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OTTAWA: Pbiktbd bt MaoLean, Roger & Co., Wellington Strut. 1882. 18 2 8 9 8 t \ t CONTENTS. t Paov. Preliminary Remarks 1 Parliamentary Agents 5 Petitions for Private Bills 7 Proof of Notices before Standing Orders Committee 8 Introduction and First Reading of Bill 14 Second Reading 16 Payment of Fees 19 Committees on Private Bills 21 General and Special Instructions 22 Their Proceedings 25 Proceedings in House after Report 32 Third Reading 37 Proceedings in Senate 39 Royal Assent 41 Private Bill Rules 42 Divorce Bill Rules 61 17 j( PREFACE. The absence of any publication shewing the Private Bill Practice of the Parliament of Canada, as it now is, has long been felt, not only by persons promoting and opposing private bills but by many Members of the Legislature themselves ; the only work of the kind being Todd's Private Bill Practice, 1868, since that date many changes in the form oi procedure have been introduced, and the writer from his experience, gained as an attache of several years standing, of the Railway and Banking and Commerce Committees of the House of Commons, is of opinion that the experience so attained could be utilized to the public advantage by the issue of a Manual shewing the actual course of proceedings to be followed in passing Priva' ^ Bills through both Houses. The writer has carefully studied Mr. Todd's Treatise and has utilized portions of it, but his great object has been to base his remarks on the Rules of both Houses and in conformity therewith to show the present PREFACE. practice, illustrating the same with the latest precedents from the Journals. In all unprovided cases May's Par- liamentary Practice has been referred to, as the 120th Rule of the Commons and 84th of the Senate provide that in all such cases the Imperial practice shall be followed. House of Commons, Ottawa, January, 1882. PRIVATE BILL PRACTICE IN THh PAELTAMENT OF CANADA Preliminary Remarks. The distinction between public and private bills is one that has been recognized and acted upon by the Imperial Parliament from a very early period, and the mode of proceeding upon the two classes of bills has also diilered in some important particulars, i In passing private bills, while Parliament still exercises its legisla- tive functions, its proceedings 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 formality of a Court of Justice is maintained ; conditions are required to be observed, and their observance proved by the promoters of a bill, and if they abandon it and no other parties take it up, the bill is drop- ped, however sensible the House Distinc- tion between Public and Private Bills. Functions of Parlia- ment part- ly judicial in passing private bills. may * Todd's, Private Bill Practice, p. 1. %.. PRELIMINARY REMARKS. Definition of a pri- ▼ate DilL €emi- priyate (ills. value. * This nnion of the judicial and legisla- tive functions is not confined to the forms of procedure, but is an important principle in the enquiries and decision of Parliament, upon the merits of private bills. As a court it enquires into, and adjudicates u, )n the interests of pri- vate parties ; as a legislature it is watchful over the interests of the public. ^ Every bill for the particular interest or benefit of any person or persons, is treated as a private bill, whether it be for the interest of an indivi- dual, a public company or corporation, a parish, a city, a county, or other locality ; it is equally distinguished from a measure of public policy in whi^h the whole community are interested, and this distinction is marked by the solicitation of private bills by the parties whose interests are concerned. 2 There is a class of bills, however, which, though local or special in their operation, yet having been solicited by persons not in the interest of the parties to be afiected by their operation, or having been introduced upon public grounds, have been treated by the Legis- * May, p. 633.^ 2 May, p. 626. I i> PKELIMINABT BEMARKS] S lature as public bills. It must be obvious, however, that on bills of this nature, the same notice should be required as upon a private bill, with the exception only of such as are intro- duced upon some well defined principle of policy or right. ^ It has been held that a bill commenced as a private bill cannot be taken up and proceeded with as a public bill. 2 By the provisions of "The British North America Act, 186*7," 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 arrangement, pertain exclusively to the Par Ha- control mentofthe Dominion^ are thus defined by the Act : ment. Sec. 91. — Ferries between a Province and any British or Foreign Country, or between two Provinces Banking, Incorporation of Banks, and the issue of Paper Money. Savings Banks. 1 Todd's, Private Bill Prac- 2 May, p. 631. tice, p. 7. ^ PRELIMINARY REMARKS. Patents of In vention and DiKcovery. Naturalization and Aliens. Marriage and Divorce, — and Such classes of subjects as are expressly excepted in the enumeration of the classes of the subjects by this Act assigned exclu- sively to the Legislatures of the Provinces which exceptions are thus defined, in Sec. 92, Sub-cection 10 : a. Lines of Steam or other Ships, Eailways, Canals, Telegra])hs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the limits of the Province ; . b. Lines of Steam Ships between the Province and any British or Foreign Country ; c. Such Works as, although wholly situate within the Province, are before 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. J0 PARLIAMENTARY AGENTS. Those which are placed under the exclusive control of the Provincial Legislatures are thus defined : Sec. 92, Sub-sec. 10. — Local Works and Under- takings, other than su(^h as form the excep- tions above recited. Sub-sec. 11. — The incorporation of Companies with Provincial objects. Sub-sec. 16. — Generally all luatters of a merely local or private nature in the Province. The Private Bill Eulcs and Standing Orders of the Senate and House of Commons being now the same, with the exception that the Senate have no rules respecting Parliamentary- Agents (See also remarks on "Proceedings in the Senate," p 39) the account given in the following pages of the proceedings on petitions and bills in the Commons will apply equally to the Senate ; the rules are printed in extenso at the end of this work, together with certain addi- tional Hules of the Senate relating to Divorce Bills. Parliamentary Agents. The practice of employing Parliamentary Agents is not obligatory in Canada as in Subjects under control ofProvia- cial Legis-' latures. Private bill rules of both Houses almost identical. Parlia- mentary Agents ^ not obli- S&tory in anada. PARLIAMENTARY AGENTS. England, consequently it is usual for the mem- ber who presents the petition to take charge of the bill through its various stages ; Officers of the House and Members are disqualified from acting as Parliamentary Agents ; one of the Standing Orders of the House states that the " offer of any money or other advantage to any " member of this House for the promoting of " any matter whatsoever, depending or to be ** transacted in Parliament, is a high crime and " misdemeanor and tends to the subversion of " the constitution." Rule *72 of the Commons provides that no person shall act as Parliamentary Agent until he shall have received the express sanction and authority of the Speaker, and that he shall be personally responsible for the observance of the Rules, Orders and Practice of Parliament, and for the payment of all fees and charges. The 73rd Rules provides that any Agent violating any of the rules or practice shall be liable to absolute or temporary prohibition to act as such agent at the pleasure of the Spejjter. Registra- The name and place of residence of the Parlia- lion of ,'-■ Agents, mentary Agent ssoliciting a bill are entered in the Mode of qualifying. Disqualifi- tion. i PETITIONS FOR PRIVATE BILLS Private Bill Register, in which are also recorded all the proceedings, from the petition to thejpass- ing of the bill. This book is open to public inspection, i As before mentioned the Senate have no rules respecting Parliamentary Agents. PeHtions for Private Bills. Every private bill is based on a petition, 2 which must state in general terms the subjects or privileges sought to be obtained by the par- ties soliciting the bill. The petition may be either written or printed, provided always that the signatures of at least three petitioners are subscribed on the sheet containing the prayer of the petition. 3 Petitions should be prepared in triplicate, one copy being presented in each House by a Member, ^ and the third addressed to the Governor General in Council through the Secretary of State. Eule 49 says : " No petition for any private bill is received by the House after the first ten days of each session," but the Standing Orders Committee may, if they deem it advisable, Every Erivate bill ased on a petition. How presented. Time of presenta tion. 1 Rule 70. 9 Rule 56. 8 Rule 85. * Rule 84» 8 After expiration of time. PilOOF OF NOTICES. recommend the 1 louse to grant an extension of time, which is generally concurred in. When the time has actually expired a petition can be presented asking that leave be given to present a petition for a private bill notwithstanding such expiry and giviiig reasons for the non-compliance with the rules of the House ; which petition is referred to the Standing Orders Committee for . their report ^ Vv^hich T(:port is generally con- curred in by tke House. Proof of Notices before Standing Orders Committee. Petitions for private bills, when received by the House, are taken into coiisideration (without Examina- tion of petitions without reference, special reference) by the Committee on Standing Orders, whose duty it is to ascertain whether the Rules in regard to the publication of notices have been complied with in each case, and to report to the House the result of their inquiries ; together with any recommendation that may appear to them desirable in cases w^here the notice may prove in any respect informal or in- sufficient. 2 ^ Commons Journals, 1881, pp. 208 & 220. 2 Rule 53. PROOF OF NOTICES. 9 All private bills from the Senate (not beinff Private I'll P «««. based on a petition already so reported on) are Senltr" taken into consideration and reported upon by ''''^"'^°®^- the committee after the first reading and before their consideration by any other st; .ding com- mittee. 1 Eule 51 provides tha' all applications for pri- Notices va e bills shall require a notice cloarly .^d dis- be given: tinctly^;i)eeifyiiig the nature and objecl of the application, and (except in the case of existing corporations) signed on behalf of the applicants, to be published as follows, viz :— by advertise- ment in the Canada Gazette and in some news- paper published in any locality that may be ' affected by the proposed scheme. In the Pro- vinces of Quebec and Manitoba the notices must be published in both languages Such notices shall be continued in each case Duration for a period of at least two months, during the interval of time between the close of the next preceding Session and the consideration of the petition ; and copies of the newspapers contain- ing the first and the last insertion of such notice shall be sent by the parties inserting such no- 1 Rule 54. of notices^ In the case of toll- bridges. 10 TROOF OF NOTICES. tice to the Clerk of the House to be fyled in the Standing Orders Committee Room. In the case of a proposal to erect a toll-bridge the notice must state the rates of toll to be de- manded, the extent of the exclusive privilege, the height of the arches, and the interval be- tween abutments and piers for the passage of rafts and vessels, and if a draw bridge is to be erected the dimensions of the same.^ In divorce The Senate require every applicant for a bill of divorce to give six months notice, of his in- tended application, in the Canada Gazette and in two newspapers published in the District in the Provinces of Quebec or Manitoba, or in the County or union of Counties in the other Pro- vinces, where such applicant usually resided at the time of the separation — also that a written copy of the notice be served on the person fronr whom the divorce is sought.^ The requirements of both Houses in regard to notices having been referred to, the practice of the Committee thereon will now be shewn. cases. f % 1 Rule 62. 3 Senate Rules 72 and 73. PROOF OF NOTICES. 11 The Committee usually meet on Tuesdays sitting of and Fridays, or more frequently if the Chairman tee™"*^ considers it advisable, when such petitions for private bills as have been received by the House are laid before them. At their first meet- ing they elect a Chairman ; all questions arising voting. in the Committee are decided by the majority of votes; the chairman only voting when the division is equal. Every member present in the Committee should vote on all questions brought up. In judging as to the sufficiency of the notice Notice • 1 1 n compared the Committee compare its terms with those oi with peti- the petition, and in cases where insufficient no- tice, or no notice has been given, or where there is any informality or irregularity in the notice, the promoters of the petition appear and explain why they have not complied with the Eules ; the Committee then decide as to whether in their opinion such reasons are satisfactory, and if their decision be favorable they report to the Report. House recommending that the notice be consi- dered sufficient and that the 61st Rule be sus- pended, giving the grounds on which their re- commendation is based. If their decision be 12 PROOF OF NOTICES. unfavorable it is usual to report the notice as bein;^ insufRcient, further proceedings on the petition tlieiL diop as the House rdrely overrules the decision of the committeey Reasons The following are some of the grounds on for suspen- sioa of rule which the suspensiou of the llule has been relative to notice. recommended : — that the measure is one of great public utility,^ that no existing rights can be affected, 2 that the shareholders of the Company have consented to the proposed amendments, ^ that provision will be made in the bill that no injuiy to any party shall arise,^ that all persons affected have given their consent, ^ that the parties interested in the jiroposed mea- sure were duly notified,^ that the application is not of a nature to require publication of notice, '^ that provision wnll be made in the bill that no amendments affecting shareholders shall go into operation without their consent being first obtained,^ that the necessity for the applica- 1 Commons Journals, 1881, p. 254. 2 Commons Journals, 1881, p. 254. 3 Commons Journals, 1881, p. 202. Commons Journals, 1881, p. 190. s Commons Journals, 1881, p. 108. 6 Commons Journals, 1880, p. 129. ■^ Commons Journals, 1879, p. 83. 8 Commons Journals, 1879, p. 136. PROOF OF NOTICES. 13 iion has but recently arisen and no other rig'hts can be affected ^ that no private rights other than those of the petitioners can be affected. 2 In comparing the notice with the petition, it Petitioners restricted sometimes happens that powers are asked for within in the petition which are not mentioned in the the notice. notice, in which case if the committee are not satisfied with the explanations given by the promoters, it is usual to report recommending that the powers granted in the bill be restricted to those of which notice has been given. ^ Occasionally the committee has reported to Petition ji TT 1 • 1 • • "I referred the House askmg that a petition reported back by them on a certain day be referred back for further consideration, ^ which has been done. ^ From the foregoing* instances it will be seen Rule that the rules requiring notice are usually inter- interprct- preted by the committee in a liberal sense, pro- riiy. moters and opponents of proposed measures should however rv^mom])er, that the committee may, if they think fit, interpret them strictly ; 1 Commons Journals 1879 p. 324. * Commons Journals, 1878, p. 70. 3 Commons Journals, 1881, p. 94. * Commons Journals, 1881, p. 108. ^ Commons Journals, 1881, p. 109. 14 PRIVATE BILLS. it is safer therefore for those interested either to be present or represented when their petitions come before the committee. No Buspen- No motion for the suspension of the rules sion uDtil after com- upon any petition for a private bill is entertained mittee has reported, until after the same has been reported on by the committee on Standing Orders.i Deposit of bUf spc II. Introduction and First Reading of Private Bills. Rule 58 requires that any person applying for a private bill shall deposit with the Clerk of the House, at least eight days before the meet- ing of the House, a copy of such bill, together with a sufficient sum to pay for translating and printing 600 copies of the bill in English and 200 in French, (the translation to be done by the Officers of the House and the printing by the Contractors for the printing of Parliament). No bill is allowed to be introduced until these charges have been paid. As a general rule, private bills may originate mayorig- in either House (except Divorce bills which always originate in the Senate), but it being the exclusive right of the Commons to impose and 1 Rule 55. InTwhich inate. A 4 . PRIVATE BILLS. 15 appropriate all charges upon the people, every bill which involves any tax, rate, toll, or 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 Commons. ^ Priv^ate bills must be introduced within the Time for introduc— first two weeks of the Session ; 2 this period, ing bin. however, is usually extended to correspond with any extension of time that may have beeh granted for the presentation of petitions. After the petition has been favorably reported intro- duction on by the Standing Orders Committee a copy of the bill as printed is sent to the member whose name is endorsed thereon, who may introduce the same upon a motion for leave ; ^ preceded when required by the Report by a motion to suspend the rules. After the bill has been intro- First _ . Reading. duced it is read the first time, and ordered to be read the second time on th^ first private bill day thereafter. If a bill has been informally or irregularly informal introduced, i. e., prior to the presentation of a duction. 1 May, p. 635. 2 Rule 49. Rule 56. 16 SECOND READINO. Rates, tolls, &c to be petition, or to th(* Report of the Standing Orders Committee on such petition, it may b(^ with- drawn with the leave of the House and a new bill be presented in the proper course. ^ The amount of any rates, tolls, fees or fines inserted in the bill, must be printed in italics; Italics. these are technically regarded by the House as blanks, to be filled up by the Committee on the bill, and are so inserted merely to shew the amount intended to be proposed. 2 When a bill fo confirming any letters-patent or agreement is presented, a true copy of the same must be attached thereto. ^ Letters patent. Second Reading. Second The practice in each House is to refer the bill Heading. t t i -a after the second reading to the committee. ^ There is at this stage of the i^roceedings an impor- tant distinction between public and private bills , a public bill being founded on reasons of public policy, the House in agreeing to it second reading accepts and affirms those reasons; Principle but the expediency of a private bill being of private x ^ ^ «j 1 Journals 1876, pp. 114 and ^ R„ie 57. 127. 4 Rule 59. j2, May, p. 670. SECOND READING i5r mainly founded upon allegations of facts which bill affinn- have not yet been proved, the House in agreeing tioaaiiy. to its second reading affirms the principle of the bill conditionally and subject to the proof of such allegations before the committee. This is the first occasion upon which the bill is brought before the House otherwise than ;?ro forma or in connection with Ihe Standing Orders; and if the bill be opposed upon its principle, it is the proper time for attempting its defeat. . If the second reading be averred three or six inonths, or the bill rejected, no new bill for the Same object can be offered until the next session. In order to avert surprises if the second reading postponed of the bill be opposed its consideration is post- ^^opposed. poned until the next day's sitting. ^ This is usually the stage at which His Excel- consent of lency's consent, so far as Her Majesty's interest ^^^'^ is concerned, is signified if any provisions of the bi *1 affect ihe property ofinterests of the crown. 2 Private bills on the Orders of the day for prirate second read^_*g in the Commons are called up, * ^^^ on Mondays, immediately after routine business, and on Wednesdays and Fridays, for the first * May, page 673. 2 2 Jotraals 1877, p. 247. 18 SECOND READING. Reference to stand- ing com- mittee. hour at the evening sitting ; they also appear on the Orders of Tuesday but are rarely reached as they stand last on the Order paper. ^ . , 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 re- lative position upon the Orders of the Day. Every private bill wrhen read a second time is referred to a Standing Committee ; bills re- lating to Banks, Insurance, Trade and Com- merce to the Committee on Banking and Com- merce ; those relating to Railways, Canals and Telegraph Lines, and Canal and Eailv^^ay Bridges to the Committee on Railways, Canals and Te- legraph Lines ; and those not coming under these classes to the Committee on Miscellaneous Petitions Private Bills ; and all petitions for or against red? '^ ^^ the bills are considered as referred to such Com- mittee. 2 Notice of No private bill of which notice is required to considerfl^ tion to be be given, can be considered by the Committee to which the same has been referred until after one week's notice of the sitting of such Com- 1 Rule 19. 2 Rule 59. PAYMENT OP FEE. 19 mittee has been posted in the Lobby, and a notice of the said posting appended to the Votes and Proceedings of the House of that day ; in the case of bills received from the Senate, the notice to be posted in the Lobby and appended to the Votes is limited to twenty-four hours, i This notice is frequently reduced towards the Reductioa close of the session, on the recommendation of ^ ^^ ^' of one or more of the private bill committees, and in certain cases the House has suspended the Eule altogether. 2 Divorce bills (which always originate in the Reference Senate) are referred after their second readino" biiisT**'^ in the Commons to the Standing Committee on Miscellaneous Private Bills together with a copy of the evidence taken before the Senate. Payment of Fee, Immediately after the second reading and be- Payment fore ihe consideration of the bill by the Com- mittee to which it has been referred a fee of two hundred dollars and a sufficient sum to pay the cost of printing the Act with the Statutes must be paid ; these charges are payable only 1 Rule 60. 2 Journals, 1877, p. 267. 26 PAYMENT OF FEE. Fees refunded. in the House in which the bill originates, should it require to be reprinted the cost must be defrayed by the promoters in the House in which the expense is incurred ; ^ when the fees are not paid within a reasonable time the Com- mittee report back the bill to the House stating the facts, i^ and further proceedings thereon are stopped. In some instances, the House has ordered a refund of the amounts paid (less the charges for printing and translation), but only on the re- commendation of the Committee to which the bill had been referred, on the grounds, — that the proinoters have asked leave to withdraw the bill, 2 that the bill has been rejected by the Committee, ^ that the provisions of the bill have been amalgamated with another, ^ that the bill is not liable to the fees, ^ that the amendments sought for will be a public bene- fit, ® that the powers applied for by the pro- moters have been materially diminished, '^ when a bill has been withdrawn in the House 1 Rule 58. '« Journals, 1877, p 245. 2 Journals, 1881, p., 292. 3 Journals, 1881, p. 215. * Journals, 1881, p. 213. K Journals, 1880, p. 98. « Journals, 1879, p. 425. ' Journals, 1874, p. 167. • 21 • COMMITTEES. after having been favorably reported on by the Committee it is usual to refund the fees upon a motion to that effect being made, ^ also when a bill from the Commons has been rejected by the Senate. 2 In some few instances, the fee has been refunded in the subsequent session. Committees on Private Bills, As before stated all private bills are referred Oommit- . tees on after their second reading either to the Standing private Committee on Railways, Canals and Telegraph Lines, or to that on Banking and Commerce, or to that on Miscellaneous Private Bills ; ^ these committees are appointed early in the session and continue in existence until its close ; thay each consist of a large number of Members who are nominated by a special committee (which prepares lists of all standing committees at the beginning of each session) and the nomination confirmed by the House ; members may be sub- sequently added by the House. The quorum of the Railway Committee consists of the majo- rity of its members, of the Banking Committee, the quorum is nine, and of the Miscellaneous * Journals, 1879, p. 181. 2 Joarnals, 1881, p. 334. » Rule 59. 22 COMMITTEES. I ]!; Examina- tion of witnesses under oath. Voting. Members as wit- nesses. When House sit- ting com- mittee cannot sit. General instruc- tions. Private Bills Committee sev n ; these commit- tees have power to send for persons, papers and records and to report from time to time, and by the Act 31 Vict. chap. 24 are empowered ta examine witnesses under oath, such oath to be administered by the chairman or any member of the committee. At their first meeting they elect a chairman who, in all questions arising before the Com- mittee, votes as a member, and when the votes are equal has a second or casting vote.i Every member present in the Committee should vote on all questions brought up. If the attendance of a member of the House be required as a wit- ness, the proper course is for the Chairman to write to the Member requesting his attendance ; if he refuse to attend, the fact is reported to the House in order that they may take such steps in themaiter as ihey think fit. The Committee cannot sit during the sitting of the House ; all proceedings are void after announcement that the Speaker is in the chair.2 General and Special Instructions, There are some general instructions given these Committees by the Standing Orders of the House concerning all private bills, viz. : — to call , . 1 Rulee2. 2 May, p. 388. i COMMITTEES. 23. \ i the attention 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 Orders ; i to require proof, in every case that the persons whose names appear in a bill for incorporating the company are of full age, and in a position to effect the objects contem- plated, and have consented to become incorpo- rated; 2 in bills for confirming any letters- patent or agreement to see that a true copy of the same is annexed to the bill,^ and w^hen only material alteration has been made in the preamble such alterations, and the reasons for the same, are to be stated in the report, and that all bills referred to the Committee are to be reported back to the House in every case. ^ Special Certain instructions may also be given by the tions. House to the Committee, as for instance the Eailway Committee was instructed on 21st April 1873, to enquireinto the subject of Sunday traffic on Kailways under control of Parliament withaview ofreducing, ifpracticable, such traffic. In 1867-8, the question of jurisdiction having Commit- been raised before the Banking Committee with struction. * Rule 63. 2 Rule 61. 3 Rule 57. * Rule 64. 24 COMMITTEES Order of reference dis- charged. regard to certain bills, they in one case^ soli- cited an instruction from the House, which, not being given, the bill was not proceeded with : in two other cases 2 they amended the bills and reported them, calling attention, in their report, to the doubts raised ; one of these bills was subsequently proceeded with, and the other abandoned. The Eail way Committee in 18 Yl also reported in reference to a bill respecting the Northern Railway that as the G-overnment held a lien for a large amount upon that road, the consent of the G-overnor Greneral should be first obtained before further proceedings were had thereon; this consent was obtained and the bill subse- quently passed. After having referred a bill the House may, if it think fit, instruct a committee to report it back before consideration, or may discharge the order and refer it to another committee,^ or may discharge the order and direct the bill to be withdrawn, ^ or if a bill has been unfavor- ably reported on by the committee, may refer 1 Journals, 1867-8, p. 60. ' Journals, 1867-8, p. 357. 3 Journals, 1880, p. 77. * Journals, 1878, p. 60. ■ \ ii COMUIITSES. ifi I the same back again to the committee for re- consideration.i The committee have some times reported back bills which they considered might more advantageously be referred to another committee. In such cases, the notice already given by the committee under Rule 60 has generally been declared to be sufficient. 2 Their Proceedings. At each sitting a list of the bills which are order of ready for consideration is laid before the Com- tion of mittee in the order of their reference ; and unless otherwise agreed upon by the Committee they are taken up in that order. It is, however, competent for the Committee to fix a day for the consideration of any certain bill or bills ; this is usually done in the case of important bills, or when the persons interested have come a long distance, or are put to considerable expense in remaining over until their bill can be considered. * Parties desirous of opposing any bill before Opposi- the Committee present a petition to the House bills. 4stating the grounds of their opposition, which Journals, 1880, p. 265. 2 Journals, 1871, pp. 229, 230. 26 COMMITTEES. Counsel. I ' Freamble read. is referred to the Committee on the bill ; ^ (as are also all petitions in favor of the measure), the petition should distinctly specify the grounds on which the petitioners object to the bill, or any of its provisions, as the petitioners can only be heard on the grounds so stated. 2 If no parties, counsel, or agent, appear on behalf of the petition it is tabled. The promoters of a bill may be heard by counsel if they desire it, on a motion to that effect being made by a member of the Committee and agreed to ; as may also petitioners against the preamble or any of the clauses, if, in their petition, they have prayed to be so heard. No 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 any bill depending therein, without special permission. ^ After the Committee has been called to order the Chairman reads the title of the bill that stands first on the list for consideration, and if the promoters are ready to proceed, he reads the 1 Rule 59. 2 May, p. 687. 3 May, p. 358 ' • COMMITTEES. • preamble, and if the Committee so desire, the petitions for and against the bill are also read, after which the promoters of the measure, and then those opposing it, are heard ; should the opposition be only to certain clauses of the bill, it is usual to defer the same until those clauses are reached. Should the promoters not be ready to proceed the next bill on the list is called and soon. After the arguments have been heard and considered, the Chairman puts the question " Shall the preamble be adopted," if resolved in the affirmative he affixes his initials thereto and then proceeds with each clause in the same manner ; should there be amendments or new clauses added he initials them also and marks on his copy of the bill where they are to be in- serted. In the case of the preamble being amended the reasons for so doing must be stated in the report ; ^ and if any unusual pro- visions are found in the bill or any that do not appear to have been contemplated in the notice special mention of them also is to be made in the report ; 2 after all the clauses, and amend- 2t Promoters and peti- tioners heard . Question put on preamble. Preamble amended. Unusual provi- sions. * Rule 64. See also Journals^ 2 R^ie 63. 1881, p. 264, and 1873, p. 252. 28 Report. i; ( Preamble not proven. COMMITTEES ments, if any, have been disposed of the Chair- man puts the question " Shall this bill l;)e re- ported to the House " (the words " as amended*^ are added if there are any amendments), if agreed to he signs his name at length at the foot of the bill, and then reads the title of the next bill on the list. If the Committee report to the House " Th»t the preamble has not been proved to their sa- tisfaction " they must at the same time state the grounds of their decision. Of these may be instanced, — That the provisions of " The Canada Joint Stock Companies Act 187t " give large facilities for the incorporation of Loan Compa- nies on conditions approved by Parliament, and it is unnecessary and objectionable to grant a special Act of Incorporation for that purpose without special reason, which has not been given, 1 — That it appears proper, before incor- porating another company for the same purpose, to give the Company already incorporated an opportunity during the current year to make a bond fide beginning and prosecution of the under- taking, 2 that the evidence submitted in favor 1 Journals, 1881, p. 215. 2 Journals, 1880, p. ,14;^. COMMITTEES. 2» r of the preamble was insufficent, ^ that in ti'ew of the representations made they deem it i'nexpedient to proceed with the bill this scs- sion.2 The House may, if it think fit, direct the House may require the Committee to report the evidence upon which evidence. their decision that the preamble was not proven was founded. ^WTien iihe Committee decide that the pream- ble has not been ptoven it is not competent t&r them to reconsider and reverse it, but the bftl should (if necessary) be recommitted lor that purpose.^ In the ca:se of any bill sent down from the Evidence , on bills Senate, the Committee, if they have not sufficient from Senate. evidence before them, can direct their chairman to moVe ill the House that a message be sent to their Honors, requesting that the proofs and evi- dence on which the bill was founded may be commuuicated ; and these, when sent down, "' are referred to the Committee. ' In filling up the blanks in the bill, the Commit- Rates of tee are required to insert the maximum rates to be - — . inserted- I Journals, 18T8, p. 99. 3 Journals, 1869, p. 233. 3 May, p. 722. 30 OOMMTTTEES. I ' .'I I I. !i Limitation of power to make amend- ments. Re-print- ing ofbills. of toll, fees, or other charges to be imposed under its provisions, which are printed in the bill in. italics, for the information of the House, but are technically regarded as blanks.^ The power of the Committee to make amend- ments is, however, limited ; care must be taken in preparing them, that they involve no infrac- tion of the Standing Orders, and are not ex- cessive.2 No new provisions may be intro- duced by which the interest of parties, who are not suitors to the bill, or petitioners, before the Committee, can be affected, without due notice having been given to such parties. i :. ;. If the amendments made by the Committee are so important or extensive as to render it neces- sary that it should be reprinted before its consi- deration by the House, this is done at the expense of the promo ters.^ Consoli- dation of bills, &c. The Committee has of late years on severs^l occasions consolidated two bills referred to them into one ; ^ and have even granted more extensive powers than were asked for in the 1 May, p. 670. 2 Rule 63. 3 Rule 58. ^ Journals, 1881, p. 213. CSOMMITTEEB. 81 I [> e e petition, ^ and sometimes have changed the title of a bill^ referred to them ; 2 these matters must be mentioned specially in the report ; the proper time, however, for changing the title of a bill is in the House at the third reading.^ A bill, after it has been reported, ma^ be bih* referred back to the same committee ;4 but this bl^ck?^ is rarely done. The evidence taken by the committee is not Evidence generally reported to the House, except in those repo^S;^ cases where a special order to that effect may be made ; it is entered in a book, with the minutes of the proceedings of the committee, and kept in the Committee room ; but in some instances the committee have reported the evidence and their proceedings without an order being made. ^ x Every bill referred to the committee must be .n un . "* All bills to reported.6 If the promoters of any bill inform ^5'"®?°^ the committee thi t they do not desire to proceed further with it, the fact is reported to th® House ^ and the bill will be ordered to be with- * Journals, 1881, p. 313. 2 Journals 1880, p. 104. 3 Journals. 1880, p. 123. ^ Journals, 1880, pp. 209 and 265. ^ Journals, 1869, pp. 233 and 266. « Rule 64. ' Journals, 1881, p. 355. at PROCEEDINGS AFTER REPORT. ,: ) !.1 ' , I Time for receiving reports limited. drawn ; ^ or if any other parties before the com- mittee either as petitioners or opponents of the bill, desire to proceed with it, the committee may permit them to do so.2 The 49th Eule, while it limits the time for re- ceiving petitions and private bills, respectively, also provides that no report of any Standing or Select Committee, upon a private bill be received after the first six weeks, but this period i» invariably extended. Proceedings in the House after Report. Reference By the 65th Eule of the House of Commons to com- ) , mittee of all private bills reported .from a Standing Com- tLe whole. . i^-i n L^ r\ mixtee are placed on the Orders of the Day following the reception of the report, ^ for con- . , consideration in Committee of the Whole, next after bills >-eferred to a committee 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 which the commit- . * Journals, 1881, p. 355. ed from the Select Standing 2 May, p. 633, (note ) Committees of the House be 3 On 14th March, 1881, as the placed immediately on the Session was drawing to a close it Orders ot the Day for consider- wasordered that for the remainder ation in Committee of the of this Session Private Bills report- whole House. PROCEEDINGS AFTER REPORT. 33 tee 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. ^ Private Bills on the Orders of the Day, in the Private House of Commons, are called up on Holidays, immediately after the daily routine of business ; on Wednesdays and Fridays they are called for the first hour, at the evening sitting ; w^hile on Tuesdays they appear last on the Orders. ^ 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. It may be well to remark here, that while it Amend- is of course, competent to the House to amend standing or reject any bill after it has been reported by a tee gener- Standing Committee, and to amend or reject any accepted of the amendments agreed to by the committee, ^ouse. practically this right is rarely exercised. The inability of the House to discuss a private bill upon its merits in the absence of such information as eviden<3e alone can supply, renders its refer- ' ence to a Standing Committee indispensable; and the House practically delegates its respon- 1 Rule 65. 3 a Rule 19. ^ ! i Jl"' I.- II 'Mi '1 !| ' • t Hi i , '! 84 PROCEEDINGS AFTER REPORT. sibility to that committee, and almost invariably accepts their decision The principle thus acted upon by our Canadian Legislature, has been established in the Imperial Parliament as the result of a very long experience in private bill legislation. In pursuance of this principle, the practice has prevailed of late years, in the Lower House, in the consideration of private bills in Committee of the Whole, of not treating the amendments made by the Standing Committee as amendments, but considering the bill, as amended, as a whole ; thus in reporting the bill to the House, the Chairman refers only to the amendments made in Committee of the Whole. Bills from the Se- nate 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 concurrence.! Notice of When it is intended to propose any important mentsto amendment in Committee of the Whole, or at e given. ^^^ third reading, one day's notice thereof must be given.2 1 Todd's Private Rill Practice, 2 Rule 67. pp. 102 and 103. PB0CEEDING8 AFTER REPORT. M In the Committee of the Whole, the same Proceed- • • course is adopted as in the Standing Committee, commit- / « , rt >- V *6® of the (See remarks on page 2o.) Whole. If the Committee cannot go through 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. Report. the Chairman puts a question, " That I do re- port this bill without amendment," or " with the amendments, to the House ; " which being agreed to, the sitting of the Committee is con- cluded, and Mr. Speaker resumes the chair ; upon 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 amendments thereto," or that " they had gone through the bill and directed him to report the same without amend- ment." Sometimes, however, the proceedings of a Committee are brought to a close by an order " That the Chairman do now leave the chair," in which case the Chairman, being without instructions, makes no report to the House, and the bill disappears from the Order Book and is generally regarded as defunct ; but ic is never- ■^ 36 Proceed- ings after report. PROCEEDINGS AFTER REPORT. theless competent for the House to appoint another day for the Committee, and to proceed with the bill.i When the Chairman has reported the bill to the House, the entire bill is open to considera- tion, 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 lor further amendment.^ If amend- ments have been made in committee, the ques- tion 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 amend- ments 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 Standing Orders Committee for their report. ^ "When the bill has been reported, and the amendments made in the Committee (if any) have been disposed of by the House, it is ordered for a third reading on the following day. ^ May, p. 476. 2 May p. 478. 3 Todd's Private Bill Prac- tice p. 108. THIRD READING. 87 Third Reading of the Bill, Private Bills on the Orders of the Day for Third a third reading take precedence on private bill days of all other orders.^ It is not customary at this stage to make any amendments but such as are merely verbal, no important amendment 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.3 The order for the third reading being read, Passage of the Member in charge of the bill moves 1st " That the bill be now read the third time ; 2nd, " That the bill do now pass and that the title be." The Clerk is then ordered to carry the bill to the Senate and desire their concurrence.^ In cases of urgent and pressing necessity a Dispens- bill may be advanced two or more stages in one standing day; but, otherwise, no motion for dispensing ' ^^^' , with any of the Standing Orders relating to private bills is entertained by the House until after the same has been referred to, and reported 1 Rule 20. a Rule 67. 3 Journals, 1881, p. 269. ^ Journals, 1881, p. 207. M THIRD READING. '■i I !i I i ■ Amend- ments made by Senate. Amend- ments referred in certain cases. Order referring amend- nlents di^ ohai> ged. Amend- ments dis- Agr( "td to. upon, by one or more of the private bill com- mittees. 1 • ■ • If a bill be 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 consideration." They are then read by the Clerk the first time, and if merely verbal or unimportant 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 proceedings on the matter are suspended- until their report is received. Occasionally the House has discharged the order referring the amendments, made by the Senate, to the Standing Committee, and have taken the same into consideration at their then pitting.4 If the House disagree to one or more of the amendments, the reasons therefor are set forth » Rule 69. 3 Journals, 1881, p. 272. 3 Rule 68 ; also Journals, 1877, p. 282. * Journals, 1877, p. 343. PRIVATE BILLS IN THK SENATE. 89 in the motion for disagreeing, and are commu- nicated to the Senate by Message ; ^ an oppor- tunity is thus afforded the Senate of not insist- ing upon the amendments objected to ; in the event of either House refusing to yield the point in dispute, the bill is withdrawn or abandoned. Proceedings on Private Bills in the Senate. The proceedings of the two Houses on pri- Proceed- vate bills may be said to be identical. Senate. There, is however, one provision in the Rules of the Senate that does not appear in the Com- mons rules, viz : that, at any time before the final passing of a private bill, the same may, if the Senate think fit, be referred to the Supreme Court for their examination and report as to any point or matter in connection with such bill expressed in the Order of Reference.^ When any private bill has been referred to a Eyidence. Select or Standing Committee, the same course is taken for obtaining evidence upon the pre- amble ; or the committee can, if they desire it, instruct their chairman to move that a message be sent to Commons, requesting that the proofs * Journals, 1880, p. 322. ^ Senate Rule 55. 53= 40 'if ; • i M . i i I 111 I Notice of sitting of commit- tee. Divorce bills. PROCEEDINGS IN THE SENATE, and evidence on which the bill is founded may be communicated, and these, when received, are referred to the committee. In the case of bills originating in the Senate, upon which no- tice by advertisement is required by the Rules, the committee give one week's notice of their sitting and twenty-four hours notice on bills originating in the Commons ; divorce bills, how- ever, are introduced first in the Senate and there are certain Standing Orders and rules concern- ing them and which are peculiar to that House ; these will be found printed in full at the end of this work. When a divorce bill is sent down by the Senate to the Commons for their concur- rence a copy of the evidence and documents on which the bill is founded are communicated at the same time.i Proceed- The bills sent down to the Commons pass Commons through the same stages, and are subject to the bins. same rules, as other private bills. When any private bill is so received, that is not based on a petition which has been already reported on by the Committee on Standing Orders, it is taken into consideration and reported on by the 1 Senate Journals, 1879, p. 188. ROYAL ASSENT. 41 i said committee, after the first reading,^ with reference to the notices required by the liules. The practice in the Senate with reference to BiUa any of their bills which may have been returned by Com- from the Commons with amendments, differs somewhat from that of the Commons, leaving it optional to refer the amendments to the Stand- ing Committee, or to a Commitee of the Whole.^ Royal Assent. Private bills receive the Royal Assent in the Royal same manner and form, and at the same time as public bills. ' By the "Interpretation Act" passed in 1867, ah Acta it is provided that "every Act shall, "unless by deemed express provision it is declared to be a private Acts. Act, be deemed to be a public Act, and shall be judicially noticed, by all Judges, Justices of the Peace, and others, without being specially p ded ; and all copies of Acts, public or pri- vate, printed by the Queen's Printer, shall be evidence of such Acts and of their contents; " section 13 of the same Act provides that the Governor in Council may direct the distribution. ^ Commons Rule, 56. 2 Senate Rule 71. II f ; I 1 1 ' 42 RULES RELATING TO PRIVATE BILLS of the Statutes in such manner, either by the binding of the Public General Acts, and Acts of a local or private character, in separate volumes, or by binding them together in the same volumes with separate indexes or otherwise, as may be deemed expedient. Rules relating to Private Bills, Petitions 49. No petition for any Private Bill is re- forPriyate ceived by the House after the first ten days of ^' each Session ; nor may any Private Bill be pre- sented to the House after the first two 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. « Pubiica- 60. The Clerk of the House shall, during each Cierk^of ^ recess of Parliament, publish weekly in the Ruies'reia- Ofl&cial " Canada Gazette," the following Rules tices*°&c°" I'Gspecting notices of intended applications for Private Bills, and the substance thereof in the Official Gazette of each of the Provinces ; and the Clerk shall also announce, by notice affixed in the Committee rooms and lobbies of this House, by the first day of every Session, the time limited for receiving petitions for Private Bills, and Private Bills, and reports thereon. Notices for 51. All applications for Private Bills, properly Private h^q subjects of legislation by the Parliament of Canada, within the purview of " The British North America Act, 186*7," whether for the BULES RELATING TO PRIVATE BILLS. 48 erection of a bridge, the making of a railroad, turnpike road, or telegraph line ; the con- struction or improvement of a harbour, canal, lock, dam or slide, or other 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 individual or in- dividuals any exclusive or peculiar rights or privileges whatever, or for doing any matter or thing which in its operation would affect the rights or property ol other parties, or relate to any particular class of the community ; or for faking any amendment of a like nature to any former Act, — shall require a notice clearly and Notices for distinctly specifying the nature and object of gJig**® the application, and (except in the case of jBxisting Corporations), signed on behalf of the applicants, to be published as follows, viz : — In the Provinces of Quebec and Manitoba. — A Notice inserted in the the Official " Canada Gazette," in the English and French languages, and in one newspaper in the English, and one newspaper in the French language, in the Dis- trict 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 " Canada Gazette," and in a paper published in j|ii adjoining District. Tn any other Province — A Notice inserted in the Official "Canada Gazette," and in one news- paper published in the County, or Union of bounties, affected, or if there be no paper mm 44 BTTLE8 RELATING TO PRIVATE BILLS. It Toll Bridge. 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 interval of time between the close of the next preceding Session and the consideration of the Petition ; and copies of the newspapers contain- ing the first and last insertion of such notice shall be sent, by the parties inserting such notice, to the Clerk of the House to be fyled in the Standing Orders Committee room. 62. Before any Petition praying for leave to bring in a Private Bill for the erection of a Toll bridge, is presented to the House, the person or persons intending to petition for such Bill, shall, upon giving the Notice prescribed by the preceding Rule, also, at the same time and in the same manner, give Notice of the Rates which they intend to ask, the extent of the privilege ^be height of the arches, the interval bet wee- 3 abutments or piers for the passage of rr .^d vessels, and mentioning also whether they _^tend to erect a drawbridge or not, and the dimensions of the same. 63. Petitions for Private Bills, when received by the House, are to be taken into consideration by'stand- (without special reference) by the Committee ing Orders Standing Orders, which is to report in each case tee. ^ whether the Rules with regard to Notice hav been complied with ; and in every case where the Notice shall prove to have been insufficient, either as regards the Petition as a whole, or any Petitions to be re- BULES RELATING TO PRIVATE BILLS. 45^ matter therein which oup^ht to have b(H^n spe- cially referred to in the Notice, the Committee is to recommend to the House the course to be taken in consequence of such insufficiency of Notice. 64. All Private Bills from the Senate (not Private being based on a Petition which has already ^iiis from been so reported on by the Committee) shall be ' ^ first taken into consideration and reported on by the said Committee, in like manner, after the First Reading of such Bills, and before their consideration by any other Standing Committee. 65. No motion for the suspension of the rules suspen- upon any petition for a private bill is enter- sjo^ of tained, unless the same has been reported upon " ^^' by the Committee on Standing Orders. 66. All private bills are intioduced on petition, introduc- and presented to the House upon a motion for p°." °[ leave, after such petition has been favourably Bills. reported on by the Committee on Standing Orders. 67. When any bill for confirming any letters Letters patent or agreement is presented to the House, Patent, or a true copy of such letters patent or agreement menta" m.ust be attached to it. 68. Any person seeking to obtain any private ^eea and bill, giving any exclusive privilege, or profit, or cost of i private or corporate advantage, or for any anTprint? amendment of an} former Act, shall be required ingPri- to deposit with the Clerk of the House, eight ^^^^ Bills. days before the meetiTi.*, 19 Except in cases of urgent necessity not dispensed with unless on recommendation of a committee 37 When bill transferred to another committee, notice already given held sufficient i 26 Kotice to be given of amendments proposed in the House 34 Notice for suspension of private bill rules, requires recom- mendation of committee 37 OflRcQrs of the House mav not act as Parliamentary Agents.... 6 Opposition to private bills before Standing Committee 25 Ma^ be opposed in the House at second reading 17 Petition specifying grounds of opposition should be presented 25 Petitions against the bill stand referred to committee 18 Petitioners may be beard by counsel 26 Opposition held to be abandoned if petitioners do not ) appear. 26 Opposition. to certain clauses 27 Orders of the day, place assigned to private bills on 17 Parliamentary agents— ,- i * Employment of in Commons 5 Qaniiot act without authority of Speaker 6 Subject to a i);rohibition to practice for violation of rules. 6 r> l^embers ano Officers of the House disqualified 6 Patents of invention placed under control of Parliament of 5, Canada 4 Petitions— . , Every T)riyate bill based on a petition 7 ]Jot to pe signed by Agents but by the parties themselves. 7 Mode of presentation 7 Time for presentation limited. Extension of time 7 l^ode of prQceedipg after expiration of time 8 Reported 0131 by ,i^tap.,ding Orders without special reference. 8 For or against bills stand referred to committee thereon. . 18 Should l?epi;esen ted by opponents specifying grounds of objections 25 p l^ptitioners may be heard by Counsel 26 rreamjble— ., {iieLtlon pjjt oi\., 27 *reambl€^, proved ^ 27 Lli^ral^ipjQS in preamble to be specially reported 27 ff not.proven, reasons therefor to be reported 28 Committee cannot reconsider and reverse such decision.. i 29 Principle qf private bills affirmed conditionally at second reading.... 16 S9 1^ 60 INDEX. Mi 1^ !'■ I M Printing of private bills — Paqb To be printed in both languages 14r If amendments made are extensive bill must be reprinted. 30 To be pt-inted with Statutes it passed 19 All charges borne by promoters 30 Private bills. See Bills private sind Committees. Private bill Committees. See Committees. Private bill days in Commons , 17 Private bill register to be kept 7 Provincial companies and works under exclusive control of Provincial Legislatures 5 " Public Act " every private act to be deemed such Queen's consent. See Crown' rights of. Queen's Printer, copies of acts printed by, to be evidence. 41 Railways — Such as extend beyond the limits of a province placed under the control of the Parliament of Canada *. 4 Also such as arc declared to be for the general advantage of Canada 4 Standing Committee on. See Comnittees. Rates or tolU to be printed in bill in italics 16 Re-commitment of bills after report of Committee of the Whole 37 Reference of private bills to committees after second reading. 18 May be referred back to committee after report ..... 31 Reports of Committees on private bills 28 That preamble is not proven 28 That alterations have been made therein 27 Recommending an extension of the provisions of the bill.. 30 Calling attention to unusual provisions 27 Every bill referred must be reported 31 Evidence not usually reported but may be 31 Time for receiving reports limited but usually extended... 32 Royal assent given to private bills in same manner as to public bills 41 Rules relative to private bills 42 Notice to be given of motion to suspend any rule 37 Divorce bill rules 51 Savings B.nnks under control of Parliament of Canada 3 Second reading ot private bills 16 Principle affirmed conditionally 16 Postponement thereof. 17 Referred after Second Reading to committee 18 Semi-private bills require same notice as private bills 2 Senate — Private bill rules similar to Commons ft INUEX. et Senate— Con^** Page Bills from, reported on by Standing Order,- after 1st reading when no previous report has been mnde on a petition 9 Divorce bills introduced first in 14 Proof of compliance with rules relative to notice 11 Evidence taken in Senate on divorce bills communicated to Commons with bill 40 Practice in Senate in regard to amendments of Commons 41 practice when Senate amendments disagreed to 38 Proceedings on private bills in Senate 39 Shareholders, proof of their consent in certain cases 12 Standing Orders Committee — All petitions relating to private bills referred to them.... 8 Mode of voting 11 Sitting of Committee 11 Mode of proving compliance with Standing Orders 11 Examine (without special reference) all petitions for private bills and report thereon as to whether proper notice has been given 8 Special recommendation in certain cases 8 Examine bills from Senate after first reading (if no previous report has been . nde on petition) 9 Report certain petitions exempt from notice 12 Grounds on which suspension of rules may be recom- mended 12 No motion for suspension of rules entertained till com- mittee has reported thereon 14 Notice reported insufficient 12 Petitions referred back for further consideration 13 Amendments made to bill in excess of notice referred to Standing Orders Committee 36 Steam or other ships, lines of, as extend beyond the limit of a single province under control of Parliament of Canada. 4 Taxes, bill imposing taxes should be first brought into the Commons 14 Telegraph lines. See Railvays — x Third reading of private bills 37 Ordered 36 Take precedence of all other orders on private bill days 37 Vfirbal amendments only proposed at 37 Liii may be recommitted 37 Form of passing bill 37 Title changed at third reading 31 oils. See Taxes — Amount to be printed in bill in italics, 16 Maximum rates to be inserted by Committee 29 Ift ! 60 1? INDEX. Unprovided cases, Imperial practice to be followed in all ^^S Unusual provisions, cTommittee to mention in t^ieir rep^tiny! ^ Voting in Committees on private bills......... ..':?'.. ,L^!Z 22 Withdrawal of bill by promoters qi Witnesses, Committees on private bilirmay eiaiTne on oith* 22 Attendance of Members, as witnesses...... lo Examination in Divorce cases to Mode of summoning them in DIvorce'cases U Arrest on refusal to attend H ' ?^- ! t 1? ■ Is 1 I I ^Sif- Pagi ^" n ortany. 27 22 31 >n oath. 22 22 52 63 ^