters of detail. There is a class of Raihvays and other w^orks included among those placed by section 92 (sub- sec. 10, a), under the exclusive control of the Parliament of the Dominion, that is referred to with some little ambiguity. The section reads " Lines of tStoam or other shij^s. Railways, &:c., connecting the Province with any othc r or others of the Provinces, or extending heyomi the limits of the Province r Pi is clear that the words " extend- ing beyond the limits of the Province" cannot have been intended to apply to works merely connect- ing two adjacent Provinces, because they pre described in the words immediately preceding Nor, on the other hand, can they refer to any LEGISLATIVE JURISDICTION. 17 )urse was >o-\ e men- 'ly v.'ithin dominion, ly ones of ited upon Id ajwear cting the ne rariia- lifficulties io long as ton) from ? running and other on ay jr works 92 (sub- of the ferred to reads rs, &c., r others limits of extend- not have connect- hey f>re Bcedinj, • to any lailway or other work actually extending into a foreign country, because, in the very nature of things, no such power of extension can be con- Terred by Canadian legislation. It would appear therefore that these words mtist have reference to such Railways, Telegraphs, or other works, \s lead directly into a foreign country, such, for example, as the Great "Western Railway, which connects directly with the United States Railway [system, both at the Niagara Falls Suspension iBiidge, and also at Detroit, — the Buffalo and Lake Iliiron Railway, connecting with United States RaiUvays at ButFalo, — the Montreal and Cham- l)lain Railway^ connecting at Rouse's Point with the Vermont Central, &c. Several bills were passed by Parliament, in the works of Session of 186Y-8, relating to works of this class, {e^t^^lud Vi-^. : — To amend the Act for the incori>oration of J" j'^g ilie North-west Navigation and Railway Co. (a Company empowered, among other things, to navigate Lakes Huron and Superior witliin the limits of Canada), — To confirm a By-law passed ])y the Directors of the Lake Memphremagog Navigation Company (whose steamers ply on a lake partly within the territory of the United States^, — To incorporate the Clifton Susj)ension Bridge Co. (international), — and to authorize the carrying of gas j)ii)es across the Ri\er Niagara, in order to facilitate the liiyhtiniy of the Town of 18 LEGISLATIVE JURISDICTION. miniot). !li Clifton with gas (international). As none of these bills contained the "general advantage" clause, it may be assumed that the construction put by Parliament upor the provisions of the Imperial Act in regard to bills of this class agrees with that above suggested. Companies There is another class of bills, concerning bu8ines3° which scrious doubts have arisen in regard to throughout ..-,... -, ., p ,^ ' !• the 1)0' jurisdiction, namely, those lor the incorporation of companies for the transaction of business of any Idnd ikroughout the Dominion. Sub-section 11 (above quoted) assigns to the Provincial Legislatures " the incorporation of companies with Provincial objects." In the first Session of the Parliament of th^ Dominion, several iietitions were presented in reference to the incorporation, &c., of Insurance and other private companies. Upon two of these, praying respectively for the incorporation of the Gore District Mulual Fire Insurance Company, and of the Sorghum Growers' Association of the County of Essex, the Committee on Standing Orders (Commons) reported, in each case, that in their opinion the matter " came more proi)erly within the jurisdic- tion of the Local Legislature of Ontario."* On the other hand, petitions for the incorporation of * 6th and 8th Reports of Committee on Standing Orders (Commons), l^GT-S. LEGISLATIVE JURISDICTION. 19 5 none of ivantage" istruction ns of the ass agrees )ncerning regard to rporation isiness of lb-section Provincial omi^anies i^ssion of petitions poration, mpanies. " for the nal Fire orghum Essex, annions) lion the jurisdic- * On at ion of he Merchants' Express Company of the Domin- ion of Canada, — lor the incorporation of the Cana- dian Lake Underwriters' Association, — and for amending the Acts relating to the Canada "West Farmers' Mutual and Stock Insurance Company, and changing the name to the Canada Fai-mers' Mutual Insurance Company, were reported upon favorably, and bills, introduced upon them, were passed, and became law.* Another petition, for an Act to grant certain powers to the Civil service Building and Savings Society, was re- [)orted on favorably by the Standing Orders Committee of each House, and a bill introduced in the Commons. This bill was subsequently referred to the Committee on Banking and Com- merce, who, after discussing, in commiitee, the jquestion 'of jurisdiction, presented a report to the IIouLe, representing that " doubts had arisen as to whether the objects sought to be obtained by the promoters were not Provincial in their character, and such as the Local Legislatvire is exclusively empowered to deal with,"! and soliciting instruction on the subject. A similar proceeding took j^lace on the part of the Private Bill Committee of the Senate, who presented a g Orders * 31 Vic, chaps. 90, 91 and 93. t 5th Report of Commiitee on Banking and Commerce (Commons), 18G7-8. [l!*| llilli Ml IR'li! i 20 LEGISLATIVE JURISDICTION. report of a like nature in reference to a Bill to incorporate the Intercolonial Insurance Com- inquiry pauy.* A discussiou ensued upon the Report, tion of ju- which resulted in the appointment of a com- nadiction. j^^^^^g^ u ^^ inquire into and report to this House on the classes of Acts for the incorporation of private companies, which properly, under the ' British North America Act, 1867,' come within the jurisdiction of the Parliament of the Domin- ion, and to act on behalf of this House as Mem- bers of any Joint Committee of the Senate and House of Commons, which may be ordered on the subject." f No committee was appointed on the part of the Commons, and no further steps were taken with regard to either of the above mentioned bills. It was urged, on the part of the promoters of these bills, that the companies to which they related were desirous of transacting busmess in different jparts of the Dominion, and were there- fore in need of more extensive and general powers than could be conferred upon them by a Provincial Legislature, and, in short, that they were not jiroi^erly of the class referred to in vSub- section 11 of the Act, as " Companies with Pro- vincial objects." Against this it was argued that Status of Provincial corpor.t- tious. * Rcpoit of Committee on Standuig Orde^^ and Private Bills (Senate), 5th Dec., 1867. t Senate Journal, 12th Dec., 18G7. :i i LEGISLATIVE JURISDICTION. 21 mess 111 fa rroviiicial Charter would suffice to ensure their recognition in every Province whore their jAgencies might be established ; m\d that under [such a charter they could sue and be sued, and transact all business of an ordinary character. [in opposition to this view, a case was cited by the Honorable Mr. Campbell, in the debate in the Senate on the Bill to incorporate the Intercolonial Insuranco Company, having [an immediate bearing upon the question as I to the status in one Province of a company in- [corporated by the Legislature of another Pro- hiiice. The case referred to was an action jbrought, in the Court of King's Bench of Upper Canada, by the Bank of Montreal, in the year 1836 (prior to the Union of Upper and Lower Case of Canada), for the recovery of the amount of cer- Bank ve, [tain promissory notes, the drawers and endorsers iste.""*^* of which resided in Upper Canada. Th 3 Court ruled that "a foreign corporation, such as a [Bank, cannot maintain an action upon promis- sory notes received and discounted by them in the course of banking business in this Pro- vince, although they may maintain an action for money had and received to their use, against the person for whom such notes were dis- counted, and to whom money was advanced upon them."* • Bank of Montreal vs. Bethune, Hilary Term, 6 Wm. 4. (See Robinson & Harrison's Digest, p. 123.) /' ■ 22 LEGISLATIVE JURISDICTION. By this (leci^ion it would appear, that what- ever status a company, owing its existence to a Provincial Charter, may possess beyond the * limits of its own Province, ihere are limitations and restrictions which can only be obviated by special legislation in each Province. Banking Companies are, by the Act, placed under the exclusive control of the Parliament of the Domin- ion, and it may be found advisable, with a view of meeting the difficulty, that all commercial companies doing business of such a nature as to require the establishment of agencies in the difterent Provinces of the Dominion, should be placed under the same jurisdiction. Angell & Ames, in their " Treatise on the Law of Private Corporations aggregate," (6th edition, Sufunited Boston, 1858,) shcw (in treating on the powers of foreign corporations, s. 372), that " a company, claiming to be incorporated, has only to shew that it has been regularly and effectually made a corporate body, to enable it to sustain a suit beyond the jurisdiction within which it is consti- tuted." They cite the case of the Dutch "West India Company, — that of the National Bank of St. Charles, in Spain, and other analogous cases, in which it was decided by the English Courts, that a foreign corporation may maintain a suit in England by their corporate name. In the United States also, it is shewn (s. 373), that the power of Foreign corpora- tions in States. a coil I not ij lofthl jmay| ling liiii /' lat what- once to a rond the imitations viated bv Banking nder the le Domin- th a view mmorcial ture as to s in the ihould be the Law edition, powers omj)any, to shew^ J made a a suit is consti- 3h West Bank of us cases, Courts, a suit in United )ower of LEGISLATIVE JURISDICTION. a corporation to sue, in the respective States, is I not restricted to companies created by t^ie laws of the State in which the suit is instituted, but I may be exercised by foreign corporations, belong- |ing either to another State of the Confederacy, or to a foreign country. It is, however, admitted that this i)ower is exercised rather upon suffer- ance than of right, as " the Legishiture vmdoubt- edly has power to prohibit foreign corporations (/. e., those not created by the laws of the State) from contracting in the State ; but until it does so, contracts so made will be enforced." (s. 374.) But instances are given in which the i^ow^ers of foreign corporations were restricted by the Courts without such Legislative intervention. In Ohio, ^^^^ ^^ the Court ru^ed (in re Bank of Marietta vs. Pin- Marietta in Ohio. dalf), that " though, as a general rule, a corpora- tion created by the laws of one State might sue in another, it would not he jtermitied to a Bank in Ohio to establish an agency in Virginia for dis- counting notes, or for carrying on any other banking operations ; nor could they sustain an action on any note thus acquired by them," though they admitted " there was nothing in the policy of the laws of Virginia which restrained its citizens from borrowing money from a Bank in Ohio," &c. It w^as also held, by the Suprem'e Decision of Court of the State of New York, " that a foreign Supreme ' => Court of corporation, keeping an office in that State, for New York. ig r 24 LI.GISLATIVE JURISDICTION. receiving" deposits and discounting notes, without Borne being expressly authorized by the laws of that State to do so, cannot maintain an action for the money loaned." These, it is true, are but rare and exceptional cases, yet they (with that relating to the Montreal Bank, before referred to), serve to shew that the X^owers of a corporation, beyond the territorial jurisdiction of the legislature creating it, are, in fact, exercised by permission rather than right, and are therefore svibject to restriction or curtail- Diffcrence meut at any time. In considerins* what may be between "' . . . '^ . -^ . Constitu- the true iwsition of corporations created in this Canada couutry uudcr Provincial authority, it is well to s°ate?°^^** bear in mind the very important difference that exists between the Constitution of the Dominion of Canada and that of the United States in regard to " State rights :" while, in the latter, the sove- reignty of each State, in all matters of internal policy, is distinctly recognized and admitted, and all rights not expressly assigned by the constitu- tion to the Federal Ciovernment are exercised by the Sovereign State, — under the constitution of Canada, the Sovereignty is expressly vested in the Grovernment and Parliament of the Domin- ion, who have exclusive control over all matters not assigned exclusively to the Legislatures of the Provinces (British North America Act, sec. 91, class 29). This can hardly fail to have ■m m. LEGISLATIVE JURISDICTION. 25 s, without vs of that yn for the cceptional 1 Montreal r that the territorial it, are, in laii right, or cnrtail- at may be 3d in this is well to ence that Dominion in regard the sove- internal itted, and constitu- exercised istitution vested in e Domin- 1 matters atures of Act, sec. to have lome effect upon the datiis of Corporations hold- [ng Provincial Charters, in any transactions they Lay have beyond the limits of their own Pro- rince. The Legisinture of Ontario, at their first K'ssion, in incorporating the lloyal Canadian Royal insurance Company, expressly restricted their ing"*n co, Operations to risks " within the Provmce of (<^"tano)- Ontario." Insurance business, like that of Banks, not confined to a particular locality, but is lecessarily si:>read over the country, and the irf^er companies would probably desire to extend inaurance ° 1 PI CoinpaniM. leu' operations over the greater part of the 'ominion, and even beyond it (as regards Marine Insurance) ; it is therefore of importance them that their corporate powers should pro- sed from the highest legislative authority in the [iand. A Bill respecting Insurance Companies,* passed in the first Session of the Parliament of J,\inada, requires all such companies to obtain a Lcence from the Minister of Finance, and to Lvest a large proportion of their paid-up capital Dominion Stock, and contains other provisions ►r securmg the proper management of the • At one stage of this bill an objection was made, that it I'ftS beyond the jurisdiction of the House, which was over-ruled Mr. Speaker; at another stage, a motion "that the regula- lon of Insurance Companies is a subject properly within the xriadiction of the Provincial Legislatures," was proposed and kegatived. Com. Journal, 1867-8, pp. 161, 426. 3 .^K. 26 Boarda of Trade. LEGISLATIVE JURISDICTION. companies. This attbrds an additional reason why it is desirable that Insurance Companies should be created by the same authority that exercises over them such stringent control. In the first Session of the Legislature of Ontario, an Act was passed to incorporate the Guelph Board of Trade. In the first Session of the Par- liament of the Dominion, a bill was introduced to incorporate the Stratford Board of Trade ; the bill was referred to the Committee on Banking and Commerce, and the question of jurisdiction being raised in committee, the committee came to the conclusion that thoucrh the Board to be created was a local Board, the terms of the 91st section of the " British America Act," in placing "the Regulation of Trade and Commerce" under the control of Parliament, justified the action of this Legislature in the matter. In examining the details of the bill, however, it was found to con- tain provisions for the establishment of a Court of Arbitration in commercial matters ; and as "the constitutio :i, maintenance, and organization of Provincial Courts, both of civil and criminal jurisdiction," are, by the 92nd section of the said Act assigned exclusively to the Provincial Legis- latures, the committee expunged from the bill so much as related to a Court of Arbitration, and it was passed in the amended form. It is much to be desired thai stej^s should be aken he q\ >f the nsull mpei As ippoi nterr luly jonsi( nd s dmer odet m ad ng t [mpe An been dou e dv norit cedei] Nott to th looke Parli: with Legii publ: LEGISLATIVE JURISDICTION. 27 tial reason ■g^jjgj^ witliout delay to determine more accurately Settlement "i • ■ of quos- ^ompauit.'s Ij^Q question of jurisdiction, either by the action tions of Lority that l^f i}^q Canadian Parliament, or, if that be deemed Uon. '^ itrol. insullicient, by invoking the interposition of the of Ontario, ■mperial Parliament, to pass an explanatory Act. le Cruelphl ^g a preliminary step, it might be advisable to )i the Parlppoiiit a committee (upon which the various ntroduced Interests, Provincial and Dominional, should be irade ; theWuly represented), for the purpose of carefully I -banking Jjonsidering the whole question of jurisdiction, Lirisdictioii fciid suggesting such amendments to the British ittee came w^merica Act as may be found desirable, in order >ard to be Mq determine doubtful points. Upon their report, )1 the 91st ftji address to the Crown could be A'^oted, solicit- in placing Bng the passage of an explanatory Act by the mperial Parliament. Another mode of meeting the difficulty has been suggested, viz. : that each bill upon which a doubt as to jurisdiction might be raised, should e discussed, and the point decided ui^on its own merits ; and that in this manner a series of pre- cedents would be established for future guidance. JSot to mention other objections that might exist to this course, there is one that cannot be over- looked, viz., that the legislation of the Dominion Parliament cannot legally over-ride or interfere with the rights and privileges of the Provincial Legislatures, save in certain exceptional matters, as public works, and education ; such powers as are •ce" under J action of I nining the nd to con- )f a Court s; and as ganization i criminal ►f the said Dial Legis- Q the bill ation, and should b( 28 LEOlSLATn^ .lURISDICTlON. vested in the Local Legislature being (with those exceptions) exrlimvehj assigned to them, any proceeding or decision of Parliament upon a matter in any way exceeding its jurisdiction, instead of forming a precedent, will, in all i>roha- bility, lead to the interposition of the Courts, and perhaps involve endless litigation. It is there- fore of the utmost importance, that any attempt that may be made to deal with the question oi jurisdiction, should be undertaken with duo caution and deliberation. 20 4.— rARLIAMENTARY AGENTS. Ill the Imperial Parliament, every private bill r petition must be solicited by a Parliair.entary Pariia- Lgent, who conducts the bill through its various Agents^ tnges, and is personally responsible to the House ""pfoyed lid to the Speaker for the observance of the pJ^jSent ules, orders, and practice of Parliament, and for lie payment of all fees and charges : and no pro- eeding upon any petition or bill can take place, iiitil an appearance to act as the Parliamentary gent upon the same shall have been entered in le Private Bill Office.* This practice of em- ploying Parliamentary Agents has been but re- ently introduced in Canada, and it has not Not obu- hitherto been made obligatory, though the in- Canada*." crease of business may possibly render it desirable to adopt some such course, in order that mem- bers may be relieved from a duty that is often inconvenient and embarras.*^' ng, and frequently involves a sacrifice of tiuK and trouble, which should not in fairness be expected of them. * May, p. 655. "30 PARLIAMENTARY AGENTS. In the revised code of Rules prepared by the late Sir Henry Smith (then Speaker), and adopt- ed by the Assembly of 1860, provision wa? made for tlio recognition of Parliamentary Agents, qualifying, who had up to that time acted in a private and irresj^onsible capacity. No person is now per- mitted to Act as Parliamentary Agent, without the express sanction and authority of the Speaker.* This having been obtained, he is required to sign a declaration before the Chief Clerk of the Private Bill Office, engaging to observe and obey all the Eules of the House, and to pay all fees and charges, when demanded, and further, to enter into a recognizance in $2,000 (if required at any future time by the Speaker) conditioned to observe such declaration. His name is then registered in a book, and he is entitled to act as a Parliamentary Agent, but is liable to an abso- lute or temporary prohibition to practise (at the pleasure of the Speaker), for any wilful violation of the Rules and practice of Parliament, or of any rules prescribed by the Speaker. Membersf Dl^qualifi cations. mg * 73rd and 74th Rules, Commons. t The House of Commons of Great Britain, by a Resolution of the 26th February, 1830, declared, nem. con., *' That it is contrary to the law and usage of Parliament that any Member of this House should be permitted to engage, either by himself or any partner, in the management of private blls before this or the PARLIAMENTARY AGENTS. 81 L by the d adopt- as made Agents, rate and ow per- hout the peaker.* uired to k of the lid obey ' ail fees rther, to juired at ioned to is then to act as an abso- (at the iolation >r of any mbersf Resolution That it is tlember of iinself or his or the and Officers of the House* are alike disqalified for Parliamentary Agency. The name and place of residence of the ParUa- ftegisi/a- ^ ^ ^ tion of mentary Agent soHciting a biUare entered in the Agents. Private Bill Register, in which are also recorded all the proceedings, from the petition to the pass- ing of the bill. This book is op3n to jmblic in- spection.! The Rules relating lo Parliamentary Agents belong only to tLe House of Commons, no regu- lations having been adopted by the Senate on this subject. It is usual for the Member who presents the Members petition to take charge of the bill through its dif- ferent stages. I other House of Parliament, for a pecuniary reward." Commons Journ. (G. B.), 1830, p. 107. One of the Sessional Orders of the Canadian House of Com- mons also declaies " that the offer of any money or other advan- tage to any Member of the House of Commons, for the promot- ing of any matter whatsoever, depending or to be trar.sacted in the Parliumtnt of the Dominion of Canada, is a Ligh crime and misdemeanor, and tends to the subversion of the Conatiiution. Commons Journ., 1867~S, p. 6. * In the Imperial Parliament, in compliance with the recom- mendation of a Select Committee on the House of Commons Offices in 1835, no officer or clerk belonging to the establish- ment is allowed to transact private business before the House, for his emolument or advantage, either directly or indirectly. May, p. 656. t 71st Rule. X Sherwood on 1 rivate Bills^ p. 29 "■'/"'('H'V>7-' ■■'.'■'■'■ '^^■' 82 jl 1 5.— rETITIONS FOE PRIVATE BILLS. Every Pri- Evcry private bill is based on a petition,* based on a whicb sbould state, in general terms, the objects petition. ^^ privileges sought to be obtained by the parties soliciting the bill, and be signed by the parties themselves (the signatures of agents r j ^lalf of others being inadmissable, except in case of inca- pacity by sickness) ; and at least one signature should be on the same sheet on which the peti- tion is written.! The petition is presented by a "°7ed." Member in his place. | Petitions should bc^ pre- pared in triplicate, one copy being pres* nted in each Houie by a Member, and a third addressed to the Governor General in Council, through the Secretary of State. (A form of petition to ea' 1 branch of the Legislature will be found in i * 56tli Rule. Bills relating to local improvements are oc, casionally brought iu, in the Imperial Parliament, by order, without a petition, but are subsequently dealt with as private bills, as regards proof of compliance with standing oriers, &c. May, p. 661. t May, p. 509. t 85th Kule, Commons. llii PETITIONS. SS .LS. iition,* objects parties parties xalfof of inca- ^nature e peti- d by a >3 pre- ited in ressed gh the o ea' ' in T are oc. >y order, private ers, &CC. Appendix. No. III.) In 1859 a Bill to incorpo- P^'^s which * ^ ' had not rate the Cluelph and AYellington Koads Company, been based was sent down by the Legislative Council, and tion. was subsecjuently referred to the Committee on Private Bills, who finding that it was not found- ed on a petition, reported that the i^reamble was not proved. In 1862, a Bill to separate the town- shijp of Broughtoi- from the County of Megantic, and to annex it to the County of Beauce, which had been introduced as a public bill (under a public title), was referred to the committee, who reported that it was not based on a petition, and could not therefore be treated as a private bill ; and no further jiroceeding was taken on the bill by the House. The petition must be presented within the Time of first three weeks of the Session.* It was former- [j^oT"**' ly the custom to extend this time, by Resolution, to a very late period of the Session, but the in- jurious tendency of such an extension has become so evident, from the necessity it frequently in- volves of dispensing with those formalities which are so necessary for the protection of private rights, that of late years there has been evinced an increasing unwillingness to extend the period. "While in 1858, it was extended to 85 days from the commencement of the Session ; in 1859 rnd 49th Rule. li M 34 After expi ration of time. PETITIONS. 1860, it was extended to G3, and in 1861 to 36 days only; the latter being* but 15 days beyond the time fixed by the Rule. In 1867-8, an ad- jonrnirentfrom December to March having been determined upon, the time for receiving x^etitions was extended to three weeks after the re-assem- bling of Parliament, and subsequently to the end of the then current month. When the time has actually expired, parties are at hberty to present a petition, asking leave to introduce their petition for a private bill not- withstanding such expiry, and explaining the circumstances under which they have been pre- vented from complying with the orders of the House.* It is competent then to the House, either to grant the requisite permission upon motion,! or, in accordance with the practice in the Imperial Parliament,^ to refer the matter to the Standing Orders Committee, and take action upon their report. In 1866, the House extended the time in favor of a particular application only.§ ■ i * Niagara Harbour and Dock Co., 1851; Randall Estate, 1852-3 5 Brockville and Ottawa Railway, 1863 (Feh.Scss.); Ottawa and French River communication, 1863 (Aug. Sess.) See also Sherwood on Private Bills, pp, 10, 23. t Assembly Journ., 1832-3, p. 347; 1863 (Feb. Sess.), pp. 320, 326. t May, p. 669. § Cobourg nnd Peterboro' Railway, 1866. 35 6.— PROOP OF NOTICES, iJEFORE COMMITTEE ON STANDING ORDERS. All petitions for private bills, when received by Examina- tion of the House, are taken into consideration (without petitions special reference) by the Committee on Standing Jl^Verence. Orders, whose duty it is to ascertain whether the Rule of the House in regard to the x)ublication of notice has been complied with in each case, and to report to the House the result of their in- quiries ; together with any recommendation that may appear to them desirable in cases where the notice may prove in any respect informal or in- sufficient.* The committee has no power to in- quire into the merits of any such petition, this being a duty which pertains to the Private Bill Committee in considering the preamble of the bUl.t All private bills from the Senate (not beinc- Private , , . . ^ * BUl3 from based on a petition already so reported on) are Senate ex- amined. • 53rd Rule. t Alpheua Todd's Report on Private Bills, 1847. \ m PROOF OF NOTICES. ! i ^llil taken into consideration and reported upon by the committee after the first reading * In 1862, the Legislative Assembly (in pursu- ance of a recommendation of the Standing Orders Committee in their 10th Report) appointed the Examiner Chief Clerk of the Private Bill Office their " Ex- for Stand - ing Orders, amiucr for Standing Orders," assigning to him the duty of examining into the facts with regard to the notice given on each petition, and report- ing the same for the infcrmation of the Committee on Standing Orders ; and the practice is contm- ued under the new arrangements since Confed- eration. The committee are then enabled, upon the evidence reported to them, to decide upon each case. This corresponds with the course taken in the Imi^erial Parliament ;f it has been adopted, as yet, only by the Lower House, and is a step towards the assimilation of our Canadian practice to that of the two Houses of the Imperial Parliament for the joint proof of their Standing Orders.J * 54th Rule. Toronto Boys' Home, 1861 ; Huron College, 1863 (Fib. Sess.) ; London and Canadian Loan and Agency Co., 1863 (Aug. S3S3.) ; Niagara District Bank, 1867-8. t Bristowe, pp. 10, 77. t In 1854: the Lord3 adopted a most convenient arrangement which dispensed with a double proof of the Orders common to both Houses ; they resolved on the appointment of examiners for Standing Orders for their Lordships' House, and appointed the PROOF OF NOTICES. 37 Ali questions arising- in the committee are de- froceed- oided by a majority of voices ; the chairman committee? voting only when there is an eqn ' Ity of voices. In committees on private bills, the chairman votes as a member, and has also a second or castiui*- vote when the votes are equal ; but this power is specially conferred by a Standing Order of the House ;* such is also the case in Election Com- i*:"ttees, as regulated by statute ; but as regards other committees, in the absence of any special power, it is contrary to the practice of Parlia- ment, f The Standing' Orders Committee usually ap- sitting of [point certain days for sitting, in the Private Bill ''°™™*"^®* Office, when such petitions for private bills as [have been received by the House, are laid before [them. In cases where there is any doubt as to ame geatlemea who held the office of ExamL ers of petitions in House of Commoas, who were thus enabled to take the evi- dence on the part of both Houses simultaneously : and in cases [where any of the Orders have not been complied with, the Stand- ng Orders Committee in each House determines, upon the facts eported by them, whether the same ought or ought not to be ispensed with. "Of all the improvements," says May, " con- ected with Private Bill legislation, none have been so signal as hose in which both Houses have concurred for the assimilation ^_nd joint proof of their standing C"der.?." May, pp. Qi6, 646. * 63rd Rule, t May, p. 385. 4 M 38 PROOF OF NOTICES. the sufficiency of the notice, the promoter* of a petition appear before the committee, to produce such evidence as they may desire to ofler. Notices re- While the requirements of the standing orders EDgiand, of the Lords and Commons, reiathig* to private bills, involve notices in various forms, and the dei:>ositing of plans, estimates, and other docu- ments in some cases,* those of our Canadian Legislature (see Appendix I.) embrace (in all but Divorce cases) but one i'orm of notice, viz., by ad- In Canada, vertisemcut inserted in the Canada (gazette, and also in some newspaper published in any locality that may be affected by the proposed scheme, clearly and distinctly specifying the nature and object of the application ; if the matter relate specially to the Province of Quebec, it must be published both in English and French. This notice must be continued, not less than once a week, for a period of two months, during the in- terval of time between the close of the preceding Session and the consideration of the petition by the committee. In the case of a proposal to erect * They are arranged in the following order: — 1. Notices byl advertisement. 2. N<^ticea and applications to owners, lessees,! and occupiers of lands and houses. 3- Documents required tc| be deposited, and the times and places of deposit. 4. Form irl which plans, books vif reference, sections and cross sections shal' be prepared. 5. Estimates and deposit of money and declara tions in certain cases. May, p. 644. PKOOF OF NOTICES. 89 a toll bridge, the notice must state the rates of toll to be demanded, the extent of the exclusive privilege, the height of the arches, the interval between the abutments of piers for the passage of rafts and vessels, and, when it is intended to construct a draw-bridge, the dimensions of the same* When the application is for a Bill of Divorce, in Divorce the notice is required by the Standing Orders of the Senate (see Appendix 11.) to be published during six months in the Canada Gazette, and in two newspapers published in the District (in Quebec), or County or Union of Counties (in the other Provinces), where the applicant resides.f A copy of such notice in writing must also be served on the person from whom such 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 the same), must be adduced before the Senate on the reading of the petition.l An exemplification of all pro- ceedings that may have been had in any Court of Law, duly certified, must be presented at the same time.§ And in all cases where damages have been awarded to the applicant, proof on • 51st and 52nd Rules, t 73rd Rule, Senate. t 74th Rule, Senate. § 75th Rule, Senate. (!' I 40 rilOOF OF NOTICES. Certain applica- tions ex oath must be adduced that such damages have been levied and retained, or such explanation afforded for the nej^lect or inability to levy the same under a writ of execution, as may appear sufficient excuse for such omission.* The various notices required by the Kules of the two Houses having been thus referred to, it empt from ghould be mentioned that they do not apply to all applications for private bills, indiscriminately, but to such only as involve the granting of ex- clusive rights or privileges, or a possible inter- ference with the rights or interests of other parties.! Thus petitions for the incorporation of religious, benevolent, social, literary, or educa- tional institutions or associations,! for the na- turalization of aliens, § for some individual or personal advantage not of an exclusive charac- II * Y6th Rule, Senate. t 5l3t Rule (both Houses). t Toronto House of Industry, 1852-3 ; St. Mary's College, 1852-3} German Evangelical Church incorporation, 1854-5; Canadian Order of Odd Fellows, 1856 ; Woodstock Literary In- stitute, 1857; Montreal St. Andrew's Society, 1858; Toronto Horticultural Society, 1860 ; Montreal Skating Club, 1861 ; To- ronto Savings Bank, 1861; Montreal Natural History Society, 1862; Toronto Club, 1863; Humane Society of B.N.Am., 1864; St. Catharines Hospital, 1865; London Board of Trade, | 1866. § Chaffee's naturalization, 1857 ; Steckel's naturalization, 1857. In the case of De Stoecklia's naturalization (1860), and ter,* been from appli whei the r Te comri whic ving or th right tend they requ prov: tec til Roger was re Gazet • M tawaS t W of tim (reduc road ( Cartie Trade t I amenc Bank PROOF OF NOTICES. n ges have planation levy the ly appear Kules of •red to, it apply to minately, iig of ex- ble iuter- of other rporation or educa- r the na- ddual or e charac- y'a College, )n, 1854-5 ; Literary In- 18 } Toronto b, 1861 ; To- iory Society, B. N. Am., rd of Trade, ituralization, (1860), and ter,* or for objects of a like nature, have usually been reported upon by the committee as exempt from the necessity of such notice ; as have also applications for amendment of existing charters, when such amendment does not interfere witli the rights of shareholders or others.f Petitions have occasionally come before the provision committee, seeking certain powers or privileges, l^^^l' *° which, though not " exclusive" or directly in vol- "*°*J*^ ving (in the words of the 51st Rule) " any matter or thing which in its operation would affect the rights or property of other parties," might yet tend incidentally to affect the same. In such cases they have generally reported that notice was not required (vmder the terms of the E-ule), but that provision should be made in the Bill for duly pro- tecting all existing rights, &c. ; X it then becomes Rogers' do. (1866), a suspension of the Rule relative to notice was recommended ; and in those of Sanford and Rogers (1802) a Gazette notice was reported as sufficient. * Mercer's relief, 1859; Foe's change of name, 1862; Ot- tawa Sisters of Charity (power to mortgage their property), 1863. t Montreal Cemetery Co., 1852-3; Niagara Bank (extension of time for paying up stock), 1857 ; Eastern Townships Bank (reduction of capital), 1858 ; Port Whitby & Lake Huron Rail- iroad Co. (do.), 1859; Toronto Cotton Mills Co., 1862; Jacques Cartier Bank, 1863; Merchants' Bank, 1864; Hamilton Board of Trade, 1866 ; London do., 1867-8. t Piatt Estate, 1858 ; Montreal and Champlain Railroad amendment, 1860 ; Guelph debt consolidation, IBGO ; Montreal Bank amendment, 1861, &c. 42 PROOF OF NOTICES. Evidenco of publi- city, when !!! i!i! the duty of the Committee on Private Bills (or other committee of a like character), when the bill comes before them, to see that it contains such a provision, before they report it to the House.* In the fullllmeiit of their duty of examining into the notices g-iyen by the i^romoters of private bills in compliance with the 51st and o2nd Uules, no notice is the Committee on Standing Orders have ffener- giren. . ally been guided rather by the spirit than the letter of the requirement. In every case where the formal notice proves to have been insufficient, or to have been omitted altogether, they have admitted evidence to shew that all j)arties whose interests may be affected by the matter in ques- tion, have been fully inforuK ^ of the intention to apply to Parliament. In ad ing the propriety of such a distinction in the interpretation of the Rules, it must nevertheless be remembered that parties at a distance who may be aware of an exist- ing informality, may be led to suppose that it will be fatal to the measure, and may therefore neg- lect to take any steps to oppose it, relying upon the House to carry out its own Standing Orders. This has, in fact, been the case m several instances, and a knowledge of it generally acts upon the committee in exercising their judgment as to the admissability of evidence of this kind. When the committee have become satisfied in this manner 64th Rule. PROOF OF NOTICES. 48 Icoucerninn: a notice thus technically dofoctive or inforai»i- I '^ •' ily waived, linformal, they have in some instances taken npon in ceruin themselves to waive the informality, and to rc- p'^rt the notice as sufTicient. Thus, publication of the proceedings at a pu))lic meeting called to [consider a certain question, or some other i^ublic notice,* discussions in reference thereto in a City Council, reported in the local papers,! or service of notice on the shareholders of a company in- dividually, or evidence of the knowledge or con-, sent of parties aHected,| have been held to be a suflicient substitute for the notice required by the Kulo. They have dispensed with the local notice in a matter affecting a remote and unsettled part of the country,^ also in the incorporation of Insurance Companies, || or Bank.*;,^ and in other • Three Rivera Diocese Church Rate, 1852-3 ; Jolietto in- corporation, 1853 J Bruce County Town, 1864. t Montreal Corporation amendment, 185Gj Montreal City Passenger Railway, 1861 ; Toronto incorporation amendment, 1862; Quebec Corporation, 1864. X Hamilton Hotel Co., 1856; Upper Canada Bank, 1862; Brockville & Ottawa Railway, 1863 ; Woodstock Literary In- stitute, 1864; Ottawa & Preacott Railway, 1865; McDougall Estate, 1865 ; Bruce By-law, 1866 ; St. Lawrence Tow Boat Co., 1866; Merchants' Bank, 1867-8. § Huron Copper Bay Co., 1849; Sault St. Marie C"nal, 1852-3. II British America Fire and Life Assurance Co., 1852-3, &c. 1[ Royal Bank of Canada, 1861, Ac. 44 PROOF OF NOTICES. !ii !li matters not affecting any particular locality.* They have also dispensed with notice in the Official Gazette in applications of a purely local nature, t and with the French local notice in a ' matter relating to the Eastern Townships of Lower Canada,t and the English local notice in one affectmg a poi^ulation of French origin. § Suspension The above cases must however be considered rekUve to ^s altogether exceptional ; while the committee may, in their discretion, interpret the Rules in the most liberal sense, they have no power to dispense with the formalities required by the House. "VYhen, after due examination, they con- sider it desirable to relax these formalities in any particular case, they report the facts to the House, and recommend a suspension of the Rule. The principal grounds upon which a suspension has been recommended may be thus stated : — Evi- dence of consent of parties interested, || — That notice. ir • In companies of this nature, whose business is general rather than local, it is customary, when an amendment of their Charter is asked, to publish a local notice (in addition to that in the Official Gazette) in a newi?t>aper circulating at the seat of their chief place of business. t Iroquois School Section, 1858; Moulton Division, 1859; Cobourg Manufacturing Co., 18o9; Burford Survey, 1860 ; Fitz- roy Survey, 1863 ; Becancour Bridge, 1863 ; Fabriques Mutual Assurance, 1865. t Iberville, Brome, Shefford, and Missisquoi Road, 1857. § Juliette Mining Co., 1857; Tring Municipality, 1863. II Gait Estate, 1860 ; La Banque du People stock increase, all suffil the gen( a 11 b Ith U T befo locality.* in the ■^ly local •tice in a ships of notice in usidered >inniittee Kules in )ower to by the hey con- s in any 3 House, [e. The sion has I :— Evi- I —That s general it of their to that in ie seat of ^, 1859 PROOF OF NOTICED. ill parties have signed the petition,* — or are [sufficiently apprized of the application,! — That (the petition (in matters of a local nature) is very Igenerally signed,t — That no private rights will [be interfered with,§ — Proceedings in reference th'^reto at a public meeting, || or in City Councils,^ I — That the notice w^ill have fully matured before any action can be taken on the bill by the 1861; Beauhariiois Presbyterian Cong., 1861; Grand Trucrk Railway, 18G2 ; Bumble's relief, 1863; St. Thomas Debentures, 1864; McCallum's relief, 1865; Bar of L. Canada, 1866. • Benson Estate, 1857 ; Cobourg Harbour Debentures, 1858 ; N. Halifax boundary line, U59; McKay's will, 1861 ; Kingston Marine iliilway, 1863; Iberville • Academy, 1864; York Roads, 1865; Aylmer Parish, 1866. t London and Port Stanley Railway (sale of land), 1858; Rouville division, 1859 ; Cobourg and Peterboro' Railway, 1862 ; Saguenay Municipality, 1863; Montreal Corporation, 1865. t Mitchell incorporation, 1857 ; Charlevoix Registry Otfice, 1853 ; Vcspra and Sunnidale separation, 1859 ; Waterloo regis- tration division, 1862; King Township Treasurer, 1863; Ya- maska Bridge, 1864. § Woodstock Woollen and Cotton Manufacturing Co., 1860; Northern Railway amendment, 1860 ; South Eastern Mining Co., 1861 ; Huguenin's admission as notary, 1861 ; Crevier's relief, 1863; Knowlton Cemetery, 1865 ; Canadian Rubber Co., 1866 ; Clifton Gps Works, 1807-8. II Napanee incorporation, i857; C?.yuga Market block, 1863; Port Hope By-law, 1365; Church of England Synod, 1866. IT Montreal incorporation aineudment, 1854-5; Quebec Police, 1857; Toronto Street Railway, 1861; Hamilton Debt, 1863. 45. I I iill ! - 46 ' PKOOF OF NOTICES. Private Bill Committee,* — That the measure is one of great urgency,! or of great public utility! or importance,! — That the notices were given for the previous Session, which was closed pre- maturely,§ — That Bank Charters have not here-] tofore been treated as private bills in New Brunswick, II — ajid even, in one or two instances,' on the ground that a petition had been presented against the proposed bill, which appears to have been considered as evidence that its opj)onents were svifficiently informed of the application. In recommending a su.spension of the Rule, however, when no sufficient notice has been given, the committee have suggested that certain matters of detail, which they considered to require notice, should not be included in the bill.t Up to the year 1856, it was occasionally the in ' * Durham separation, 1860; Petroleum Springs Road Co., IHGl ; St. Hyacinthe corporation, 1863 ; Lincoln County town, 186G. t Hamilton debt consolidation, 1861 ; Oxford Seed Grain, 1863; Napanee Municipality, 1865. X Transmundane Telegraph Co., 1859 ; St. Lawrence Navi- gation Co., 1861 ; North West Navigation and Railway Co., 1862. § Dereham Drainage, 1863; Niagara &, Detroit Railway, 1865. II Fredericton Bank, 1867-8. IT Stanstead, Shefford & Chambly Railway, 1863. =# PROOF OF NOTICES. 47 practice for the House to suspend, in a particular [case, the Kulc relative to Notice, vpou a motion ^^^'"S" [to that effect, without any previous action on the ^^^""*"^_ hiart of the Standing Orders Committee ; but in ed. that year the committee made a report, repre- senting that the practice of indiscriminately dis- pensing with these notices must have a most injurious tendency, and suggesting that in future no motion for susi:)ending the Kule in any special case be passed, until the matter in question should have been favorably reported on by the com- mittee ; this being acceded to by the House, was acted upon for the remainder of that Session. A similar recommendation made in the following year, was modified by the House so as to provide that no motion for suspending the Rule in favor of any petition be entertained, until the com- mittee shall have reported on the subject, favor- ably or otherwise ; and this is now provided for in the 55th Rule. When, in any case, the notice, upon examina- insufficimt tion, proves to be insufficient, it is so reported to be report- the House, and (unless accomj^anied by a recom- * " mendation to suspend the Rule) all further action in the matter is dropped ; the decision of the committee being rarely oven aled by the House.* One case is recorded in the Journals of the • May, p. 6.33. ■tOOi I: !ii ! I lil II ill I i It' 111 iliiH 48 "Notice must bo specific ■ and clear. Gait and Guelph Railway. PROOF OF NOTICES. Assembly, in which the committee having reported the notice incomplete, recommended that it be not dispensed with. The House never- theless suspended the Rule, and referred the petition back to the committee, who subsequently reported favorably, and a bill was mtroduced.* In judging" as to the sufficiency of a notice submitted for their examination, the committee compare its terms with those of the petition, and any important variance or omission in the T >rmer is fatal either to the whole measure, or to a parti- cular provision therein, as the case may be. In some instances the notice (though published in the prescribed manner in other respects) has been unfavorably reported on because it did not sufficiently indicate the objects sought to be attained, f This was the case with a petition for an amendment to the Act incorporating the Gralt and Gruelph Railway Company in 1858 ; on examining the petition, the amendment was found to embrace a provision for giving the holders of certam bonds issued by the company before mortgaging their road to the Great Western Railway Company, a remedy against the last mentioned company, and this not having been mentioned in the notice, it was pronounced * Huntingdon Plank Road Co., 1846. t St. Lambert Municipality, 1861. having iimended ise nerer- rred the sequcntly 'oduced.* a notice ommittee 5 tion, and le ^'rmer o a parti- f be. In lished in icts) has t did not it to be petition iting the L858; on 3nt was ing th<^ company e Great against t having lounced PROOF OF NOTICES. 49 ins^friTiciont.* In another instance,! upon an api)lication for amendments to th(. Act dividing JJ^y'^g^*'" Chatham into two municipalities, the notice simply referred to the Act, as 19 & 20 Vic, cap, 105, without mentioning the subject, and this was pronounced insufficient. In the same Ses- sioji, the committee called the attention of the House (in one of their reports) to the utter insuf- ficiency of a notice given in this form, and recom- mended '• that in future, no notice be considered sufficient that does not clearly indicate the nature and subject of the application." % This recom- mendation has been acted upon by the committee ever since ; and in 1862 the (51st) Hule Avas so amended as to require every notice to be of this character. If the notice be found too general in its terms, Petitioners or if no mention be made of certain matters within the included in the petition which require a specific tho^^oUce. notice, the facts are 'specially reported, and the promoters restricted, in the details of the bill, * la a sub3e:iuent report, five weeks later, the conimit*ee stated that the noiice had since been amended, and advertised in its amended form for three weeks ; and they recommended that the Rule be suspended : this was done accordingly, and a bill presented, bat it was not proceeded with. t Chatham division, I860. Also, Murray gravel roads, 1862 ; Colborne gravel roads, 1862. X Assembly Journ., I860, p. 126. 5 50 mOOF OF NOTICES. liii^ ii;! w m I'li I III i Peel Manu- facturing Co. Exception, within the terms of the notice ;* or if the matters so omitted are allowed to be inserted in the bill, due provision is made therein for the protection of all parties whose rights might be affected by the want of a specific notice. f If the notice has been given in one County or District only, the operations of the j)etitioners are confined to that locality. I In 1865, in reporting on the petition of the Peel Greneral Manufacturing Company, for cer- tain amendments to their charter, the committee stated that the notice was sufficient for ordinary amendments, but called the attention of the House to one of a peculiar nature, under which shareholders in the company might claim a relaxation of the Patent Laws in favor of their own iuA^entions, when intended to be used in connection with the company. The promoters did not i)roceed with the bill. In 1866, the County Council of Wellington, * Port Hope Harbour, 1854-5 j Vaudreuil Railway, 1854-5 ; St. Lawrence and Bay Chaleurs Land Co., 1857 ; Brockville and Ottawa Railway, 1860; Onslow Survey, 1862; Preston and Berlin Railway, 1862; Joliette incorporation, 1863; Eastern Townships Bank, 1864 ; DeL^ry Gold Mining Co., 18.;5 ; Long Point Company, 1866. t Montreal City Loan, 18C2; Buffalo & Lake Huron Rail- way, 1863 ; Tadousac Hotel Co., 1865; Bank of U. C, 1866 ; Clifton Suspension Bridge, 1867-8. t St. Lawrence Mining Co., 1854-5. PROOF OF NOTICES. 51 having petitioned for an Act to legalize their By- Wellington law granting aid to a certain railway, presented a further petition, praying that the Rule requir- ing notice might be suspended in their case ; and the Committee on Standing Orders, having con- sidered the last mentioned petition, reported that no sufficient reason had been urged to induce them to recommend a susi)ension of the Rule. In one case* the committee reported that the Special ^ Reports. notice ought not to be dispensed with, but that a bill might be introduced for the relief of the petitioner, by extending in his favor the time for appealing against a decision of the Trinity Board. The bill was accordingly introduced, but was subsequently dropped. In another casef the committee reported that a charter proposed to be amended had become void by non user ; and the House justified the report by taking no further action in the matter. In the Session of 1867-8 (after Confederation), the committee reported, with reference to two petitions, " . they appeared to come more pro- perly within the jurisdiction of the Local Legis- lature,! and they were not proceeded with • Malcolm Smith, to be reinstated as a pilot, 1859, t North-west Transit Co., 1861 5 and again in 1862. t Gore District Mutual Insurance Association, 1867-8; Sor- ghum Growers' Association of Essex, 1867-8. 52 PROOF OF NOTICES. I J iiiiiihii TO I i ' II! i I Other par- ties cannot avail themsolvcs of a notice. Petitions referred back. Farther Report, amending a former one. (See also chapter on Legislative Jurisdiction, supra^ p. 13.) It may be well to state, that the committee (though not reporting any such case to the House) has repeatedly decided that parties hav mg a diverse interest from those by whom a notice has been published, cannot avail them- selves of such notice to proceed upon their own account; among other cases, this decision was given in legvrd to the Sault Ste. Marie Canal in 1851, and G-age's Will case in 18G2, to the know- ledge of the writer. After an unfavorable report from the com- mittee, the House has, in a few instances,* referred petitions back to the committee, with an instruction to consider and report as to the exjiediency of suspending the Rule. In one case onlyt was their report favorable; and though in this instance the Rule was suspended, and a bill introduced, it was subsequentl}'- abandoned. It has occasionally hapjoened, that after certain petitions have been unfavorably reported on, further evidence has been produced, suflBicient to ] satisfy the committee. In such cases they have made a further report, amending the former one, and lepresenting either that the notice has since * Reach road allowance, 1856; Elora incorporation, 1856 f Turner's contract on Brant Gaol and Court House, 1856. t Elora incorporation, 1856. iltl' I PROOF OF NOTICES. )een continued bo as to complete the full time Required,* or that it has been amended so as to leftt the requirements of the Rule,! or that the evidence subsequently adduced proves that the lotice was sufficient for all parties concenied.J 5S ' Hamilton & Amherstburg Railway, 1854-5 ; Peterborough School Trustees, 1857 ; St. Boilaventuro Municipality, 18C6. t Gait & Guelpli Railway amendment, 1358. i British Farmers' Union Insurance Co. of Brantford, 1859. 54 lillll;! ■|ll ! ;- 7.— rriE.SEXTATION AND F1K8T KEADINa OF BILL. When a j)etitioii has been favorahly rejiorted on by the Committee on Standing Orders, a bill ■tion^of Bill ^^^^^ ^^^ introduced, upon a motion for leave, upon a Monday, Wednesday or Friday, immediately before the calling- of the Orders for i^rivate bills* (preceded, Avhen the same is required by the Report, by a motion to suspend the Rules). The bill must be i^repared by the promoters, in the English and French languages, and printed Printing, (at their exj ense) by the Parliamentary contrac- tor ; and 500 copies in English and 200 in French,! must be deposited in the Private Bill Office, * 66th Rule, Commons. Members of the Senate exercise the right of bringing in bills, in that House, without a motion for leave, in analogy with the practice in the House of Lords. May, p. 430. t Formerly, such bills only as related to Lower Canada were required to be printed in French, but in 1867 this Rule was made to apply to all bills. The printing of the French version was occasionally dispensed with in bills concerning some locality within the Eastern Townships of L. Canada. — St. Francis Bank, 1854-5 ; Eastern Townships Bank, 1854-5. PRESENTATION OF BILL. 55 oported 5, a bill e, upon 'diately l^riA'ate irod by Rules). )tors, in printed contrac- 'rench,t Office, ! exercise f a motion of Lords. r Canada 3 Rule was ch version oe locality acis Bank, nd distribution thereof made before the first jreading.* It is only in the House of Commons, jhowever, that bills are required to be printed at his stage, in conformity tc* the Rule adopted in oT. In the Senate they are printed, as heretc- "ore, before the second reading.f The amount of any rates, tolls, fees or fines Rates and inserted in the bill, must be printed in italics ; J^ ^jJuo^? these are technically regarded by the House as blanks, to be iilled uj) by the committee on the Inll, and are so inserted merely to shew the amount intended to be proposed. J When a bill for confirming any letters patent Bills for or agreement is presented, a true copy of the any ITv^h same must be attached thereto. § A bill of JgJeeme*nt. this kind having been referred to the Private Bill Committee in 1857, they reported that they could not recommend that it be passed, because no copy of the letters patent was attached. The omission was, however, rectified by the House, a copy of the letters patent being attached to the bill in committee of the whole, and it finally eceived the Royal Assent. || In 1864, several petitions relating to munici- * 5Sth Rule, Commons. t 58th Rule, Senate. X ^lay, p. 670. § 57th Rule. II Bcsseraer's Patent, 1857. 60 PRESENTATION OF BILL. ill I Provisions of eoveral petitions included in one bill. Dilla in- formally introduced Time of presenta- tion. Refercnca to a stand- ing com- mittee, in Common?. palities within the same district, having boon favorably reported on, the provisions of legiski- tion sought by the different petitioners, were combined into one bill by the promoters.* If a bill has been informally or irregularly introduced (/.e., prior to the presentation of a petition, or to the lleport of the Standing Orders Committee on such petition), it may be with- drawn, with the leave of the House, and a new l)ill be presented in the proper course. f Private })ills must be presented within the first four weeks of the Session ;| — but this period is generally extended, to correspond with a like extension in favor of petitions. (See supra, p. 38.) Every private bill, when read a first time, in the House of Commons, is referred to the Stand- ing Committee on Private Bills, tho Standing- Committee on Banking and Commerce, the Standing Committee on Railways, Canals, and Telegraph lines, or some other Standing Com- mittee of a like nature : and all petitions for or against the bill§ stand referred to such com- • Arthabaska and Wolfe Municipalities, 1864. t Halifax Townships, 1850; Rouville Division, 1859; Chi- coutimi Municipality, 186.'); Union St. Josepli, Three RiverS; 1865. X 49th Rule. § Petitions in favor of, or ajainst private bills, are not pre- uented in the House of Commons in the usual way of presenting PRESENTATION OF BILL. 6T mittee. No bill,* originating in that House, of which notice is required to be given under the 51st Rule, can be considered, after such reference, until after ten clear dayr.' notice of the sitting of the committee, affixed in the lobby, and appended also to the Votes. In the case of bills received from the vSenate, the notice required is two days only.f Bills not requiring notice under the 51st Kule may be considered at any time after reference. This is another of the changes effected in 18G7 : it was adopted with a ^iew to expedite the pro- ceedings on private bills, and to enable the com- mittees to enter at an earlier period upon their labors, and so avoid the accumulation of business too often thrust upon them near the close of the Session. In the Senate, the practice in relation toV to the reference of bills (which, until that year, mfttee"^ was identical in both Houses), remains as hereto- Senato fore ; l)ills are not referred until after the second reading,! and the notice to be given by the committee is one w^eek, upon l)ills of the Senate, m petitions, but are deposited in the Private Bill Office 5 and all such as are deposited within a certain time after the second reading of the bill, stand referred to the committee. May, p. 685. • 59th Rule, Commons. t GOth Rule, Commons. X 59th Rule, Senate. :lii ill ': iii , 1: '1; ■' 58 Divorce Bills. PRESENTATION OF BILL. and 24 hours upon those sent up from the Commons.* Divorce Bills (which invariably oiiginate in the Upper House) are referred (afl r their first reading in the Commons) to a selected committee, in place of the Standing Committee on Private Bills.f The evidence taken before the Senate (a copy of which is applied for, and communi- cated, by message) is referred to the committee, with power to send for persons and papers, and usually, to hear counsel-i The committee give two days' notice of their sitting, as in the case of other private bills. * 60th Rule, Senate. t In the British House of Coffimons, they are referred to " The Select Committee on Divorce Bills.'' May, p. 758. t Harris' divorce Bill, 1844-5; Beresford's do., 1852-3; McLean's do., 1858 ; and again in 1859. fer ii'ii llii m ili! from the alginate in r their first committee, on Private the Senate . communi- committee, nd papers, committee ^, as in the ire referred J, p. 758. do., 1852-3 59 8.-~PAYMENT OF FEE AND CIIAKaES. Immediately after the first reading (or, in the Fee pay- Senate, 2iii<^r i\iQ second reading), and before thej^jj^ja" consideration of the bill by the committee, the fee *"2' and all other charges thereon, must be i)aid into the Private Bill Ofhce . This however a]iplies only to bills "giving any exclusive privilege, or for any object of profit, or private, corporate, or individual advantage ; or for amending, extenduig or en- Limitation larging anj' former Acts in such manner as to con- fer additional iwwers." On all such bills a fee of $100 is levied, and the promoters are charged with the expense of printing 500 coi)ies of the bill in English and 200 in French, and of printing 500 copies of the Act in English and 250 in French, with the Statutes : this last item is subsequently refunded if the bill should fail to become law.* If the bill has not been prej)ared in both languages, it is charged with the cost of translation; and any additional expense incurred, for re-printing he bill in an amended form, or for printing sched- • 58th Rule. 60 PAYMENT OF FEE. mi' ules of tolls or other papers connected therewith, j-gg pay- i^aust be defrayed by the promoters. The Fee is Houso° *^°^ payable only in the House in which the bill only. originates, and the charges for printing are made in the House in which they may be incurred. On Divorce Bills (which originate in the Upper House) the fee of $100 must be deposited in the hands of the Clerk of the Senate at the time of presenting the petition.* Formerly the amount of the Fee charged on private bills was $60. In 1854-5, the Standing- Committee of the Assembly on Contingencies re- ported a recommendation that the amount should be increased upon all private bills to $200 ; f and in 1862, the Committee on Private Bills report- ed! in favor of a scale of fees, adopting the ex- isting rate ($60) as the minimum, and charging two rates on bills for raising or expending a sum amounting to $200,000 and under $400,000,— three rates when amounting to $400,000 and under $600,000, and so on in proportion ; — but no action was taken by the House on either Reiiort.§ In * 84th Rule, Senate. t Assembly Journ., 1854-5, p. 358. t 18th Report of Ccmmittee on Private Bills, L.A., 1862, § In the British House of Commons, every bill " for the par ticular benefit of any person or persons" is deemed a private bill within the meaning of the Table of Fees ; and a fee is chargefll at each stage of the proceedings on the petition and bill, of Ilk PAYMENT OF FEE. 61 tier e with, 'he Fee is I the bill are made incurred, he Upper Led in the he time of hiarged on Standing vencies re^ ant should 200 ;t and lills report- iig the ex- irging two i\rr a sum )00,— three md under it no action port.§ In , L.A., 1862. "for the parj d a private billj fee is chargof nd bill, of likd the codes of Rules adopted by the Senate and House of Commons in 1867, the amount of the fee was raised to 5^100. In a few instances the fee has been refunded Refunding of fccd» upon the recommendation of the Private Bill Committee, on the ground that the bill was aban- doned by the promoters,* — that it amends an Act of the i^resent Ses,- on which the fee was already paid,| — that the fee was paid in the i>re- rious Session,:}: — that the bill was rendered necessary by the legislation of the previous Ses- sion,§ — that there were legal diihculties in the way of its i)assing,|| — that the bill has been laid aside, and a general Act substituted,! — or that the amendments to the charter of a certain amount ill all cases, except that whoa the amount to be raised or expended is £50,000 and under £100,000, the i^es payable at the 1st, 2ud, and 3rd readings (£45 in all) are doubled, — if be- tween £100,000 and £200,000, they are tripled, — and so on in proportion. Fees are also paid by the opponents of a bill, on presenting a petition against it. Bristowe, pp. 135 to 137. * St. Lawrence Mining o., 1852--3 ; Gait & Guelph Rail- way, 1866; Toronto and Owen Sound Railway, 1866; North- west Transpoi -tion Co., 1866 ; Canadian Mutual Life Insurance Co., 1867-8. t Guelph iant trust, 1854-5, t Johnston Estate, 1864. § Coyne's relief, 1865. II Ayr dam and water-course (J, Watson), 1856. 1[ Various bills for admission of attorneys to practise, 1857. 6 62 PAYMENT OF FEE. company, were rather for the advantage of the public than of the company.* More frequently the fee has been refunded without the recom- mendation of the committee, by a motion to sus- pend the Rule, though the attempt has not al- ways been successful. It has been customary upon the rejection or abandonment of a bill, to refund the fees, upon a special motion being mad to that effect in the House, — but one instance ol a refusal to refund the same having occurred-! The fees have even, in some instances, been re funded at a subsequent Session.^ Rccom- III 1863, a recommendation of the Committer mendation of commit- on Private Bills, that for the future, no motion foi tee requir- . . , „ i -n i «(i. remittmg the iee upon any bill be entertain ed, except upon the recommendation of th( committee, § was concurred in by the House and it has since been generally acted upon. The Spring Session of 1863 having been brough to a premature close, before the private businesi could be completed, such of the bills (on whicl the fees had been paid) as were re-introduced a the next Session were exempted from any furthe payment.!! Arrangements were also made, ii Proceed- ings con- tinued to another Session. * Provincial Insurance Co., 1858 5 U. & L. Canada Brid, Co., 186^. t Lake Superio Mining Co., 1852-3. X Bank of Canada, 1865 (Aug. Ses8.) ; Quebeu Pilots, ib. § Assembly Journ., 1863 (Feb. Sess.), p. 210. II Assembly Journ., 1863 (Aug. Sess.), pp. 91, 93. 4 PAYMENT OF FEE. 63 the same Session (Autumn Session of 1863), by ige of the which, in case that Session should be suddenly • requently closed, all private and other bills undisposed of le recom- at the prorogation should, at the beginning of the . on to sus- next Session, be at once advanced to the stage at ^ las not al- which they had been suspended;* and a like ustomary. arrangement was effected in the Spring Session ' a bill, to ofl865.t eincT made nstance ol • Assembly Journ., 1863, pp. 282, 288. :)ccurred.t t Assembly Journ., 18G5 (Jan. Sess.), pp. 22}, 24G. , been re- I^ommittee -r motion foi * ^ entertain on of the le House ipon. en brough to business f (on whicl) reduced a / any furthe made, ii « '■ !)aDada firid^r Pilots, lb. 93. 64 9.— COMMITTEES ON miVATE BILLS, AND THEIR POWEES. It has been already stated that all private bills before the House of Commons are referred, after Standing ^^^ ^'^^^^ reading, either to the Standing Committee committees ^j^ Private Bills, or to that on Banking' and Com- on private ' ^ bills. merce, or that on Railways, Canals, and Telegraph I lines, or to some other Standing Committee of a similar character * These committees are appoint- ed early in the Session, and continue in existence imtil its close. t They each consist of a large * In 1866, the Bill respecting the Bar of Lower Canada was referred to a select committee. t This diflTers from the practice in the Imperial Parliament, where all railway and canal bills before the Commons are refer- red, after the second reading, to the " General Committee on Rail- way and Canal Bills," and all other private bills to the " Com- mittee of Selection." The bills are classified in groups by these committees, who severally nominate special committees to con- sider each group, with one of their own memj^ers as chairman. (May, p. 674.) Each member of the committee on an opposed bill is required to sign a declaration that his constituents have no local interest, and that he has no personal interest in the bill, &c. (/6., p. 682.) numb comm and tl their J man. meml for ea a rep( rum,' Meml Ins by t}^ matte if it tl it ba( Comn back 1 tageo" notic( 60th] • In elusive manne; Comm reduce of the t M t la Sess.) BILLS, vatQ bills ■red, after ommittee md Com- ?elegraph ittee of a B appoint- existence ^ a large Canada was Parliament, ns are refer- ittee on Rail- the "Com- ips by these 1663 to con- 3 chairman, an opposed ants have no the bill, &c. COMMITTEES ON PRIVATE BILLS. 65 number of members, who are nominated by a committee of selection (for all standing committees) , and the nomination confirmed by the House. At their first meeting they proceed to elect a chair- man. The quorum consists of a majority of the members, though of late years it has been customary for each committee, after its organization, to make a report recommending a reduction of the quo- rum,* which has been concurred in by the House. Members may be subsequently added by theHouse . Instructions may be given to these committees bv the House, concerning particular bills, or other ^pociai "' ' ° ^ Instruc- matters.f After referrmg a bill, the House may, tions. if it think i:)roi:)er, instruct the committee to report it back before consideration.! The Private Bill Committee have themselves occasionally reported back bills which they thought might more advan- tageously be referred to another committee. § The notice already given by the committee under the 60th Rule, has generally been declared, m such * In 1859, and in each subsequent Session (up to 1867, in- clusive), the quorum of the Private Bill Committee was, in this manner, reduced to seven members, while that of the Railway Committee was, in the Sessions between 1857 and 1861 inclusive, reduced to nine, but has since that time consisted of o majority of the members. t May, p. 722, t Isle J6su3 Roads Co. ; Terrebonne Roads Co., 1863 (Feb. Ses3.); Napanee River Improvements Co., 1866. § Niagara District Bank, 1863. 66 COMMITTEES ON cases, sufficient* The Standing Committee on Special in- Railways was, in 1852-3, instructed to consider the structioaa. ,. „ i- l^ \ '\^ r expediency of amcndmg the bill lor empowering the Great Western Railroad Comr)any to construct a railroad from Hamilton to Toronto, so as to authorize them to construct a branch railway from their line to Port Dalhousie, and they reported the bill with an additional clause iiroviding for the said branch.! The committee was again instruc- ted in 1854-5, to enquire into the expediency of establishing a branch telegraph in the Parliament House ; which was subsequently effected, upon their report.^: In 1863, the Standing Committee on Banking and Insurance, having under consid- eration a bill to repeal the Acts incoiporating the Colonial Bank and certain other Banks that had for- feited their charters, made a report suggesting that they be empowered to extend their inquiries to any other banks in a like position ; and they were in- structed accordingly. § There are some general instructions given by Standing Orders of the House, concerning all private bills, vis. : — to call the atten- tion of the House to any provision that does not appear to have been contemplated in the notice, as reported on by the Committee on Standing General Instruc- tions. • Assembly Journ., 1863 (Feb. Sess.) p. 176 j 1866, p. 202. t Assembly Journ., 1852-3, pp. 290, 340. t Assembly Journ., 1854-5, pp. 177, 197, 229. § Assembly Journ,, 1863 (Aug, Seas.), p. 102. PRIVATE BILLS. 67 ttee on ider the )wering mstruct o as to ay from rted the for the instruc- eiicy of liament i, upon nmittee consid- ting the had for- ing that is to any rere in- general ! House, le atten- oes not notice, tanding p. 202. Orders;* — to require proof in every case that the persons whose names appear in a l)ili for incor- porating a company are of full age, and in a posi- tion to effect the objects contemplated, and have consented to become incorporated.! And in bills for confirming any letters i^atent, or agreement, the committee is required to see that there is a true copy of the same annexed to the bill.| Certain specific instructions are given by Standing Orders of the Houses of Lo^is and Commons, to commit- tees on all Railway Bills,§ the object of which is, no doubt, to a certain extent attained in this country by the provisions of the G-eneral Railway clauses consolidation Act. There are also certain general instructions on all bills relating to Inclo- sure and Drainage, Turnpike Roads, Cemeteries and Gras Works, and Divorce cases. || The committee has no power to entertain ques- j^^ ^^^^^ tions in reference to the compUance with the 5ntJ)°2I*ind- Standing Orders,^ (which pertains solely to the '^s Ordew. Standing Orders Committee) unless by special order from the House. This order is only given when the House, on the report of the Standing * 64th Rule. t 62udRule. t 57th Rule. See also May, pp. 713, 714. § Bristowe, p. 23. II Bristowe, p. 26. IT Sherwood, p. 46. 68 COMMITTEES ON Bill must Examina- tion of witnesses upon oath. Orders Committee, allow parties to proceed with their bill on complying with certain, standing orders which they had previously neglected.* In ordinary cases the committee merely inquire whether the Orders of the House have been com- plied with ; and in cases where a special report has been made by the Standing Orders Committee thrnoUce ^^^ reference to the extent of the notice, it is com- proved. pared with the powers and privileges conferred by the bill, and if they apx)ear to exceed the limits of the notice, the fact is specially rei^orted to the House .f The committee has power to send for persons and papers, and to examine witnesses upon oath, the expci. es of such witnesses being defrayed by the parties in whose interest they have been summoned. Prior to Confederation, the commit- tees of either House had no x)ower to examine witnesses upon oath, several attemjots to pass a law to confer such a power having failed ; I but in the Session of 1867-8, an Act was passed em- powering the committee on any private bill, in either House of Parliament, to examine witnesses upon oath, to be administered by the chairman or any member of such committee. § • May, p. 707. t 64th Rule. t Assembly Journ , 1856, pp. 498, 508, 559 j and 1857, pp. 31, 191. § 31 Vic, c. 24, sections 2 and 3. PRIVATE BILLS. CO jd with :anding lected.* inquire en com- 1 report nmittee is com- nferred e limits i to the persons on oath, .efrayed ve been lommit- ixainuio pass a ; t but sed em- bill, in itnesses lairman 1857, pp. In all questions arisinff before the committee, Casting ^ ^ voto of the chairman votes as a member, and whenever chairman* the voices are equal, he has a second or casting- vote.* This provision was introduced in the revised code of Ilules adopted in 1860, and is expressly limited to committees on i^rivate bills (including the Standing Committee on Private Bills, and that on Railways, and any other com- mittee to whom private bills may be referred): it is based on Imperial practice.! The Contro- verted Elections Act of Canada confers the same power on the chairman of an election commit- tee .J Every member present in the committee shoiUd Every vote on all questions brought up, judging from should vote the analogy of the practice of the House in this respect,§ and that of Election Committees under the provisions of the above mentioned Act, though in the absence of any express rule or order it may be questioned whether the committee has power to compel a member to vote who declines to do so. II * 63rd Rule. t This practice prevails in committees of the Commons on private bills j but in the Lords' Committees the chairman votes like any other peer; and if the numbers on a division be equal, the question is negatived. May, pp. 386, 387. t Consol. Stat, of Canada, Chap. 7, sec. 89, § May, p. 334. II Frere has some excellent remarks upon this question ; but 70 COMMITTEES ON PRIVATE BILLS. Cannot sit The committee cannot sit during the sitting ol during B\t' ° ^ ting of tho the House ; all proceedings are void after an- nouncement that the Speaker is in the Chair* Leave has, however, in two instances, been grant- ed to the Committee on Private Bills to sit during the morning sittings of the Legislative Assem- bly, — once ill 1858,t for one occasion only, and again, in 1860,:): for the residue of the Session. § the difference in the constitution of committees on private bills in the House of Commons, renders these remarks less applicable to the Standing Committees on private bills in this country. Frere, p. 75, — and again, on p. 84. * Sherwood, p. 45. t Assembly Journ., 1858, p. 058. t Assembly Journ., 1860, p. 311. § By a Standing Order of the House of Commons of Great Britain, 21st July, 1856, it is ordered "That on Wednesdays and other morning sittings of the House, all committees shall have leave to sit, except while the House is at prayers, during the sitting, and notwithstanding the adjournment of the House." And to avoid interruption to urgent business before committees, leave is frequently obtained, on the meeting of the House in the afternoon, for a committee to sit till 5 o'clock. May, p. 388. jittiiig or ifter an- Chair.* m grant- it during ! Assem- ►nly, and ssion.§ )rivate bills ; applicable is country. Tl 13 of Great Wednesdays littees shall ^ers, during lie House." committees, louse in the y, p. 388. 10.— niOCEEDINGS IN COxMMITTEE UN BILL. At each sitting, a list of the bills which are Order of ready for consideration is laid before the com- tion. mittee, in the order of their reference ; and they are usually taken up in that order, unless it may be otherwise agreed upon, for the convenience of parties in attendance. In the case of opposed bills, it is customary for the parties to come to an arrangement in the Private Bill Office for the selection of a particular day for the consideration of a bill in which they are interested ; and the bill, in such a case, takes precedence of all other bills appointed for that day: where no such arrangement is made, the bill is taken uj) in its order. It has been stated above, that no bill of jj^^jj^,^ which notice by ad^eitisement is required by 8ive°.Jy^ the Rules, can be considered until due notice has '°.ensed with altogether, ui^on special motion, as regards particular bills ; | the pro];>riety of this course, however, has been much questioned, on the ground of the wrong inflicted on parties who may desire to oppose any such bill, and for whoso protection this notice is intended ; and a susx^ension of the Rule in this behalf is now less frequent, being made only in urgent cases. Parties desirous of opposing any bill before a must ])e one week (affixed in the Lobby) on bills originating in that House, and 24 hours upon bills from the Commons. (60th Rule, Senate.) ♦ Assembly Journ., 1857, p. 423; 1858, p. 907; 1859, p. 271; 1860, pp. 232, 311; 1861, p. 216; 1865 (Aug. Sess.), pp.108, 175; 1866, p. 147. t 60th Rule. t Colonial Bank, 1858 ; Oshawa incorporation, 1859 ; Peter- boro' and Victoria land tax, 1860 ; TiOndon Church land, 1863 (Aug. Sess.), on the recommendation of the committee, at the request of all parties. And on the 28th May, 1862, the Rule was suspended altogether for the residue of the Session. In 1863 (Aug. Sess.) it was suspended with reference to all bills which had been reported on in the previous Session, which had c' tsed prematurely. COMMITTEE ON BILL. 73 •ds the but no re) can t npon Stand- eration IS been tion, as of this led, on es who whoso )ension t, being •efore a nating in 3. (60th 1859, p. J. Sess.);. ) ; Peter- lud, 1863 litlee, at L862, the Session. ce to all )n, which committee, either on the preamble or the details, Opponents ^ _ should pre- present a petition, stating the grounds of their sent a peti- opposition.* No such petition can be enter- tained that does not distinctly specify the grounds on which the petitioners object to the bill or any of its provisions. The petitioners can only ])c heard on the grounds so stated, and if the same are not specilled with sufficient accuracy, the committee may direct a more specific statement to be given in writing-, but limited to the grounds of objection which had been inaccurately speci- fied.! No i)ctitioners will be heard against the prea;mble, unless in their petition they pray to be heard against it.t If no parties, counsel, or ^^'^ ^^i® ^ ^ ^ / appear- acrent, appear on behalf of a petition when it is auco. * In the Commons of Great Britain (as has already been stated) all petitions in favor of, or against, or otherwise relat- ing to private bills (except the original petition for the bill, and petitions for additional provisions), aie now presented by depositing them in the Private Bill Office. Every petition against a private bill, deposited not later than 10 days after the first reading, standi referred to the committee. Petitioners will not be heard before the committee unless their petition has been prepared and signed in strict conformity with the rules and orders of the House, and has been deposited within the time limited, except where they complain of any matter which may have arisen in committee, or of any proposed amendment, or additional provision. May, pp. 685, 6S^5. t May, p. 687. t Bristowe, p. 28. 7 „g^^^ 74 Counsel. To what extent members may act. PROCEEDINGS IN read, the opposition of the petitioner is held to be abandoned.* It is right, however, to state, with regard to these restrictions, t) at although strictly spealdng they 'dyy-plj to all opposed bills, they are never fully enforced by the committee, unless the circumstances of the case appear to require it. The i:>romoters of a bill may be heard by counsel if they desire it.f Petitioners against the preamble or any of the clauses may be heard by counsel, if, in their petition, they have pray el to be heard by themselves, their counsel, or agent.| Nc member can act as counsel before the House or before any committee ; nor can any member of either House act as counsel before the other House, on ai y bill depending therein, without special permission : when such permis- sion is given, it is understood that the gentlemen who receive it ,rould not be permitted to vote on * Bristowe, p. 27. t A Parliamentary Agent appearing before a committee of the British House of Commons for a private bill (or upon a petition against a bill containing a prayer to be heard by coun- sel) is always called on by the committee clerk to hand in the names of two counsel, though the number of counsel who may be heard is not limited to these. — Evidence of Q. L. Smith, Esq., Parliamentary Agent,— appended to the 3rd Report of the Committee of the House of Commons on Private Bills, 1847. (Ano. to Ques. 948.) t Stai.ding Orders of British House of Commons relative to Private Bills, 85. ^ is held to be state, with ough strictly ills, they are ittee, unless to require it. »e heard by ners against lay be heard have pray el counsel, or unsel before nor can any ?el before the ling therein, such pormis- e gentlemen ?A to vote on a committee of bill (or upon a i heard by couii- k to hand in the counsel who may of G. L. Smith, e 3rd Report of n Private Bills, imons relative to COMMITTEE ON BILL. 75 such bill, if it should be received by the House of which they are mem])ers.'*'- This permission has in a few instances been given to members of ihe Assembly,! — and once only to a member of the Legislative Council.^ A filled uj) co])Y of the bill, containing the Fuicd up amendments proposed to l^e sulnnitted ])y the bui to be promoters, must bo deposited in the Private Bill ^ ^ ' Office, one clear day before the consideration of the bill.§ All parties x^etitioning against the bill are entitled to obtain a copy of the j^roposed amendments, one day before the consideration of the bill. II In the case of the Quebec Marino Insurance Amciia- . - . . - meats by Co. m I8O0 vlan. bess ), a petition was iirescnied, promoters on the part of th(^ company, for leave to amend their ])ill in a matter not ccutomplated by the * May, p. :'SS. t Lea\e was granted l)y the Legislative Assembly to the Hon. T. C. Aylwin, in the session of 1844-5, to appear at the Bar of ihe Legislative Council on the Naturalization Bill (Doiiegani's),— and to Messrs. Ross and Cauchon, in 1850, on the Dorchester Bridge Bill. Assembly Journ., 1844-5, p. 408 5 1850, p. 201. X Leave was granted by the Legislative Council, in 1843, to the Hon. Mr. Draper, to appear at the Bar of the Legislative Assembly as Counsel on the bill relating to the University of Toronto. Council Journ., 1843, p. 104. § Glstilule. II May, p, 682. 76 Preamlle rca^l. PROCEEDINGS IN notice, and the Standing Orders Committee re- ported favorably on the petition, on the ground that the sanction of the shareholders to the amendment had been obtained. A like course was taken in regard to the Montreal Corj^oration bill, in the autumn Session of the same year. When the committee are about to j)roceed to the consideration of a private bill, the i)arties are called in, and the preamble is read; this being different from the practice in regard to public bills, the preamble of which is postponed until after the consideration of the clauses.* (In- stances may, however, arise, in which the com- mittee may feel it desirable that they should reserve their judgment upon the preamble until certain details of the bill have been settled : in such a case they postpone the preamble until after the consideration of the clauses ; but this is of very rare occurrence.) The petitions against the bill are then read, and appearances entered * This course is adopted in regard to public bills, because they are founded on leasons of state policy, and the House having aflirmed the principle on the second reading, it beconaes the duty of the committee not to discuss the principle again upon tiie preamble, but to settle the clauses first, and then to consider the preamble in reference to the clauses only. (May, p. AGS.) But the expediency of a private bill being mainly founded on the allegations of fact (contained in the preamble) proof of such allegations is necessary, as a proper basis of legislation, fjb. p, 718.) mittee re- e ground rs to the ve course )ri)oratioii year. )roceed to )arties are his beino' to public lied until '^s* (111- tlic com- y should nble until ettled: in ible until but this is LS against s entered ills, because the House r, it becomes nciple again and then to )nly. (May, eing mainly le preamble) rjer basis of COMMITTEE ON BILL. 71 upon each petition with which the parties intend to proceed.* The promoters (or their counsel) first staLo their Promoters case on the x^reamble, and then (if required) pro- ceed to call witnesses, and to examine them. At the conclusion of this examination, when the coun- sel or agent for any petitioner rises to cross-examine a witness, is the proper time for taking ol^jections to the locus standi of such petitioner.! It is neces- Locui atan- sary that a petitioner should state the manner in tioners! '' which his interest is affected, in order that he may obtain a locus standi at all in opposition to the measure ; but the grounds of objection to the bill on which he may be heard in support of such opposition, are not confined to those arising imme- diately out of his private interests.^ If the committee decide in favor of his locus standi, he may address the committee, and produce his witnesses, and they in their turn are cross-ex- amined by the counsel for the promoters, who has the right to reply. § The committee may, if they please, hear x)etitioiiers against a bill on the ground * May, p. 71G. t Petitioners are said to have no locus standi before a com- mittee, when their property or interests are not directly and specially affected by the bill, or when, for other reasons, thoy are not entitled to oppose it. May, p, GOO. t Frere, p. 32. § Briatjwc, p, 28. .-^MglBS- 78 PROCEEDIN' S IN Petitioners ot' Competition ;* but shareiiulders _of| a company agains a pj.Qjj^Qj- jjjg ^ }j j^ ^TG not heard in opposition unless their interest be distinct from that of the com- pany.! A petitioner whose interest is affected only by particular clauses in the bill, which are immaterial to the main objects of the measure, and are not referred to in the preamble, would have no right to be heard against the i)reamble, but only against such clauses .J Members If the attendance of a member of the House be required as . ■, ., ,■, • p -i mtaessea. required as a witness, the proper course is lor the chairman to write to the member requesting his attendance ; if he refuse to attend, the fact is re- ported to the House, in order that they may take such stops in the matter as they see iit.§ A witness has a right to claim that his expenses be paid or guaranteed, before his examination. A witness cannot correct his evidence, except by a subsequent examination. || Expenses of vit- nesses. * May, p. 695 t May, p. G99. t Frerc, p. 33. § Freie, p. 70. A Peer of Parliameut cannot be compelled to attend a committee of the Commons, but if he attend volun- I uily, it is not necessary that a message be sent to the Lords rei[uesting his attendance, as is the case in committees on public matiers. lb., p. 71. !l Frere, p. 72. anpany 1 unless e com- »iily by naterial are not right against )use be for the ng his t is re- Ly take :penses on. A t by a COMMITTEE ON BILL. 79 AVhen counsel are addressinj? the committee, or Room _ . cleared for while Witnesses are under examination, the com- discussion. mittee room is an open court ; but when the com- mittee are about to deliberate, all the counsel, agents, witnesses, and strangers are ordered to withdraw, and the committee sit with closed doors. When they have decided any question, the doors are again ox'jened, and the chairman acquaints the parties with the determination of the committee, if it concern them.* Members of the House who are not on the Right of committee, have a right to be present during the of the examination of witnesses, but not to interfere m be present, the proceedings.! It is doubtful how far the committee has a rii>'ht to exclude them from the room when cleared for discussion, but it is always customary for them to retire. If any member insist on his right to remain, a member against the wish of the committee, their only amination. course is to report the circumstances of tne case to the House. J If a member of the House be under examination as a witness, and the matter under consideration shall have aricen out of his )mpenecl d volun- e Lords n public • May, p. 715. t By a Standing Order of the House of Lords, all Peers are entitled to atten'^' the select committees of that House, and iliey are not excluded frona speaking (though they be not of the ' om- mittee), but they may not vote. May, p. 332. t Frere, p. 74:. 80 PROCEEDINGS IN Question put OD pre- amble. rrcamble not proved. evidence, the right of the committee to exclude him from the room during the discussion, is less doubtful* • "When the arguments and evidence upon the preamble have been heard, the room is cleared, and a question is jnit " That the preamble has been proved," which is resolved in the affirmative or the negative, as the case may be : f — If iii the negative, the committee report to the House " That the preamble has not been proved to their satisfaction." After this decision, it is not com- i;)etent for the committee to re-consider and re- verse it, but the bill should (if necessary) be re-committed for that x)urx)ose.| In the Imperial Parliament, the committee are * The India Judicature Committee (House of Commons), in 1782, having cleared the room to deliberate on the refusal of Mr. Barwell to answer certain questions, he insisted on his priv- ilege, as a Member of the House, of being present during the debate. The committee objected that as a party concerned in the matter under discussion, he had no right to be present. Mr. Barwell still persisting in his right, two members attended the Spenlter, and returned with his ()| Inion that Mr. Barwell had no light to insist upon being present during the debate, upon which he withdrew. The House subse([uently ordered "Tint when any matter shall arise on which the said committee wish to debate, it shall be at tlieir discretion to require every person not being a member of the committee to withdraw." May, p. 382. t May, p. 720. t May, p. 722. COMMITTEE ON BILL. 81' excludo 11, is less- ipon the cleared, tible has irmative ff in the House to their lot com- and re- ary) be ittee are inmons), in i refusal of )n his priv- during the ncerned in sent. Mr. tended the ell had no pon which "h'lt when e wish to )crson not y, p. 382. not required to assign any reasons for thus de- Roasona ciding agamst the further jirogress of the bilJ, though the necessity for such information, to en- able the House to determine upon their rei>ort, is obvious.* A different course prevails in Canada, the committee being required to state in their re- portf the grounds of their decision. Of these may be instanced, — That no evidence was offered in favor of the preamble, I — Insufficient informa- tion or contrary evidence, § — No proof (in the petition or otherwise) of consent of the p; rties in- terested, II — No proof that the majority of those whose interests would be affected are in favor of the scheme,! — That the petitioners against the measure are as numerous as those in its favor,** or are more numerous,!! — That there is great • Alf)heu3 Todd's Report on Private Bills, 1^4.1. f GGthRule. I River du Chene, 1852-3; Gatien estate, 1857. § Small's Pickering road allowance, 1852-3; Clarke Sur- vey, 1857; Notre Dame du Portage Municipality, 1859 ; Onslow Survey, 18G2. 'I Bill to incorporate the Benevolent Societies of tin; ^Y^;S- leyan Church, 1850; Guelph and Welling'on Roads Co., 1859; Russel Estate, 18G5. IF Hull Presbyterian Church, 135G; Quebec limits exten- sion, 1800; Lennox and Addington separation, 1860. ** Whitby division, 1857 ; Stanbridgc division, 18GG. tt Grey and Simcoe division, 1857 ; Bolton incorporation, 1858 ; Durham School section, 1859; Berlin town limits, 18G5. 82 PEOCEEDINGS IN diflerenco of opinion in the locality affected, as to Preamble the expediency of the measure,* — That the state- no P'^^^'*'* jjjgj^^ q£ facts set forth in the i^reamble has been disproved,! — That legislative interference is not desirable or necessary,^ — That it Avould inter- fere with law-suits pending, § or with existing rights, II — That the powers sought for would not advance the interests of the locality,T[ — That the bill provides for an extension of the powers of a certain company to purposes entirely foreign to its original charter,** — That it contains most un- usual in-o visions, ft — That a certain survey * Ayr incorporation, 1857} ^Halifax townsliip, 18G0; Clif- ton division, 18GG. t Barton road allowance, 1852-3. t East Hawkesbury survey, 185G j Clarke survey, 185G; Van Norman estate, 1857; Delaware survey, 1857; York and Peel separation, 1861 ; Quebec Stevedores incorporation, 18G1; Augusta Municipalities' Fund, 18G2; Bruce county town, 18G1; Bayham by-law, 18G5, and 18GG ; Montreal Licensed Victuallers, 1SG5. § Challiani survey, 1858; Peel county town, 1859; Rich- mond Street (London) boundary line, 18G1 ; Peterboro' and Port Hope Railway, 1862. II North-western Railway, 1856 ; Clifton suspension bridge, 1858; Burford survey, 18G0; Hope survey, 1860; Etchemin bridge, 1862 ; Renfrew division, 1863. IT St. Lawrence and Bay Chaleurs^Land and Lumber Co., 1858. ** St. Clair and Rondeau Plank Road Co. amendment, 1857. tt Metropolitan Ga3 and Water Co., 1857; Richelieu Com- pany, 1862. COMMITTEE ON BILL. 83 jtcd, as to the state- has been ice is not Lild iiitor- L existing voukl not -That the wcrs of a foreign to i most nn- i survey 18G0; Clif. i-vey, 185G; York and ation, 1861; own, 18G1; Victunllers, 859; Rich- erboro' anJ uon bridge, ; Etcliemia r Co., 1858, ment, 1857. lelicu Com- which is sought to be confirmed was not made in conformity with the provisions of the law, * — Preamble That the iilled-up bill submitted to the committee °^*P'"^'^ diflerod materially from the prmted bill as origin- ally referred to them, and was not in accordance with the petition,! — or, That it is in the power of the Ex<^cutive Government to carry into effect the objects com 'm^dated by the bill,| or the Court of Chancery (in a bill affecting the interests of minors).^ In one instance, in 1857, the com- mittee reported, with reference to the bill to in- corporate the St. Lawrence and Bay Chaleurs Land and Lumber Co., that although they could not say -the preamble was not proved, yet they could not recommend the passing of the bill, its promoters being foreigners, residing out of the Province. If, upon the report of the committee concerning Committee a certain bill, that the joreamble is not proved, quirea to the House be not satisfied with the reasons as- dence signed in the report, the committee are directed to g^dod report the reasons or evidence which guided them l^!iV^„'*°" in their decision ; and these, when reported, have generally satisfied the House, so that the bill has * Beverly survey, 1864, t Toronto Esplanade, 1854-5. t Bill to vest in J. Carling and others, a portion of Church Street, London, 1852-3. § Watson's Ayr Mill-dam, 1856. %. ^ ^^^ pm <# /] oi.^ ^;. ^ ^ ^^" /; yf .-^^'-^t'- I •84 PROCEEDINGS IN amend imont Bill may proceeded no further.* If it should appear from back for the report, that the objection to the bill was not so much against the principle as against certain details, the committee may be instructed to amend the bill by striking out the objectionable provision?, and report the same as amended. i In one instance, however, they reported that a majority against the preamble had been obtained throuft'h one member ha^dncr voted a^'ainst it in- advertently ; and the instruction of the House having afforded him an opportunity of correcting his vote, he had done so, and this having given a majority in favor of the preamble, the committee reported the bill.J In other cases, the commit- tee having been directed to report the evidence on which iheir adverse decision was founded, re- ported the same, and it was referred to a commit, tee of the whole, with the bill, and the bill was reported and passed.^ It is in the po-'ver of the committee to make alterations in the preamble, || either by striking out or modifying such allegations as may not have Alterations in pream- ble. * Cornwall By-law, 1856; Metropolitan Gas and Water Co., 1857 ; St. Lawrence and B&y Chaleura Land Co., 1358 ; Peter* boro' and Port Hope Railway, 1862. t Richelieu Company, 1862. t Three Rivers diocese church-rate, 1852-3. § Clarke survey, 1857 ; Bruce County town, 1864. II May, p. 723. COMMITTEE OX BILL. 85 ear from \Yas not t certain icted to :;tionable lended.i id that a obtained list it in- e House Drrecting ng given )mniittee commit- evidence iided, re- comm^t- bill was to make striking not have Water Co., !58; Peter- been substantiated to their satisfaction, or by ex- punging such as the promoters may be desirous inp?eamb°o of withdrawing ; * but no now allegations or provisions ought to be inserted, either in the pre- amble or the bill, excepting such as are covered ])y the petition and the notice, as proved before the Standing Orders Committee, — unless the par- ties have received permission from the House to introduce such additional provisions, in com- pliance with a petition for leave. f Every ma- terial alteration in the preamble must be specially reported to the House, with the reasons therefor.;): Such alterations have almost invariably hitherto been of a nature to Imiit or reduce the jiowers X:>ropoFed to be conferred by the bill.§ An ex- ception was made, however, in the case of a bill for the relief of the Ministers of a certain religious denomination in JViontreal, in 1857, || — the pre- amble and provisions of which were amended so as to apj)ly to all ministers of that denomination in Lower Canada; and it was passed in the • Sherwood, p. 53. f May, p. 721. See also 64th Rule. t 65th Rule. § St. Hyacinthe incorporation, 1852-3 ; Upper Canada Mining Co., 1852-3; Toronto Bank, 1854-5; Frelighaburg Grammar School, 1857; St. Gabriel deValcartier division, 1861; Renfrew By-law, 1863. II Bill for relief of Ministers of the Church of the " Countess of Huntingdon's Connexion" at Montreal, 1857. 8 86 PROCEEDINGS IN " Previous Question" cannot bo put. Preamble proved. Proceed- ings on clauses. amended form. (But see the remarks as to the limitation of the power of the committee to make amendments, on p. 91.) It is a rule of Parliamentary practice, that the " previous question" cannot be put in committees, /. e., that if the question were proposed that the preamble is proved, it is not competent for a member to propose the previoTis question " that that question be noiv put," for the purpose of voting against it. The same rule applies, of course, to the clauses, and to any amendments X^roposed.* When the committee have decided that the preamble has been proved, they call in the parties, acquaint them vrith the decision, and then go through the bill, clause by clause, and fill up the blanks ; and when petitions have been presented against a clause, or proposing amendments, or for compensation, the parties are heard in support of their objections, or amendments, or claims, as they arise. Clauses may be postponed, and con- sidered at a later period in the proceedings, if the committee think fit ; or clauses which the parties have agreed to insert in the bill may, if neces- sary, be produced before the comndttee decide on the preamble.! Manuscript clauses are con- * May» PP- 364, 473 ; Frere. p. 49. t May, p. 720 : Bristowe, p. 29. COMMITTEE OX BILL. 87 5 to the o make hat the nittees, hat the t for a L "that pose of lies, of dments :hat the parties, hen go up the esented s, or for )port of ims, as lid con- s, if the parties neces- decide ire con- sidered after those printed in the bill, first those proposed by the promoters, and afterwards snch as may be proposed by the opponents of the bill.* If any unusual provisions are found in the bill, Unusual or :.iiy that do not appear to have been contem- P'"°'"^"*"'- plated in the notice, special mention is to be made of them in the report. f In the case of any bill sent down from the Evidence Senate, the committee, if they have not sufficient fr°om* ^ evidence before them, can direct their chairman ^®°***' to move in the House that a message be sent to their Honors, requesting that the proofs and evi- dence on whicli the bill was founded may be communicated ; and these, when sent down, are referred to the committee. J; In filling up the blanks in the bill, the commit- Rates of , • 1 J. ■ J. J 1 • 1 toll or fees. tee are required to insert the maximum rates of toll, fees, or other charges to be imposed un- der its provisions, which are printed in the bill in italics, for the information of the House, but are technically regarded as blanks. § A prac- tice obtained occasionally, for some years, of re- quiring the rates of toll proposed to be inserted in * Frere, pp. 54, 61. t Montreal Building Society ; Montreal Gas Co. j Toronto Dry Dock ; various Mining Bills : all in 1847. See also 64th Rule. t Counters stove patent, 1850; Niagara and Detroit R'vers Railroad, 1859; Quebec Tilots, 1860. § May, p. 070. 88 PROCEEDINGS IN Rates of toll, Ac Harbour, Bridge, or Canal Bills, to be first sanc- tioned in a committee of the whole, and after- wards referred to the committee on the bill for insertion therein. This appears to have been the usral course prior to the Union, but upon the ado ,ition of a system of Private Bill legislation, it was discontmued. In the Session of 1852-3, this practice was resorted to in a bill to incorporate the Port Burw^ell Harbour Company* and was subsequently observed in several instances ; though it was always the exception rather than the rule. The inconvenience of this practice is most evident, as it is manifest that the committee of the whole can, at that early stage of the bill, have no sufficient evidence to guide them in es- tablishing the rates of toll ; while on the other hand, the committee on the bill have it in their jpower to procure all necessary information : when they report the amended bill, it is referred (after the second reading) to a committee of the whole, and an opportunity afforded to the House of ex- ercising its judgment in the matter. Moreover tolls of this kind are imposed only upon such per- sons as mij voluntarily use the works to be con- structed under the authority of the bill, as a fair equivalent for a service rendered, and are thus altogether different in their character from a com- * i^£semb]y Jouin., 1852-3, pp. 2G9, 285. W COMMITTF.E OX BILL. 89 it sanc- I after- bill for len the )on the tion, it -3, this rporate id was :aiices ; E>r than ctice is imittee tie bill, n ill cs- e other II their : when I (after whole, 3 of ex- ^reoyer ch per- be con- .s a fair re thus a com- pulsory rate, duty, or charge upon the people, Rates of which should undoubtedly originate in a commit- tee of the whole.* Furthermore, while the rule, AS regards rates, duties, etc., inserted in public bills, is strictly observed in the Imperial Parlia- ment, all private bills are exemi^t from its opera- tion, including even those under which a local rate is proposed to be levied for a local work.f In 1862, the Committee on Private Bills i^resented a report, recommending that the exceptional practice referred to bo discontinued,! and the recommendation has since been generally acted upon. The amendments made by the committee are Amend- written upon a printed copy of the bill, which is ported to* signed by the chairman, who also signs, with his * ® '^"^** * Three Rivers Diocese Church Rate, 1852-3. t In 1833, a committee of the Commons (G. B.), appointed to examine into precedents in connection with this subject re- ported "that the general spirit of the Standing Orders and Reso- " lutions of the House, requires that every proposition to impose ''a burthen or charge on any class or portion of the people, '^ should receive its first discussion in a committee of the whole " House. The only exception from this rule is with regard to " tolls, rates, or duties proposed to be levied on the subject in *' particular places for any local work ; and in such cases it is " directed that no bill be ordered to be brought in till the peti- " tion for it has been referred to a committee, and they have ex- " amined the matter thereof, and reported the same to the *' House." May (edition of 1844), p. 275. X 18th Rep. of Cora, on Private Bills, L. A., 18G2. 90 PROCEEDINGS IN Amend- ments re- ported to thj House Iji^ initials, each amendment made, and clause added, and another copy of the bill as amended is fyled in the Private Bill Office.* The committee, in reporting the bill, call the attention of the House to any provision that does not appear to have been contemplated in the notice,! or to any pro- vision of an unusual character,! and if they have amended the bill in such a manner as to confine its provisions within the terms of the notice, § or otherwise to restrict the same, || it is usually mentioned in the report. It is customary also to make special mention of any amendment of a peculiar or unusual character, as, changing the name of a proposed corporation,^ — extending the limits of a township proposed to be erect- ed,** — or materially altering certain arrange- ments provided for by the bilLff In 1858, the * 67th Rule. f G4th Rule. See also Three Rivers Corporation, 1864. t Quebec Pilots' Corporation, 1866. § Middlesex debt, 1854-5. II Toronto and Goderich Railway, 1851 ; London debt, 1856 ; Martin's Saltfleet road allowance, 1856 ; Fitzroy Survey, 1863. IF Canadian Life and Fire Insurance Co., 1856 j Colonial Bank, 1856. *• Franklin Township, 1857. tt London town lot (Agricultural Societies), 1856 ; Crow- land Survey, 1862 ; Bellelsle's relief, 1863 ; Foley's admi33ion as Barrister, 1864. e added, is fyled ittee, in c HouiSo to have any pro- .ey have > confine tice,§ or usually y also to ent of a >'ing the [tending- be erect- arrange- 858, the 18G4. idon debt, oy Survey, ; Colonial 56 ; Crow- admission COMMITTEE ON BILL. 91 committee reported a bill to detach certain lots hi the township of Barton f';om the city of Hamilton, amon'd- which they had so amended as to provide for ™""'«- continuing the lots in question within the limits of the city at a limited rate of taxation ; they also reported a bill to provide for the separation of the Counties of Durham and Northumberland, amended in such a manner as to leave the ques- tion of separation, &c., to the decision of the reeves and deputy reeves of the County of Dur- ham. In 1864, they amended a bill to erect the Local Municipality of St. Colombe mto a County Municipality, in such a w^ay as merely to extend the powers of the said municipality in regard to the issuing of tavern and shop licences. The power of the committee to make amend- Limitation ments is, how^ever, limited ; care must be taken to make in preparing them, that they involve no infrac- m'entV tion of the Standing Orders, and are not ex- cessive.* No new provisions may be intro- * May, p. 681. Questions have frequently arisen (in the Imperial House of Commons) as to the right of a committee on a Railway Bill to alter the plan, which under the Standing Or- ders is required to be deposited in the Private Bill OflBce. The rules and practice of Parliament recognize this power, but the committee, before adopting any deviation from the line delinea- ted on the plan, require proof of the consent of the owners or occupiers through whose property the proposed deviation will paas. Sherwood, p. 57. 02 PROCEEDINGS IN Material : lit! ! i ! I duced by which tho interest of i^arties who are not suitors to the bill, or petitioners before tho committee, can be affected, without due notico having been given to such parties.* If the com- alterations, mittce cousidcr a moterial alteration desirable in a particular bill (of such a nature as appears to ex- ceed their powers), they report the bill, and suggest such alterations as may meet the supposed neces- sity.! Ill 1852-3, a bill to incorporate the Mutual Insurance Association for the Fabriques of tho Diocese of Quebec, was reported, with a recom- mendation that the principle should be extended to each Diocese in Lower Canada ; and the bill was amended accordingly, and passed. In 1860. in reporting on a bill to incorj^orate the Annuity and Guarantee Funds Society of the Bank of Montreal, the committee expressed their opinion that it was advisable to make it a general measure, applicable to any other Hank and its employ(?s. The suggestion was not, however, adopted by the House, and the bill was proceeded with and passed, as a private bill. In some cases, where the committee have considered an amendment of the general law preferable to the passage of pri- * Fiere, p. G4. t B, N. American Mining Co., 1847; Bill to remove the Registry Office for the County of Terrebonne, 1847. In this last mentionefl case, a division of the county for registration purposes was suggested, instead of a removal. COMMITTEE ON BILL. 93 who are fore the le notice the com- ijirable iu !ars to ex- d suggef^t ed neces- e Mutual es of the , a recom- extended d the bill In 1860. I Annuity Bank of ir opinion [ measure, employ(?s. lopted by with and 3s, where idment of ^e of pri- I remove the i7. In this registration vate acts, they have made a special rei)ort to that effect, and (occasionally) postponed the considera- tion of the bills to which it had reference, to af- ford an opportunity for the action of the House in the matter ;* or, in other cases, they have ex- punged certain provisions, and recommended an amendment of the general law^n these respects. f In 1867-8 (after Confederation), the question ofQicsion jurisdiction having been raised before them wdth tior. regard to certain hills, they in one case J solicited an instruction from the House, which, not being given, the bill was not proceeded with : in two other cases § they amended the bills and reported them, calling attention, in their report, to the doubts raised ; one of these bills was subse- quently proceeded with, and the other abandoned. (See Chapter on " Legislative Jurisdiction," ante.) The committee have nothing to do with the title of the bill, which is only agreed to by the House after the third reading, || * Various bills for the admission of English attorneys to practise in Canada ; also various bills for incorporating Mining Companies, 1854-5. (No action was taken on the reports, and the consideration of the bills being subsequently resumed, they were reported and passed.) Joliette incorporation, 18G3. t Kingsey Falls Municipality, 1864 ; DeLery Gold Mining Co., 1865; Quebec Corporation, 1865. t Civil Service Building Society, 1867-8. § Stratford Board of Trade, and Canada Live Stock Insur- ance Co., 1867-8. II Frere, p. 66. 94 PROCEEDINGS IN Abandon- ment of a Power to Power may be ffiven to the committee by the divide or . to consoii- House to divide a bill into two bills, or to consoli- date two bills referred to them into one.* This last has sometimes been done by the committee, without a special Instruction.! Every V)ill referred io the committee must be bill by its reporteil.t If the promoters of any bill inform promoters. x -i a j the committee that they do not desire to proceed further with it, the fact is reported to the House, § and the bill will be ordered to be withdrawn ;|| or if any other parties before the committee, either as petitioners or opponents of the bill, desire to proceed with it, the committee may permit them to do so.l In 1867-8, the Committee on Banking and Commerce reported, with regard to 9, bill to incorporate the Canadian Mutual Life Insurance Co., that the principle of mutual life • Frere, p. G5. t St. Albert de Vv''arwick Municipality, 1863. (In 1864 several petitions relating to municipalities in Arthabaska and "Wolfe, were combined into one bill by the promoters.) t 65th Rule. § St. Lawrence Mining Co., 1852-3; Ottawa Water Works, 1866; Gait and Guelph Railway, 1866; Toronto and Owen Sound Railway, 1866 ; North-west Transportation Co., 1866. il May, p. 726. IT The Manchester and Salford improvement Bill, in 1828, was abandoned in committee by its original promoters ; when its opponents, having succeeded in introducing certain amendments, undertook to solicit its further progress. May, p. 633. (Note.) ?e by the o consoli- e.* This jmmittee, must 1)0 U inform proceed e House, § hdrawn :|| ommittee, )ill, desire ay permit mi t tee on regard to itual Life utual life 1 864 several I and Wolfe, ater Works, ) and Owen ;o., 1866. iill, in 1828, jrs ; when its amendments, 33. (Note.) COMMITTEE ON BILL. 95 iiisur.Mice being new to this country, they could not recommend its adoption unless a paid up liuarantee capital of at least ^50,000 was pro- vided ; and as the promoters were not prepared to do this, they had al>andoned the ])ill. A bill, after it has been reported, may be referred Bin may b* '' referred hack to the same committee,'*' or to some other back, committee! but this is very rarely done. The evidence taken by the committee is not Evidence gonerally reported to the House, except in those ed, without cases where a special order to that effect may be made ; :j: it is entered in a book, with the minutes of the proceedings of the committee, and kei)t in the Private Bill Office; but in some instances the committee have rei)orted their proceedings with- out an order being made.§ If the amendments made by the committee are so BiUmay be ro-printed. important or extensive as to render it necessary that it should be reprinted before its consideration by the House, this is done at the expense of the promoters.|| * Maskinonge Common, 1852-3 ; Strathroy and Port Frank Railway, 1857 ; Streetsville incorporation, 1858 ; Lindsay Re- serve, 1859; Hamilton debt, 1863 (Aug. Scss.); St, Colombe Municipality, and other bills, 1864. t Canadian Land and Emigration Co., 1865 (Jan. Sess.) ; Ashley's naturalization, ib. t Great Southern Railway, 1857. See also supra, p. 83. § Buffalo and Lake Huron Railway, 1856; Grand Trunk Railway, 1862 ; Montreal and Champlain Railroad, 1864. II This is required in all cases, in the Imperial Parliament, ' when the bill is amended. May, p. 728, 96 Time for reports limited. PROCEEDINGS IN COMMITTEE. The 49th Rule, ^A^hile it Hmits the imie for re- ceiving petitions and private bills, respectively, also provides that no report of any standing or select committee ■ai)on.a private bill be received after the first six weeks, but this i^eriod is in- variably extended until nearly the close of the Session. 97 ne for ly- pectively, Hiding or J received •iod is in- ►se of the ll.-SECOND READINa OF BILL. By the 66th Hule of the House of Commons, 'Jl priw te bills rex)orted from a standing com- Jec'^n/'^'^ mittee are placed on the Orders of the Day "a^ing. following the reception of the report,^ for a second reading, next after bills referred to a com- mittee of the whole House, — though they are usually taken up only on "Private Bill" days; the only exception being in the case of bills on v^hich the committee have reported the preamble not proven, which are not placed on the Orders of the Day at all, unless by special order of the House. Tne second reading corresponds with the same PHncipia stage in other bills, and in agreeing to it the armed X House affirms the principle of the measure.f ^^^^ stage. There is an important distinction between public * In 1861, and in several subsequent Sessions, the commit- tee, in reporting certain bills at a late period of the Session, re- commended that they be placed on ** the Orders of this day," which was done accordingly. Assembly Journ., ISGl, p. 293, &c., &c. t May, p. 456. 9 98 SECOND READING OF BILL. Recent change. and private bills at this stage of the proceedings ; a public bill being founded on reasons of i)ublic policy, the House, in agreeing to its second read- ing, accepts and affirms those reasons; but the expediency of a private bill is mainly founded upon allegations of fact, to be proved before a committee. It was formerly the practice, in each House, to refer the bill after the second reading ; the affirmation of the principle of the bill, there- fore, was necessary conditional, being contingent upon satisfactory proof being made of the allega- tions of the preamble. In 1867, the House of Commons changed their liule in this respect, and provided for a reference of the bill after the^^rs^ reading,"' — the second reading being postponed until after the committee had reported. By this arrangement the House is put in possession, before the second reading, of the facts of the case, and is therefore in a position to deal with the bill upon its merits. This change has not been adopted as yet, by the Senate, and bills before that House are referred, as heretofore, after the second reading, f The usual time for counsel to be heard at the Counsel, "g^^ q£ ^^q Housc ui)on a bill {pro or con) is at the second reading ; but opposition has rarely been offered, hitherto, at this stage, unless upon the assumi^tion that the princii)le of the proposed Hearing of 'm * 59th Rule, Commons, t 59th Rule, Senate. / eedinffs ; 'f public nd read- but the founded before a , in each readini? • 11, there- ntingent le allega- House of 3ect, and ' the first :)stponed By this n, before se, and is Dill upon .opted as [ouse are eading.f I'd at the is at the jly been ss upon proposed SECO^D READING OF BILL. measure was objectionable on grounds of x:>ublic policy.* Upon four occasions only, in Canada, has counsel been heard at the Bar against the second reading of private bills. f In one in- stance, J the House resolved (upon joetitions from the parties) to hear counsel, for and against the bill, upon the question for going into committee of the whole thereon : this having been (under the ar- rangements then in force) the first opportunity afforded for the action of the House after the re- port of the committee, corresi^onded, in point of fact (as regarded the time for hearing opj^osition) with the second r'^ading under the new arrange- ment. The bill having been reported by the committee with amendments, they were directed to report the evidence, and the same was x^rinted, with the bill in its amended shape. The Order of the Day for the House in committee on the bill, being read, counsel was called in and heard: it * Sherwood, p. 37. The Street Rail Com'y Bill [was thrown out on the second reading, in the British House of Commons, 16th April, 1861, on notice beiug taken that it trenched on public rights. In England it is the duty of the Chairman of Committee of Ways and Means, under a standing order, to call the attention of the House to all such cases. Hansard's Debates, vol. 162, p. 641. t University of Toronto (King's College) Bill, (a Mini3terial private bill), 1843, 1814-5, and 1846; Montreal Consumers' Gas Co., 1846. X Great Southern Railway, 1857. 99 100 SECOND EEADING OF BILL. Priyate .i!ii I was then moved " that this House will resolve it- self into the said committee on this day three months :" the consideration of this motion was postponed, and the bill was subsequently aban- doned. It may be here observed, that a motion to postpone the consideration of a bill for three or six months, offered at any stage, is, if agreed to, equivalent to a rejection of the bill for that Session.* Private Bills on the Orders of the Day, in the Bifrdays, House of Commous, are called up on Mondays, Commons, jiximediately after the daily routine of business ; on "Wednesdays and Fridays they are called for the first hour, at the evening sitting ; while on Tuesdays and Thursdays they do not appear on the Orders at all.f Private Bills in the hands of members of the Administration, are placed among the " Government Orders" on Government days (Tuesdays and Fridays). In the Senate, no days are specially appointed for the consideration of private bills, but they come up from day to day, according to their relative position upon the Orders of the Day. * May, p. 673. t 19th Rule, Commons. 101 solve it- ay three don was ly aban- i motion )r three f agreed for that ^, in the [ondays, •usiness ; ailed for tvhile on ppear on le hands placed ernment >nate, no deration ly to day, pon the 12.— PJlOCEEDINaS IN COMMITTEE OF THE WHOLE. All Private Bills, after the second reading, arc Reference at once referred to a committee of the whole mittee of House, for consideration on some future day. "^ ^^^^^^ Several bills may be considered in committee at the same time.f Counsel may be heard at the Bar of the House, Hearing of at this or any other stage,t but the usual time is at the second reading. (See Remarks on this sub- ject, under " Second Reading of Bill," ante, p. 98.) It may be well to remark here, that while it is, of course, comj)etent to the House to amend or * This differs from the practice in the Imperial Parliament, where such private bills as are reported without amendment are ordered for a third reading j while those reported with amend- ments are referred to the Chairman of Ways and Means, and the Speaker's Counsel, to report whether (in their amended form) Ihey contain the provisions recjuired by the Standing Orders, &c. May, p. 729. t May, p. 467. Also, Assembly Journ., 1860, p. 445; 1861, p. 319; 166.3 (Aug. Sees.), p. 173; 1864, p. 373; 1865 (Jan. Seas.), p. 234 ; 1866, p. 195. May, p. 460. 102 PROCEEDINGS IN ':> :\ ph 'I ' II''' '■ ■ [I'jr Amend- ments of select com- mittees generally accepted by the House. Evidence of Speaker ofH. ofC. on this subject. All reject any bill after it has been reported by a select committee, and to amend or reject any of the pmendments agreed to by the committee, prac- tically this right is rarely exercised. The inabil- ity of the House to discuss a private bill ui^on its merits in the absence of such information as evi- dence alone can supply, renders its reference to a Kelect committee indispensable ; and the House practically delegates its responsibility to that com- mittee, and almost invariably accepts their de- cision. The principle thus acted upon by our Canadian Legislature, has been established in the Imperial Parliament as the resiilt of a very long experience in private bill legislation. The Right Hon. John E. Denison, Speaker of the H-ouse of Commons, a very high authority in all matters connected w4th either i^ublic or private Par- liamentary business, m his evidence before a com- mittee of that House upon the Business of the House, in 1861, says, in reference to this ques- tion, — " K you look at the precedent of private " legislation, you v^dll see that some few years ago " it was held that it would be quite impossible to '• concede such enormous mterests as railway in- " terests to a committee of five men ; but these " enormous interests, such as the consolidation of " all the railways in the centre of Scotland, which " was discussed before the House of Commons the " other day, and the great question of the docks at y a select y of the ie, prac- le inabil- ui>on its n as evi- ence to a 3 House hat com- their de- 1 by our ed in the ery long [le Eight I-ouse of matters ate Par- re a com- ss of the his ques- private 'ears ago )ssible to Iway in- ut these dation of d, which nons the docks at COMMITTEE OF THE WHOLE. 103 *' Liverpool and the Mersey, now go to five men " appointed by the Committee of Selection, and " practically there is no appeal from their decision, " because the House has been obliged almost to " adopt as a rule that it will not interfere with the "decision of committees."* In a subsequent part of his evidence, after re-iterating this state- ment, he adds, that the House is more disposed to support the decision of the committee, because the smallness of the number of the members in- creases the responsibility of the committee. f In pursuance of this principle, the practice has Amend- prevailed of late years, in the Lower House, in ^mSittL the consideration of private bills in committee of j°g*'^™jjjj" the whole, of not treating the amendments made ^^*>^''' by the select committee as amendments, but con- sidering the bill, as amended, as a whole ; thus in reporting the bill to the House, the chairman re- fers only to the amendments made in com- mittee of the whole. Bills from the Senate form a necessary exception to this practice, as every amendment made to the bill as sent down from that House must be communicated for its concur- rence. Before the House resolves itself into committee on a bill, an instruction may be given to the com- * Report from the Select Committee of the House of Com,- mona, on the business of the House, 1861. (Ans. to Ques. 155.) f Same Report. (Ana. to Ques. 183 to 186, 192.) ■■ hi 104 InstruvJ- tioDS to committoo of whole. Power to amend in committee limited. Special iU' 8tr action. PROCEEDINGS IN mittee, empowering them to make provision for any matters not relevant to the subject matter of the bill. An instruction is not ordinarily compnl- sori/, but rather permissive ; a mandatory or com- pulsory instruction may, however, be given, and instances are to be found in which committees on bills have been instructed " that they do make provision," &c., or " do make two bills into one."* An instruction should always be made a distinct question, after the order of the day has been read, and not as an amendment to the question for the Speaker leaving the chair, unless its object be to prevent the sitting of the committee ; as the amend- ment, if agreed to, supers 3des the question for the Speaker leaving the Chair.f No amend- ment which is irrelevant to the bill (as extending its operations beyond the limits expressed in the preamble and title, &c.) can be made without an instruction.! If any amendment be made that is not within the title of the bill, the com- mittee amend the title accordingly, and report the sam3 specially to the House. § In the Session of 1852-3, the committee of the whole on the bill to empower the Municipal * May, p. 461. f May, p. 362. t May, p. 474. § Standing Order, British House of Commons, 19th July, 1854. Bristowe, p. 133. mg COMMITTEE OF THE WHOLE. 105 ovision for : matter of ily compul ry or com- jiven, and mittees on y do make into one."* ! a distinct been read, ion for the bject be to ;he amend- iiestion for o amend" extendinir 5sed in the le without be made the corn- report the ttee of the Municipal 3, 19th July, Council of the County of Two Mountains to sub- scribe for stock in any railway passing through that county, was instructed to inquire into the expediency of the extending its provisions to the County of Terrebonne. The bill was amended accordingly and passed, and w^as subsequently amended by the Legisl' ive Council so as to ex- tend its operation also to the counties of Rou- Wlle and Missisquoi. When it may be found necessary to insert, in a private bill, a clause affecting the public revenue, property, or credit, the authority therefor must (with the consent of the Government) emanate from a committeee of the whole : thus, in 1866, the Canada Vine G-rowers' Association having applied for an Act of incorporation, a bill was in- troduced and proceeded with in the ordinary way ; and the consent of the Government having been obtained, a Resolution (originatmg in committee of the whole) was passed by the House, exempt- ing the wines made by the Association from excise duties for a term of ten years ; and the Resolution was referred to the committee of the whole on the bill, to make the necessary provision therein. In 1867-8, this exemption was extended for a further period of two years, — the same course being taken as before. "When it is intended to propose any important amendment in committee of the whole, or at the Clauses afifeoting public re- venue,&Cv originate in com- mittee of whole. Notice to be given of ameud- mentd' j'ill Ir ;'i: Hi! 106 PROCEEDINGH IN Course of proceeding in commit- tee of the whole. Amend- ments, Glauses postponed. third reading, one day's notice thereof must Le given.* In the committee of the whole, the same course is adopted as in the select committee, — the question being proposed on the preamble first, f The chairman then reads the number of each clause in succession, with the marghial note which ex- plains its objects. If no amendment be offered to a clause, he at once puts the question, '• That this clause stand part of the bill," and proceeds to the next. When an amendment is proposed, he states the line in which the alteration is to be made, and puts the question in the ordinary form. No amendment can be made to a clause after the committee has passed on to another clause ; nor can any amendment be offered to any clause which is irrelevant to the subject matter of such clause but the same should be submitted, as a separate ^® ^\ clause, at the end of the bill.J Clauses may be postponed, unless they have been amended, when it is not regular to postpone them. Postponed clausi (lispo! broujj the w man t AVheii chain bill w inente sitting Speak chain chair, had g( ments the b witno close eave y * 68th Rule. In the Commons of G. B., every such amend- ment is also, in ail cases involving a necessity therefor, referred to the Committee en Standing Orders for their report. May, p. 728. f In this respect di6fering from the course pursued upon public bills, the preamble of which is postponed until the clauses have been settled. i May, p. 469. )emg Iloust 3ook t is Ih )oint eed ^ • Ma; \ Ma [ must l>e me course e question it t The ach clause which ex- 5 offered to ' That this »eds to the posed, he 11 is to be nary form, e after the ause; nor luse which ich clause es may be ded, when Postponed COMMITTEE OF THE WHOLE. 107 clauses are considered after the other clauses are disposed oi, and before any new clauses are brought \\\). If the committee cannot go through Report, the whole bill at one sitting, they direct the chair- man to report progress, and ask leave to sit again. When the bill has been fully considered, the chairman puts a question, " That I do report this bill without amendment," or " with the amend- ments, to the House ;" which being agreed to, the sitting of the committee is concluded, and Mr Speaker resumes the chair : ui^on which the chairman approaches the steps of the Speaker's chair, and reports from the committee that " they had gone through the bill and had made amend- ments thereto," or that " they had gone through the bill and directed him to report the same witnout amendment." * Sometimes, however, a separate ^^® proceedings of a committee are brought to a close by an order " That the chairman do now eave the chair ;" in which case the chairman, )eing without instructions, makes no report to the [fouse, and the bill disappears from the Order such amend- ^^^^ ^^^^ ^^ generally regarded as defunct ; but t is nevertheless competent for the House to ap- ort. May, p. )oint another day for the committee, and to pro- ieed with the bill.f pursued upon til the clauses , ,, .^^ May, p. 476. \ May, p. 476. ■■;'1V Proceed - lags after report. 108 PROCEEDINGS IN COMMITTEE. When the chairman has reported the bill to the House, the entire bill is open to consideration, and amendments may be made, and new clauses added (of which due notice has been given, as above mentioned), or the bill may be re-committed for further amendment.* If amendments have been made in committee, the question is at once put upon each amendment, in the order in which it stands in the bill ; or the consideration of the bill, as reported, may be postponed to a future day. If any of the amendments are supposed to be in excess of the Notice given by the promoters of the bill, the proper course is to refer them to the Committee on Standing Orders for their re- port.! When the bill has been reported, and the Third read- amendments made in committee (if any) have ing order- , . ^ '^ ' od- been disposed of by the House, it is ordered for a third reading on the following day. The practice of engrossing on parchment, all bills ordered for a third reading, was discontinued in 1851, when both Houses agreed to substitute bills i)rinted by the Queen's Printer, for the engrossed copies : a further change was made in 1862, when the printing of these bills was transferred to the Par liamentary contractors, with whom it still remains ♦ May, p. 478. t Ottawa & Prescott Railway, 1865 (Jan. Sesa.); Cobour & Peterboro' Railway, 1865 (A.ug. Sess.) 100 bill to the dderatioii, i\v clauses given, as iommittod ents have is at once r in which ion of the to a future ipposed to promoters ;er them to 3r their re- , and the any) have dered for he practice ordered for 851, when l)rinted by . copies : when the to the Par- ;ill remains 33.); Cobourg 13.— TllirvlJ liEADING OF BILL. Private bills on the Orders oi the Day for a xime for third reading, take precedence, on Private Bill '^^^ '^°*'*- days (sec remarks under "Second reading of Bill"' supra, p. 100) of all other Orders."'* At this stage it is not customary to make any amendments but such as are merely verbal ; no important amend- ment may be proposed without one day's notice thereof:! if it be considered necessary, the order for the third reading* may be discharged, and the bill re-committed. This is usually the stage at which the Queen's Rights of consent is signified to any bill affecting the Y>ro- ^^* ^"^'^°' party or interests of the Crown .J The order for the third readini? beini? read, the Passage member in charge of the bill moves 1st, " That the bill be now read a third time; 2nd, " That the bill do now pass, and that the title be," &c. The * 20th Rule, Commons. 48th Rule, Senate, t 63th Rule (both). t May, p. 732. 10 ^PPfiUPIl ii iitfi PI i iili ! I! I M\ no No Stand- ing Order eufpended trithout notice. Bills amended by Senate. Amend- ments re- ferred, in certain cases. THIICD READING OF BILL. Clerk is then ordered to carry the oill to the Senate, and desire their concurrence. Every stage of a private bill, in its passage through the House of Commons, has now been described. It may be here mentioned, that, in accordance with the practice on public bills, a bill may, upon urgent and extraordinary occa- sions, be advanced two or more stages in one day,^ but except in cases of urgent and x^ressing neces- sity, no motion may be made to dispense with any Standing Order relative to private bills with- out due no^'^e,t printed in the Votes. Ifa bill bo subsequently returned from the Senate with amendments, the member in charge (or any other member acting for him) moves " That the amendments made by the Senate to the Bill (title) be now taken into coi^sideratidn." They are then read by the Clerk a first time, and if merely verbal or unimportant, they are read a second time, and may be at once agreed to ; the Clerk is then ordered to carry the bill to the Senate. If any of the amendments be important, they are referred to the Standing Committee to which the bill was originally referred,^ and all further pro- * 43rd Rule. t 70th Rule. t 69th Rule. See Guelph & Lake Huron Railway, 1864 ; St. Charles Bridge, 1866 ; Port Hope, L'nd-iay & Beavertoa Railway, 1866. THIRD READING OF BILL. Ill to the passage )W been that, ill 3 bills, a iry oc ca- ne day,* iq: neces- ise with lis with- .e Senate ! (or any That the Bill (title) are then f merely I second Clerk is nate. If they are i^hich the ther pro- ceedings on the matter are suspended until their report is received. The practice in the Senate with reference to any of their bills which may have been returned from the Commons with amendments, differs somewhat from that of the Commons in this re- spect, — ^leaving it optional to refer the amend- ments to the select committee, or to 'i committee of the whole* If the House disaj;free to one or more of the amendments, a committee is appointed to draw up the reasons for disagreeing, and they are com- municated to the Senate at a conference,! and an opportunity is thus afforded to the Senate of not insisting upon the amendments objected to; or the reasons may be set forth in the motion for disagreeing, and communicated by message .J In the event of both Houses refusing to yield the point in discussion, the bill is withdrawn or aban- doned. § In case a bill should not be proceeded with in the Senate, in consequence of amendments having been made which infringe the privileges of the Lower House, the same proceedings are adopted DilU by Coiu- Amo'id- mentd Ai9- agrood to. Bills not proceeded with in Senate. way, 1864 ; ; Beavertoa * 69tli Rule, Senate, t Levis incorporation, 1861. X Quebec Corporation, 18GG. § Sherwood, p. 74. 112 THIRD RE fVDINO OF BILL, as in case of a public bill. A committee is ap- Committee pointed to scarch f xC Journals of the Senate, and to search -•• Journals, on their report, another bill may be ordered, in- cluding the amendments made by the Senate.* May, p. 733. #1 113 14.— PROCEEDINGS ON PRIVATE BILLS IN THE SENATE. The proceedings on private tills in the Upper House differed materially from those in the Lower House, until the year 1861 ; but in that year the Procecd- ings nearly Legislative Council adopted Private Bill Rules identical identical with those of the Legislative Assembly, of com- Some changes were made in these Rules by the °^^^^' House of Commons, in the first Session after Con- federation, — the most imj^ortant of which consist- ^*^®p''°°' ed in the reference of bills after the^rs^ instead of the second reading (hereinbefore referred to) : this change, and certain minor alterations contmgent upon it, were not adojited by the Senate, and bills before that House are therefore referred, as here- tofore, after the second reading. In other respects the proceedings of the two Houses may be said to be identical.* AVhcn any such bill has been * The House of Lords have ceitain Stauding Orders which are not common to both Houses. By one called the " Wharn- cliffe Order," it is provided that no bill empowering an existing company to execute or contribute to works, other than those for which it was origiaally constituted, or for the amalgamation, 114 PROCEEDINGS IN ii r Evidence, referred to a select or standing committee, the same course is taken for obtaining evidence upon the preamble ; or the committee can, if they de- sire it, instruct their chairman to move that a messag3 be sent to the Commons, requesting that the proofs and evidence on which tjie bill is founded may be communicated,* and these, when received, are referred to the committee. BitVng of 111 ^^Q case of bills upon which notice by adver- committeo. tisement is required by the Rules, the committee give twenty-four hours' notice of their sitting.f By far the greater number of private bills are P"^*r1"„ introduced first in the Commons, but no arranffe- tion of bills ' ® in either mcut has yet been effected between the two Uouse. Houses, similar to that in operriion in the Imperial Parliament, for regulating the class of bills which should originate in each House. A reference to dissolution, or abandonment of the company, will be allowed to proceed without proof that a meeting of the proprietors was 'ield, at which the bill was approved. There are also (under other of their Standing Orders) special matters required to be proved, or to be done, in certain classes of bills ; and it is especially pro- vided that no bill for the regulation of any trade, or the exten- sion of the term of a patent, is to be read a second time, until a select committee has reported upon the expediency of taking it into further consideration. May, pp. 738 to 740. * Pickering Harbour and Road Bill 1852-3 ; Bill to remedy defects in title to Lot 4, Broken concession A and B, township of Hamilton, 1854-5. t 60th Rule, Senate. ee, the le upon hey de- j that a ing that bill is L these, imittee. T adver- nmittee ting.f 3ills are irrange- he two mperial which jiice to ill owed to was 'icld, r other of roved, or nally pro- he exten- le. until a taking it remedy township THE SENATE. 115 the remarks on this subject in the rreiiminary Chapter, and the corresponding Note, will ex- plain the nature of this arrangement, {supra, p. 5.) Divorce Bills are introduced first in the Senate, Divorcb and there are certain Standini? Orders concerninc: ^^^^ ' them which are peculiar to that House. On the presentation of the jietition, a sum of $100 is de- Fee. posited in the hands of the Clerk,* in place of the fee levied upon other private bills after the second reading. Notice of the application must be published in the Official Gazette, and in two Notice, other newspapers, during six months before the presentation, instead of two months,! and various matters must be proved on the reading of the petition, which are specified in detail in the Chap- ter headed " Proof of Notices," &c. [supra, p. 38.) The bill, when presented, cannot be read a First and second second time until 14 days shall h?ve elapsed from reading of the first reading : a notice of the day ai)pointed ^ ^ therefor, with a copy of the bill, are served on the party from whom the divorce is sought ; and. proof, on oath, of such service (where the same is possible) is adduced at the Bar before the second reading.^ The petitioner attends below the Attend- Bar, at the second reading, to be examined gene- petitioner, rally, or as to any collusion between the parties * 84th Rule, Senate. t 73rd Rule, Senate. % 77th Rule, Senate. I 116 Examina- tion of witnesses. Counsel. Summons for wit- nesses. Bill re- ferred to committee of whole. Prohibit- ory clause. proce:edings in to obtain a separation, unless such attendance is dispensed with.* After the second readiiio-, witnesses are examined at the Bar, on oath, in support of the bill, the preliminary evidence being- that (by certificate or otherwise) of the due cele- bration of the marriage of the parties.f The counsel for each party may be heard at the Bar, either on the evidence, or on the provision for the future support of the wife.| AVitnesses are notified by a svimmons under the hand and seal of the Speaker, served at the expense of the party applying therefor, by whom also their expenses are defrayed. § Any witness refusing to attend is taken into the custody of the Usher of the Black Rod, and is liable for all expenses attending such default. II After the second reading, the bill is referred, not to a select or standing committee, but to a committee of the whole House. ^ No bill to dissolve a marriage on the ground of adul- tery is received, without a clause prohibiting tho offending party from marrying ; but this clause is struck out in committee, or on the report, ex cept in very peculiar cases.** In all subsequent * 78th Rule, Senate. t YOthRule, Senate. t 80 th Rule, Senate. § 81st Rule, Senate. II 82nd Rule, Senate. ir May, p. 151. *-* May (Edit, of 1855), p. 811. THE SENATE. 117 iidaiice is readiiis'. 11 oath, in nee being- due cele- is.f The it the Bar, vision for lesses are 1 and seal ■ the party expenses to attend ^ the Black ding such the bill is ommittee, ise. t No id of adul- .biting the his clause report, ex- absequent proceedings, divorce bills arc dealt with in the same manner as other private bills. If any mat- Unprovi- ter not provided for by the Rules should arise, reference is had to the Rules and practice of the House of Lords.* "When the bill is reported, and any amendments that may have been made are disposed of by the House, it is ordered to be read a third time on a future day, when it is read a third time, passed, and sent to the Com- mons in the usual form. Bills for the reversal of attainders, or for there- Reversal of storation of honors and lands, are first signed by 4c!^'° *"' the Governor General, and are presented in the Senate (without a previous petition) by command of His Excellency ; f after which they pass through the ordinary stages, and are sent to the Commons. Here the Queen's consent is signified before the first reading ; and if this form be over- looked, the proceedings will be null and void. After the second reading,^ thoy may be ordered to be read a third time on a subsequent day, with- out reference to a committee. Such bills receive * 85th Rule, Senate. t Matthews' attainder reversal ; Council Journ.,1816, p. 147. t In the British House of Commons, such bills, after the second reading, are committed to several members specially nominated, " and all the members of this House who are of Her Majesty's most honorable Privy Council, and all the gentlemen of the long robe." May, p. 750. '"^" I. ■,-,i,lill,J!ll!)JHliPipip i-'-rtl * rr^-^ir'* 118 PROCEEDINGS IN THE SENATE. t Senate. the Royal Assent in the usual form, as public bills* The bills sent down to the Commons pass in'gsln'^' through the same stages, and are subject to the Commons game rules, as other private bills, except that on bills ' ^ ' ^ ^ from divorce bills are referred to a selected instead of a standing committee. When any private bill (not being a divorce bill)! is so received, that is not based on a petition which has been already reported on by the Committee on Standing Or- ders, it is taken into consideration and reported on by the said committee, after the first reading,! "with reference to the notices required by the Rules. * May, p. 751. t May, p. 757. 1 54th Rule. as public 119 ions pass 3ct to th-j 3ept that iistead of Lvate bill d, that is 11 already tiding Or- [ reported reading,! ed by the Publio Act" dauae. 15— ROYAL AS8ENT. Private bills receive the Royal Assent in the same manner and form, and at the same time, as public bills. Heretofore, every private Act, al- most without exception, contained a clause de- claring that it " shall be deemed a i^ublic Act." The effect of this clause was that it should be construed as an enactment that such Act should be judicially noticed by all Judges, Justices of the Peace and others, without being specially pleaded ; whereas j^rivate Acts which did not contain such a clause could be judicially noticed only when specially pleaded. But by the " In- ah Acta terpretation Act" x>assed in 1867, it is expressly ed to be provided that " every Act shall, unless by express Acta, provision it is declared to be a Private Act, be deemed to be a Pubhc Act, and shall be judicially noticed by all Judges, Justices of the Peace, and others, without being specially pleaded ; and all copies of Acts printed by the Queen's Printer, shall be evidence of such Acts and of their con- tents."* * 31 Vic, cap. 1, sec. 7., sub-sec. 38. 120 ROYAL ASSENT. with tho ■Statutes. I ! Until the year 1849, private Acts were printed ^'r/vatoacfs ^^'^^^^ ^^^^ pubUc statutes, aud bound together in the same volume. In that year, an Act was I^assed" which provided that local Acts should be printed (at the expense of the Province) in such number only as should suffice for distribu- tion to the Judges, Public Departments, and ce: tain local functionaries ; and that of private or personal Acts, 150 copies only should be printed, at the expense of the parties obtaining the same. Under this arrangement no private Acts of any class were printed for general distribution with the Statutes ; and the inconvenience attending it was so strongly felt, that in 1851 an Act was passed t i^roviding for the printing and distri- bution of all local, x:>rivate, and personal Acts, in the same manner, and to the same extent as the public Acts, — reviving, in fact, the former prac- tice of binding up all the Acts of a Session, pub- lic and private, in the same volume. But by the "Interpretation Act" of 1867, it is provided that the Governor in Council may direct the distribu- tion of the Statutes in such manner, either by the binding of the Public G-eneral Acts, and Acts of a local or private character, in separate volumes, or by binding them together in the same volumes * 12 Vic. cap. 16. t 14, 15 Vic, cap. 81. ROYAL A8SENT. 121 i printed Tether in Act was s should riiice) in distrilm- , and ce: )rivate or } printed, the same. ts of any ;ion with ;ending it L Act was id distri- 1 Acts, in ent as the mcr prac- sion, pub- Jut by the rided that distribu- ler by the Acts of a )lumes, or volumes with separate indexes or otherwise, as may be deemed expedient.* It may be worthy of con- sideration whether the public convenience would not be sufficiently consulted by printing a limited number (say 500 copies) of the local and private Acts, binding them in a supplementary volume, and distributing them with the public Acts only where they are really required.! This w^ould cause a large saving in the cost of printing, and would disencumber the Statute Book of a mass of enactments which have no bearing on the statute law of the land. * 31 Vic, cap. 1, sec. 13. t All such private Acts of tlie Imperial Parliament as con- tain the ''public" clause are printed in a separate collection, and are known as local or personal Acts. Another class, con- sisting chiefly of inclosure, drainage, and estate Acts, are printed by the Queen's Printers, and contain a clause declaring that a copy so printed "shall be admitted as evidence thereof by all judges, justices and others," and a further enactment that the "Act shall not be deemed a public Act." A third class, con- sisting of name, naturalization, divorce, and othar strictly per- sonal Acts, are not printed ; but a list of them is inserted by the Queen's Printers after the titles of the other private Acts. May, pp. 759, 760. 11 122 APPENDIX I. RULES COMMON TO BOTH HOUSES IN RELATION TO rPvIYATE BILLS. 40. No retition for any Private Bill is received Petition 8 for Privuto by The House [Senate] after the first three weeks of each ^Session ; nor may any Private Bill be pre- sented to The House [Senate] after the first four weeks of each Session ; nor may any Report of any Standing or Select Committee upon a Private Bill be received after the first six weeks of each Session. [And no Motion for the general suspen- sion or modification of this Rule shall be enter- tained by The House, unless after reference made thereof at a previous sitting of The House, to the several Standing Committees charged with con- sideration of Private Bills, or upon Report sub- mitted by two or more of such Committees.]* * This sentence occurs in the Commons Rule only. RULES RELATIVE TO PRIVATE BILLS. 128 USES received ^e weeks 1 be pre- irst four eport of , Private ; of each suspen- 36 enter- ic e made se, to the rith con- tort sub- ?es.]* 60. The Clerk of The House [Senat?] shall, dur- P'»»>»o*\ ing each Recess of Parliament, publish weekly cierk, of in the Official Gazette, the following Rules re- tire to Nc- specting Notices of intended appHcations for Pri- '*' vate Bills, and in other newspapers (English and French) the substance thereof; and shall also, im- mediately after the issue of the Proclamation con- vening Parliament for the despatch of business, publish in the Official G-azetce, and in other newspapers, as aforesaid, until the opening of Parliament, the day on which the time limited for receiving Petitions for Private Bills will ex- pire, pursuant to the foregoing Rule ; and the Clerk shall also announce, by notice affixed in the committee rooms and lobbies of this House [the Senate] by the first day of every Session, the time limited for receiving Petitions for Private Bills, and Private Bills, and Reports thereon. 51. All applications for Private Bills, x^roperly Notices for the subjects of legislation by the Parliament of Bills. Canada within the purview of. " The British North America Act, 1867," whether for the erec- tion of a Bridge, the making of a Railroad, Turn- pike Road, or Telegraph Line ; the construction or improvement *"'' a Harbour, Canal, Lock, Dam or Slide, or othe. like work ; the granting of a right of Ferry ; the incorporation of any particular Trade or Calling, or of any Banking or other Joint Stock Company ; or otherwise for granting to any 124 RULES RELATIVE TO •Ilii till i In ■ individual or individuals any exclusive or pecu- liar rights or privileges whatever, or foi doing any matter or thing which in its operation would affect the rights or property of other parties, or relate to any particular class of the community ; or for making any amendment of a like nature to any former Act, — shall require a Notice, clearly and distmctly specifying the nature and object of the application, to be published as follows, viz.: — In the Province of Quebec — A Notice inserted in Notices for ih^ Official Gazette, in the English and French BUh^ ^ languages, 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 G-azette, and in a paper published in an adjoining District. In any other Province — A Notice inserted in the Official Gazette, 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 newspaper is published. Such Notices shall be continued in each case for a period of at least two months, during the in- terval of time between the close of the next pre- PRIVATE BILLS. 125 c*r pecu- )iiig any L would rties, or nunity ; ature to clearly I object follows, erted in French English, lage, in lages if .0 paper ges) in Lshed in d in the ibHshed cted, or \en in a 1 which tch case I the in- ext pre- ceding Session and the consideration of the Peti- tion. 52. Before any Petition pravinj? for leave to TollBridge •' 1 ' Bills. bring in a Private Bill for the erection of a Toll- bridge, is present <^d to the House [Senate], the person or persons intending to petition foi such Bill, shall, upon giving the Notice jirescribed by the preceding Rule, also, at the same tinie, and in the same manner, give Notice of the Rates wh'.jh 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 mentioning also whether they intend to erect a drawbridge or not, and the dimensions of the same. 53. Petitions for Private Bills, when received Petitions by The House [Senate], are to be taken into con- p^orteroa sideration (without special reference) by the Com- l^ng'^'o'rdera mittee on Standing Orders ; which is to report in Committee each case, whether the Rules with regard to No- tice have been complied with ; and in every case where the Notice shall. prove to have been insuffi- cient, either as regards the Petition as a whole, or any matter therein which ought to have been specially referred to in the Notice, the Committee is to recommend to The House [Senate] the course to be taken in consequence of such insufficiency of Notice. r * 0-*. All Private Bills from, the Senate [House of ■^^pppii I ■ ' 126 Private Bills from Senate. SuspoDsion of Rules. Introduc- tion of Private Bills. Letters Patent, or Agree- ments. Fees, and cost of pre- paring and printing Private Bills. RULES RELATIVE TC Commons], (not being based on a Petition which has already been so reported on by the Committee) shall be first taken into consideration and report- ed on by the said Committee in like manner, after the First Reading of such Bills, and before their consideration by any other Standing Committee. 55. No Motion for the suspension of the Eules upon any Petition for a Private Bill is entertained, unless the same has been reported upon by the Committee on Standing Orders. 56. All Private Bills are introduced on Petition, and presented to The E J [Senate], [upon a motion for leave, to be made on a Monday, Wed- nesday, or Friday, immediately before the calling of the Orders for Private Bills, — and * ] after such Petition has been favorably reported on by the Committee on Standing Orders. 57. "When any Bill for coniinning any Letters Patent or Agreement is presented to The House, [Senate] a true copy of such Letters Patent or Agreement must be attached to it. 58. The expenses and costs attend' ii Private Bills giving any exclusive privilege, ' for any object of profit, or private or corporate or indi- vidual advantage; or for amending, extending, or enlarging any former Acts, in such manner as to confer additional powers, ought not to fall on * These words occur in the Commons Rule only. tion which 'ommittee) md report- nner, after ?fore their Dmmittee. the Hules itertained, >on by the 11 Petition, e], [upon a day, Wed- ;he caUing after such on by the ny Letters he House, Patent or ui Private ' lor any e or indi- ixtending, nanner as to fall on PRIVATE BILLS. 127 the public ; accordingly the parties seeking to Foes and obtain any such Bill, shall be required to pay into '^^^''s®^- the Private Bill Office the sum of one hundred dollars, immediately after the [First Reading * ] thereof: and all such bills shall be prepared in the English and French languages, by the parties ap- plying for ^he same, and i^rinted by the Contrac- tor for printing the Bills of The House [Senate], and 500 copies thereof in English and 200 copies in French shaU be deposited in the Private Bill Office [and distribution thereof made, before the First Reading! ] ; and no such Bill shall be read a Third time until a certificate from the Queen's Printer shall have been fyled with The Clerk, ;hat the cost of printing 500 copies of the Act in ^nghsh and 250 in French, for the G-overnment, las been paid to him. The Fee payable on the [First Reading * ] of Fee, and my Private Bill is paid only in the House in which printing, inch Bill originates, but the cost of printing the ''^"^ p*^**' ame is paid in each House. 59. Every Private Bill, when read a [First time Bills and :] is referred to the Committee on Private Bills, referred.^ f any such shall haA'e been appointed, or to some )ther Standing Committee of the same character ; * ^^ Second reading," in Senate Rule. t In the Senate Rale, the words '' before second reading," ccur in place of those between brackets. t '< Second iime,^^ in Senate Rule. 128 KULES RELATIVE TO and all Petitions before The House [Senate] for oi against the Bill are considered as referred to such Committee Committee. Commons. 60. No Committee o]i any Pri- o}!!^^.*!L ^^^^G BiP., originating in this House, of which Notice is required to be given, is to consider the same un- til after ten clear days' Notice of the Sitting of such Committee has been first affixed in the Lobby; nor, in the case of any such Bill origina- ting in the Senate, until after two days' like Notice. And no Motion for any general suspension or mod- ification of thisEule, shall be enter- tained by theHouse, unless after re- ference made thereof at a previous sitting of The House, to the sever- al Standing Committees charo-ed with consideration of Private Bills, or ui^on Eeport submitted by two or more of such Committees. 2. On the day of the posting of in the case of any such Bill any Bill underthis Rule, the ChiefiiT,^ t ^kk,^ . „^^ Clerk of the Private Bill Office, ^^® ^^^^^ ' '''*'' shall append to the printed Votes and Proceedings of the day, a No- tice of such posting : and he shall also append to the .Votes of each day, a Notice of the meetings of any of the Standing Committees charged with the consideration of til after twenty- Private Bills or Petitions therefor, ^^j. j.^^^^, ^^^ that may have been appomted lor the following day. notice. 61. A copy of the Bill containing the Amend- Senate. 60. No Com- mittee on am Private Bill ori ginating m th* Senate,ofwhicli Notice is re quired to be given, is to con- sider the same until after a week's notice of the Sitting of such Com- mittee, has been first affixed iu originating the House Commons, 111 of ail ^111 men Con Offic Con 62 be a quir mitt( cons mail' the( Com who; Com offeci ed to 63. Bills ing t the Y or ca 64. whic! Hous [Sena Bill 1 plate< byth 65. PRIVATE BILLS. 129 Late] for oi ed to such ENATE. No Com- e on ain ite Bill ori ing ill th^ [e,ofwliicl ie is re- el to be 1, is to con- the sanK after a :'s notice le Sitting uch Com e, has been affixed iu obby ; nor, le case of such Bill rating in House of nons, an- er twenty- hours' like e. le Amend- ments proposed to be submitted to the Standing Committee, shall be deposited in the Private Bill Office, one clear day before the meeting of the Committee thereupon. 62. All persons whose interest or i^roperty may be affected by any Private Bill, shall, when re- quired so to do, appear before the Standing Com- mittee touching their consent, or may send such consent in writing, proof of which may be de- manded 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 i)osition to effect the objects contemplated, and have consent- ed to become incorx^orated. 63. All questions before Committees on Private Bills are decided by a majority of voices, includ- ing the voice of the Chairman ; and whenever the voices are equal, the Chairman has a second or casting ^'ote. 6-4. It is the duty of the Select Committee to which any Private Bill may be referred by The House [Senate], to call the attention of The House [Senate] specially to any provisioii inserted in such Bill that does not appear to have been contem- plated in the Notice for the same, as reported upon by the Committee on Standing Orders. 65. The Committee to which a Private Bill Deposit of filled up Bill in Pri- vate Bill Ofilce. Conaent of parties in- terested. Voting in committecB Extraordi- nary pro- visions in Bills. 130 RULES RELATIVE TO i I m Report of may have been referred, shall report the same to CommUtee. ■' The House [Senate], in every case ; and when a;iy material alteration has been made in the Preamble of the Bill, such alteration, and the reasons for the same, are to be stated in the Report. Preambi ^^' ^^^^^^ ^^® Committee on any Private Bill notrroved. report to The House [Senate] that the Pre ■ nble of such Bill has not been proved to their satisfac- tion, they must also state the grounds upon which they have arrived at such a decision ; and no Bill so reported upon shall be x:)laced upon the Orders of the Day unless by special order of The House [Senate]. [2. Private Bills otherwise reported to The House by such Committee, shall be j)laced upon the Orders of the Day following the reception of the Report, for a second reading, in the proper order, next after Bills referred to a Committee ol the Whole House.* ] 67. The Chairman of the Committee shall sign with his name at length, a printed copy of the Bill, on which the Amendments are fairly written, 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 the amendments written thereon, shall be pre pared by the Clerk of the Committee, and fyled Chairman to sign Bills and Amend- ments. I I * This paragraph occurs in the Commons Rule only. ; the same to id when apy le Preamble asons for the Private Bill .e Pre.- nble heir satisfac- upon which ; and no Bill 11 the Orders The House ted to The placed upon recejition ol . the propel Committee ol ,ee shall sign copy of the lirly written of his name lauses added he Bill, with hall be pre- e, and fyled i only. PRIVATE BILLS. in the Private BiV. Office, ^r attached to the Re- port. 68. No important Amendment may be i^roposed to any Private Bill, in a Committee of the "Whole House, or at the Third Heading of the Bill, unless one day's notice of the same shall have been given. 69. When any Private Bill is returned from the ^Senate [House of Commons] with amendments, the same not being merel) verbal or unimportant, such amendments are, i)revious to the Second Reading, referred to [a Committee ol the Whole, or to * I the Standing Committee to which such Bill was originally referred. 70. Except in cases of urgent and pressing ne- cessity, no Motion may be made to dispense with any Standing Order relative to Private Bills, with- out due notice thereof 71. A Book, to be called the '• Private Bill Re- gister," shall be kept in a room to be called the " Private Bill Office," in which Book shall be en- tered, by the Clerk api)ointed for the business of that Office, the name, description, and place of residence of the parties applying for the Bill, or of their agent, and all the j)roceedings thereon, from the Petition to the passing of the Bill ; such entry to specify briefly each proceeding in The House [Senate], or in any Committee to which * These words occur in the Senate Rule only. 131 Amend- ments by the House. Bill amendoJ by Senate, Dispensing withstand- ing Orders. Private Bill Regia- ter. 132 RULES RELATIVE TO '^Kj' liili 1 ! I ! Private £111 Com- mittees. Unprovid- ed ca?es, Senate. Parlia- mentary Agents. the Bill or Petition may be referred, and the day on which the Committee ifi appointed to sit. Such book to be open to i)ublic insi)ection daily, during Office hours. 72. The [Chief* ] Clerk of the Private Bill Office shall i:)ropare, daily, lists of all Private Bills, and Petitions for such Bills, upon which any Com- mittee is appointed to sit, specifying the time of meeting and the room where the Committee shall sit ; and the same shall be hung up in the Lobby. (The following Rules may also be given, as bearing on the practice in Parliament in relation to Private as well as Public Bills.) (Senate.) 113. — In all unprovided cases,the rules, usages, and forms of the House of Lords are to be fol- lowed. {Commons.) 73. — Every Parliamentary Agent conducting proceedings before the House of Commons, shall be personally resx)onsible to the House and to the Speaker for the observance of the rules, orders and practice of Parliament, and rules pre- scribed by the Speaker, and also for the payment of all fees and charges ; and he shall not act as a * In Commons Rule only. PRIVATE BILLS. 133 id the day 3 sit. Such 1 ily, during rivate Bill ivate Bills, 1 any Com- the time of Committee »• uj) in the i given, as in relation Parliamentary Agent until he shall have received the exi:>ress sanction and authority of the Speaker. 74. — Any Aaid to him. 84. Every applicant for a Bill of Divorce, at Amcnnt to the time of presenting the Petition, is to pay into ^® ^*'^* the hands of The Clerk of The Senate, a sum o^ One hundred dollars, to cover the exi^ense. which may be incurred by the Senate during the progress of the Bill. 85. In all improvided cases, reference should Unprovid- be had to the Rules and Decisions of the House of Lords. ^tnoi mm 138 APPENDIX III. Jil i FORM OF PETITIOX TO THE THREE BRANCHES OF THE LEGISLATURE, FOR A PRIVATE BILL. PeJiTio'/toTo His Excellency the Right Honorable Sir uncf^'^^' -^^^^ Young, Baronet, K.C.B., Cl.C.M.a., Governor G-eneral of Canada, &c., &c., &c., In Council. The Petition of the undersigned of Humbly Sheweth: of the nil ! That (here state the object de- sired hy the petitioner in soliciting an Act). Wherefore your petitioner humbly x>i'ays that Your Excellency may be pleased to sanction the passing of an Act (for the purposes above mentioned). And as in duty bound, your petitioner will ever pray. Seal, in the case (Signature) \ of an existing Corporation. (Date.) YOUM OF PETITION. 139 ES OF THE Table Sir .1.C.M.G-, &c., &c., of the object de- ')■ ►rays that sanction loses above will ever II the case n existing poration. {To either House.) To tne Honorable the ! ,, ^ „ _, ( House oi Commons of Canada, in Parliament assembled : Form of Petition to Senate or Houaa of Commonfl, The Petition of the undersigned of of the Humbly Sheweth: That {ho'e state the object de- sired by th e petitioner in soliciting an Act) "Wherefore your petitioner humbly jorays that Your Honorable House may be pleased to pass an Act (for the purposes above men- tioned). And as in duty bound, your i^etitioner will ever pray. (Signature) •{ Seal, as above. Date.) Ala Age Af/r, AUe Ami Ame 141 INDEX. Abandonment q/ bill: If a bill be abandoned by its promoters, the fact .is reported, or the com- mittee may permit other parties to proceed with it, 94. Affeuis .'—See Parliamentary Agents. Agreements : Copy thereof to be attached to any bill for confirming the same, 55, 126, Aliens: — See Naturalizations. Amalgamation of bills : Provisions of several petitions included in a single bill, 56. Provisions of several bills consolidated into one, 94. Amendments : Instru3tions to select committee on bill, concerning amendments, 65, 94.— To committee of ■ of whole, 108;--or at third reading, 109, 131. ■^77?;f^i»tt" 11 142 INDEX. ICanaZ . Amendments — contipued. No amendment oan be proposed to a clause, in committee of whole, after pasting the committee has passed on to another clause, 106. May be made by the House, after report of committee of whole, 108. Amendments in excess of notice, should be referred tj Standing Orders Com mittee, 108. Verbal amendments only can bo made at third reading; but bill may be re-commltted, 109. Amendments of Senate to a bill originating in Common?,*are rcferrel ti the committee of the Commons to which the bill was originally rt ferred, 110, 131 — Practice in Senate with regard to amendments d Commons, 111, 131. Amendments of Senate disagreed to ; conference desired. 111 ; — or a mes- sage may be sent to the Senate communicating the reasons for dis- agreeing, ib. Chi {Heavin Coi Comm't All Tw Coi An Attainders : Bills for reversal of attainders, 117. Banking : Placed under control of the Parliament of Canada, 13. Suggestion that all Bank bills should originate in the Common?, 5. Standing committee on Banking and Commerce ,* appointment and power? 61. See Private Bill Committee. Blanks : Rates, tolls and fines are inserted in bill in italics, technically regarded as blanks, 55. Committee to fill up the blanks with the maximum rates, 87. Bridges : Notice of applications for toll-bridge bills, to specify rates of toll, Ac, ov, 123, 125. Rates to be printed in the bill in italics, 55 ; — to be filled up by committed) 87. Exceptional practice of originating rate^i of toll in committee of whole in some instances, 87 ; — inexpediency of this course demonstrated, 88. Business undisposed of : Arrangement (in certain Sessions) for taking the same up at the nest Session, 62. !i! las No No; Coi No Ris Rei Pre Am On On Inc Competi Par Con/ere) On Jonsent Pro Qu( hole, 108. ling Orders Com- bat bill may be '^^ro rcferrel t ras originally n > amendments d 111 ; — or a mes reasons for dij- INDEX. 143 Jaiial BUl» : — Soo Railwayt ; Tolls. Q of whole, after Siting Vote : Chairman of any committee on private bills (and no other) has a second or casting vote, 69, 129. Cearinr/ of Room : Committee room may be ckured for aiscussion, 79. Committee o/ichole on private Itlla : All bills, after second reading, referred to a committee of whole, 101. Two or more bills may be considered together, 101. Counsel heard (on one occasion) against a bill, at this stage, 99. Amendmenti of select committee, not treated as amendments in committee of whole, but bill considered as a whole, 103. Instructions to committee, mandatory or permissive, 104, No amendment irrelevant to the bill can be made without an instruction, 104. Notice must bo given of amendments to be proposed in committee, 105, 131. Course of proceeding in committee, 106. No amendment can be proposed to » clause after committee has passed on to another clause, 106. Rise without reporting ; bill then regarded as defunct, bat may be revived, 107. Report bill to the House, 107. Proceedings in the House, after report, 108. — Bill may be re-committed, ib. Amendments made in committee in excess of the notice, should be referred to Standing Orders Committee, IDS. Committees {Select) on private hills : Oq ordinary bills, — See Private Bill Committee; Hailwaya. On Divorce bills, 68. See Divorce Bills. mon?, 5. lent and power?. illy regarded as of toll, Ac, S9, ttee of whole la lODstrated, 88. up at the nest Companies /or transacting business throughout the Dominion : Incorporation of, 18. p by eommittef,P'^'"i'^''"'*"* •' Parties may bo hoard against a bill on the ground of competition, 77. Conference xcith Senate : On disagreeing to their amendments to bills, 111. Consent of parties : Proof thereof required, in certain cases, C7, 92, 129. Queen's consent to bills affecting the property, Ac, of the Crown, 109. 144 INDEX. Consolidation 0/ bills: Power may bo given to a committee to consolidate two or more bills into one; 94. — Occasionally done without an instruction, ib. Continuance of Proceedings : Proceedings on private bills continued (on two occasions) to the next Session, 62. ^Counsel : Heard at the Bar at the second reading, 93; — before consideration in com- mittee of whole, 99, 101 ; — At the Bar of the Senate, on Divorce bills, 116, 136. Promoters or opponents may be beard before the committee by counsel, 74. No member of the House can act as counsel, 74. A member of the other House may so act, by special leave, 74. Croicn, Eights of : Queen's consent cignified at third reading, to any bill affecting the pro- perty or interests of the Crown, 109 j — to a bill for reversal of an at- tainder, before the first reading, 117. Deniaon, Right Hon. J. E. : Evidence of Bight Hon. J. E. Denison, Speaker of House of Commons, on private bill legislation, 102. Disagreeing to amendments of Senate : On disagreeing to the amendments of the Senate to a bill, a conference may be desired, or a message may be sent to the Senate, communi- cating the reasons for disagreeing, 111. Divorce Bills : Pertain to the Parliament of Canada, 13. Introduced first into the Senate, 5. To be prepared by petitioner, and printed at his expense, 137. Special notice, and other preliminary proceedings ti. be proved thereon, 39, 134, 135. Fee paid on presenting petition, 115, 137. Fourteen days to elapse between 1st and 2nd readings; with aervice of notice thereof, 115, 135. Examination of petitioner and witnesses, at second reac'.ing, 115,136.— Mode of summoning witnesses, 116, 136, 137. more bills into '6. 3) to the next loratioQ in com- •n Divorce bills, by counsel, 74. 74. ffecting the pro- iversal of an ai- f Commons, on 1, a conference natC; communi- INDEX. 145 7. ved thereon, 39, with service of 115,136.— Mode Divorce Bills — continued. Counsel heard on bill, 116, 136. Referred, after second reading, to a committee of whole, in the Senate, 116 j — to a select committee, in the Commons, 5S. Insertion of prohibitory clause, 116. Evidence taken before the Senate applied foi- by Commons, and referred to committee, 58. Reference to be had to practice of the Lords, in unprovided casus, 117, 137. Estate Bilk : Usually originate in Ilouse of Lords, 5. Evidence : House may require evidence to be reported, on which committee hr e de- cided that preamble is not proved, 83. Committee of Commons may request that the evidence taken on a bill ori- ginating in the Senate be laid before them, 87. — The like course by a committee of Senate, 114. Evidence taken by committee not generally reported, except by special order, 95. See Divorce Bills. Witneaaea. Examiner for Standing Orders : To report to Committee on Standing Orders concerning the notices given on petitions for private bills, 36. The same Examiners appointed for both Houses of Imperial Parliament, 36. (Note-I F - :.'■■: ' uties : Bill containing a clause exempting the promoters from the operation of the Excise Laws for a certain period; mode of proceeding thereon, 105. Extension 0/ poteers : Extension of powers of a company to purposes foreign ti the original char- ter, a ground for declaring preamble not proved, 82. Evidence of consent of shareholders required by the Lords, on every bill empowering an existing company to execute works other than those for which it was originally constituted, Ac, 113. (Note.) Bill should not be amended by the committee so as to enlarge its opera- tions, 85 ; — but they can recommend the same to the House, 92. 13 146 Fee» : — Sec Fines, INDEX Feet on private bills : Payable (after seco/ic^ reading in the Senate, and o.ttQT Jirst reading in the Commons) on all bills for any object of profit or advantage, 59, 126; — in the House in which they originate only, 60, 127. Charges for printing, &<:., levied at the same time, 59. On Divorce Bills, in Senate, 115, 137. Refunded in certain cases, by order of the House, 61; — in a subsequent Session, 62. Motions for /<^funding fees should be referred to the committee on the bill, 62. Fees chargeJ in "British House of Commons, 60. (Note.) Ferries : Such as are international, or intercolonial, are under control of the Parlia- ment of Canada, 13. Fines : Amount of any fines or fees to bo imposed, to be printed in bill in italics, and to be filled up by the committee, 55, 8T. First reading of hill : In Senate, 54. (Note.)— In Commons, 54;— Referred after first reading, 56. Foreign Corporations : Status of foreign corporations in any Province, including such as may have been chartered in another Province of the Dominion, 20. Angell & Ames' remarks on foreign corporations, 22. Government Trusts : Bills relating to Government Trusts or Commissions, treated as public bills, 10. Harbour Bills : — See Tolls. Informal introduction of bills : "'lis which have been informallv introduced withdrawn, and new ones pre- sented, 56. Instructions : To standing committees on private bills. 65, 94. To a committee of whole, 103. Object and effect of an instruction, mandatory or permissive, 104. Instruction solicited by committee, in regard to a doubtful point, 65. pl'Mji I ing ia the 5, 59, 126 ; iubsequoQt he bill; 62. he Parlia- l in italics, ading, 56. may have INDEX. 147 as public w onee pre- 94. ,66. Inturance Companiea : Proceedings in Parliament as to the right of legislating in reference to In- surance Companies, 25. Jurisdiction, Legislative : Clag''es of subjects for pr'eate bill legislation, pertaining exclusively to the Parliament of Canada, 13.— To the Provincial Legislatures, 14. Parliament may assume control of any works declared to be for the general advantage of Canada, or of two or more Provinces, 15. Railway bills passed by Parliament of Canada in first Session, 15. Lines of railway, telegraph, inmendatioD) Notices o/ appUeatlon$ /or private bilU — continued. Petitioners restricted within the terms of their notice, 49. Additional evide ice of notice admitted, after an unfavorable report, and supplementary report made thereon, 52. Not to be enquired into by committee on bill, 67 ;— except to compare pro- visions of bill with the terms of the notice, 68. Committee on bill must call attention of the House to any provision therein not contemplated in the notice, 6S, 90; — may not insert any new provisions, except such as are covered by the notice, 85, 91 ; — but may confine its provisions within terms of notice, 90 ; — Any exten- sion beyond such terms may be recommended to the House, 92. Parties may not avail themselves, for their own purposes, of a notice given by others, 52; — but if a bill be abandoned by its promoters, the committee may permit other parties bO proceed with it, 94. Notices required in Imperial Parliament, 38. (Note.) Notice of contideratton of bill : (Senate) 1 week's notice to be given by committee on any bill requiring no- tice under 51st Rule, on bills originating in the Senate ; — 24 hours' notice only required on bills from the other House, 57, 71, 128. (Commons) 10 days' notice to be given by committee, on bills originating in the Commons ; — two days' notice only required on bills from the Senate, 67, 71, 128. Usually reduced, near close of Session, 72. Occasionally dispensed with, 72. Cannot be dispensed with generally, but on the recommendation of two or more of the committees connected with private bills, 72. Upon the transfer of a bill from one committee to another, the notice already given is generally held to be sufficient, 65. Notice of neio provisions : No new provisions may be inserted in bill, by which the interest of parties not represented before the committee can bo affected, without duo notice to such parties, 91. Notice to be given of amendments proposed in committee of whole, 105, 131;—' after report of committee of whole, 108 ; — at third reading, 105, 131. Notice of auspenaion of Rules : No Standing Order relative to private bills suspended without duo notice, 110, 131. *l i i 1 ' i ; ' ( I \\ 150 INDEX. ' i 1 OJicera of th« Houne : Pet 1 May not act an Parliamentary agents, 31. 1 j Oppo$ition to private bills : \ : Unusual at second reading, except on gener<.l principles, or on the ground j ' of interference with public rights, 98. 1 j Before select committee, 72. '^B ! ' Petitions against a bill, stand referred to committee thereon, 56, 127. Arrangement between the parties for selection of a day for considering an 1 opposed bill, 71. ," Opponents should present a petition, specifying grounds of objection, 73. — Prc< i I Limited to the grounds so stated, io. — May be heard by counsel, 74. :, Opposition held to be abindonod, if no parties appear when petition is 'i I ! read, 73. :'! 1 i Locus standi of opponents, 77. Opposition to clauses, 78. '.: [ 1 Parties having diverse interests may not avail themselves, on their own ao- 1 count, of a notice issued by other parties, 52 ;— but if a bill be aban- ;i 1 1 doned by its promoters, the committee may pormit other parties to jj 1 proceed with it, 94. 1 ' ;!i[ Orders o/ the Day : 1 i Place assigned to private bills on the Orders of each day in the week, 100. :| Parliamentary Agents : Employment of, in Commons, 29, 132. { Cannot act without the authority of the Speaker. 30, 133. T> ' ' j j Mode of qualifying, 30. rrev '.I 1 1 ; Members and officers of the Ilouse disqualified from acting, 30. 1; Registered, 31. Prin j j Subject to a prohibition to practise, for any violation of the Rules or prac- 1 ! tice of Parliament, 30, 133. Prin :|i! i 1 Patents of Invention : ||! 1 \ Placed under control of the Parliament of Canada 13. 1 I; 1 j: . Petitions : ■:l j\ Every private bill to be based on a petition, 32. (Form in Appendix III.) li ' —Certain bills rejected, not being founded on petitions, 10, 33. i 'j i Not to be signed by agents, but by the parties themselves, 32. ' i i 1 Mode of presentation to each branch of the Legislature, 32. 1 i . 1; i ^ i i ' ; the ground 127. lidoriag an ition, 73.— unsel, 74. petition is )ir own ao- 11 be abaa- parties to eek; 100. 3 or prac- adix III.) 33. INDEX. 151 Pe 111 154 INDEX. Private Bill Commi«cc-^continued. Proceedings in committee, 71. Filled-up copy of bill to be deposited before day for consideration thereof, 75, 128. Preamble read, and petitions against, 76. Promoters then heard, and petitioners afterwards, 77. Petitioners against particular clauses only, not heard against preamble, 78. Zocua standi of petitioners, 77. Examination of witnesses, 77, 78. Committee room an open court, 79. Room cleared for deliberation, 79. Plight of members (not of the committee) to be present, 79. Question put on preamble, 80. If not proved, to be .o reported, and the reasons assigned, 80, 130. Committee cannot re-consider and reverse such decision, unless authorized by the House, 80, 84. House may require the evidence on the preamble to be reported, 83. Alterations in preamble to be specially reported, with reasons therefor, 85, 130. Power to make alterations limited, 85. Committee cannot amend bill so as to extend its operations, without leave of the House, 85. — Exceptional case, tb. — But can recommend that its provisions be so extended, or thai it be made a public bill, 92. Proceedings on clauses, after preamble is proved, 86. Unusual provisions in the bill to be specially referred to in report, 87, 129. Persons whose rights are aflfected, may be examined touching their consent, 67, 129. To insert the maximum rates of tolls or fees to be imposed, 87. Amended bill, and each amendment, to be signed by chairman, 89, 130. Amendments of an unusual character to be specially mentioned in report, 90. Bules to be observed by committee in framing amendments, 90. Every bill referred must be reported, 94, 129. Report that certain bills referred are public rather than private, 7 ; — or, might more advantageously be referred to another committee, 65. If a bill be abandoned by its promoters, the fact is reported ; or other par- ties may be allowed to proceed with it, 94. Bill, when reported, may be referred back, 95. Evidence not usually reported by committee, except by special order, 95. Time for receiving reports limited, 96. I !■ sration thereof, preamble, 78. 0, 130. less authorized ■ted, 83. tierefor, 85, 130. , without leave mmend that its )il], 92. sport, 87, 129. their consent, J7. D, 89, 130. d in report, 90. 0. , 7 ; — or, might 65. ; or other par- cial order, 95. INDEX. 155 Private Bill Committee — continued. Bill, after report, placed on the Orders for a second reading, 97, 130. Bill, as reported by the committee, generally adopted by the House without alteration, 102, — Amendments of committee not treated as amend- ments, 103. Pricate Bill days : Certain days appointed (in Commons) for coneideration of private bills, 100. Private Bill Office : Established, 3, 131. Private Bill liegiater : To be kept in Private BUI Office, 31, 131. Provincial Companies, or Works : Placed under control of the Provincial Legislatures, 14. " Pullic Act" : Every privf te Act to bo deemed a public Act, unless it contains a provision to the contrary, 119. Pullic Works : Local Works arc under the control of the Provincial Legislatures, 14. Such works as extend beyond the limits of a single Province, are placed under control of the Parliament of Canada, 14. Such also (within any Province) as are declared to be for the general advantage, 14. — Examples of the latter, 15, 16. Definition ofthe term "extending beyond the limits of a Province," 16. Bills relating *o public works under Government control, treated as public bills, 10. Qu€' 's Con$ent : — See Crown, liighta of. Pailii '/« ; Su a lines of Railway, Canal, or Telegraph, as extend beyond the limits of a Province, placed under control of the Parliament of Canada, 14. — Definition of the term " extending beyond (he limits of a Pro- vince," 16. Such also as are declared to be for the general advantage, 14. — Instances thereof cited, 15. Expediency of including all Railways intersecting the Qraud Trunk within this class, 16. tt: ■t;"i 1 ■n\ ; 156 INDEX. Railways — continued. Standing Committee on Railways, Canals, and Telegraph Lines, appoint- ment of, 64. All bills relating to Railways, Ac, referred, 56. Instructions to, 66. Powers and duties of the committoo are similar to those of the Private Bill Committee, — See Private Bill Cotumitlee. Rates or Tolls : Bills involving the same ought to be first brought into the Commons, 4. Amount thereof to be printed in the bill in italics, to be filled up by committee, 55, St. Practide of Imperial Parliament in regard to imposition of a local rate, 89, (and Note.) Re-commilment : Bills may be re-committed, after report of committee of whole, 108; — before third reading, 109. — To the select committee, 95. Reports of committees on privata bills: That preamble is not proved, 80. That alterations have been made in the preamble, 85. Recommending an extension of provisions of bill, 92. Calling attention to unusual provisions, or such as exceed the limits of the notice, — or amendments of a peculiar nature, 87^, 129. That certain bills referred are public rather than private in their character, 8. Every bill referred must be reported, 94, 129. Evidence not usually reported, except by special order, 95. Time for receiving reports limited, 96, 122. Representation : Local bills afife|«ting the Representation, treated as public bills, 9. Royal Assent: Given to private bills in the same manner as public bills, 119. Rulet relative io private hills : Notice to be given of a motion to suspend any Rule, 110, 131. No motion for suspending 51st Rule (Notices) to be made until after report of Committee on Standing Orders, 47, 126. — Motion made, when re- quired, after report, and before presentation of bill, 54. Published in Official Gazette, and the substance in other papers, 123. JSa Sen Sen fj' ■ nes, appoint- Q Private Bill mmons, 4. filled up by local rate, 89, 108 ;— before limits of the character, 8. il after report ,de, when re- s, 123. INDEX. 157 Savings Banks : Placed under control of the Parliament of Canada, 13. Second reading of bill : Principle affirmed at the second reading, 97. Postponement thereof 3 or 6 months, 100. Opposition at this stage unusual, 98. Counsel heard at second reading, 98. Referred after second reading (in Senate, to a standing co.Timittee), 57 ;-' (in Commona, to a committee of whole), 101. A bill thrown out in the Commons (G . B.) at this stage, becau'^e it trenciioJ on public rights, 99. (Note.) Semi-private hills ; Certain bills of this class treated as public bills, 7. Senate : Assimilation of their Private Bill Rules to those' of the Commons, 3. — Exceptions, 113. Bills from the Senate reported on by Committee on Standing Orders after first reading, when no previous report has been made on a petition, 35, 125. Divorce Bills introduced first in the Senate, 5. — Bills for reversal of attain- ders, or for the restoration of honors, 117. Proof of notice, and other preliminary proceedings in Divorce cases, in the Senate, 39. Bills presented in the Senate, without a motion for leave, 54. (Note.) Evidence taken on bills originating in the Senate, communicated to com- mittee of the Commons, when required, 87. — The like, in the Senate, with regard to bills originating in the Commons, 114. Amendments of the Senate to bills from the Commons, are referred to the same committee of the Commons to which the bill was originally re- ferred, 110, 131. — Practice in Senate with regard to amendments of the Commons, 111, 131. Conference with the Senate on disagreeing to their amendments to bills, 111. Journals of Senate may be searched by a Committee of Commons, with reference to certain bills not proceeded with, 111. Proceedings on private bills in the Senate, 113. 14 '■i'iiin 158 INDEX. mt m\ I! M I M m Sharehi Iders i Miy not be heard against a bill, unless their interests are distinct Arom those of the company, 78. Proof of their consent, in certain cases, 67, 113 (Kote}> 129. Shipping ;— See Steam or other Ships : Standing Orders Committee ; Earliest reference of petitions to, 3. Report (to the committee) by the Examiner for standing orders, 38. Mode of voting in committee, 37. Sitting of committee, 37. , Mode of proving compliance with standing orders, 37. Examine (without special reference) all petitions for private bills, and report whether notice has been given, with a special recommendation m certain cases, 35, 125. — Examine bills from the Senate (if no previous report has been made on a petition) after the first reading, ib. Report certain petitions exempt from notice, 40. Recommend that provisions be made in the bill, to supply want of notice, in certain cases, 40, 50. Receive evidence of publicity, to supply want of formal notice, 42. Occasionally take on themselves to waive informality in notice, 43. Grounds on which suspension of Rule may be recommended, 44. No motion for suspension of Rule to be entertained till committee has reported, 47, 126. Special reports as to variance between notice and petition, 35, 47, 49, 51 ; — insufficient notice, 47. Petitions referred back, for reconsideration, 48, 62. Supplementary reports, concerning evidence of notice produced since former report, 52. Amendments made to a bill, in excess of the notice, should be referred to Standing Orders Committee, 108. Steam or other Ships, Lines of; Such lines as extend beyond the limits of a single Province, placed under control of the Parliament of Canada, 14. Taxes : Bills involving any tax should be first brought into the Commons, 4. Telegraph Hnet ;— See JiMiluia^s, ict from thflfle INDEX. 159 Jcra, 38. Us, and report imendation 'u [if no previous ng, ib. it of notice, in 5,42. ce, 43. 44. committee has ), 47, 49, 51 ;— roduced since )e referred to placed under OQS, 4. Third Jieadi'nr/ of hill : Ordered, 108. Precedence given to private bills over other Orders of the Day, 109. Verbal amendments only may be proposed at third reading; but bill may bo re-committed, 109. Rights of Crown, 109. Form of passing bill, 109. Tolls : Bills involving imposition of tolls should be first brought into tho Com- mons, 4. Amount thereof to be printed in tho bill in italics, 55. Maximum rates to be inserted by committee, 87. Exceptional practice of originating Bridge, Canal, and Harbour Tolls, in committee of the whole, in some instances, 87 ; — To bo discontinued for the future, 89. Trade, Boards of : Incorporation thereof by Parliament, and by Provincial Legislatures, 26. Unprovided cases : Resort to bo had, in all unprovided cases, to the practice of the Imperial Parliament, 132, 133. Unusual jtrovisions : Committee to make special mention in report, of any unusual provisions in petition or bill, 50, 87, 129 ; — or of amendments of an unusual character, 90. Witnesses i Committees on private bills may examine witnesses upon oath, 68, 77. Expenses of witnesses defrayed by the parties in whose interest they are summoned, 68, 116. — May be claimed before examination, 78, Cross-examination, 77« Attendance of a member as a witness, 78, 79. Cannot correct evidence, but by a subsequent examination, 78. Examined, in Divorce cases, at Bar of Senate, 116, 136. Mode of summoning witnesses in Divorce cases, 116, 136. Arrest of witnesses refusing to attend, 116, 137. FINIS,