^yd "^ CANADIAN MANUAL ON THE PROCEDURE AT 3IEETIXGS OF MUNICIPAL COUNCILS, SHAREHOLDERS AND DIRECTORS OF COxMPANIES, SYNODS, CON- VENTIONS, SOCIETIES AND PUBLIC BODIES GENERALLY WITH AN INTRODUCTORY REVIEW OF THE RULES AND USAGES OF PARLIAMENT THAT GOVERN PUBLIC ASSEMBLIES IN CANADA. BY J. G. BOUMNOT, C.M.G., LL.D., D.C.L., D.L. Clerk of The House ok Commons ; Author of I'arHnnuntitrij Procedure in Canada ; Mauuti I of Canadian Conttitutional Hintory ; F*'deral Goreinment in Canada ; Canadian Studieit in Comparative Potitics, etc. TORONTO: THE CARSWELL CO. (Ltd.), LAW PUBLISHERS, ETC. 1894 ^\. r- 61774 F SIS :b6 Entered according to Act of the Parliament of Canada, in the year one thousand ei^ht hundred and niuetj-four, by The CabsweuLi Co. (Ltd.). in the Oflico of the Minister of Agriculture. TOROWTO : PKIMTED BT TItK vARHWBLr. CO. LTD. 33, 30 AdeUide Ht. But. PREFACE. SINCE the publication of the author's large work on Parliamen- tary Procedure some years ago, he has been in constant receipt of enquiries on various points of order that have arisen froui time to time in municipal and other meetings, and hns consequently seen the practical necessity that exists for a relative y short treatise that is directly adapted to the special wants of municipal councils, public meetings and conventions, religious confei'ences, shareholders' and directors' meetings, and societies in general. Such a treatise will necessarily supplement the large work just mentioned, which is exclusively devoted to parliamentary proce FrRST PART. ROLES m [SAGES OF PAIIUAMENT. I.— GENERAL OBSERVATIONS. II.— SUMMARY OF THE RULES AND USAGES OP PARLIAMENT. I.— GENERAL OBSERVATIONS. I. Public meetings and assemblies in Can- ada, p. 3. J?. All public bodies generally governed by the parliamentary law oj Can- ada, p. 4. 3. Special rules necessary in certain cases, p. 5. 4. How regulations can be changed, p. 6. ■5. Suspension of rules, p. 6. 6. Meaning of ''session," ''sitting," " meeting," etc., p. 7. 7. Presiding officer, p. 7. 8. Hoic chosen, p. 8. J>. Special statutory provisions provided \ in majority of cases for selection of such officer, p. 9. 10. Quorum, p. 9. 11. Order of business, p. 9. 12. Notices of motif^ns, p. 10. 13. Minutes of proceedings, p. 11. 14. Proposal of motions, p. 11. 15. Putting of motions and amendments thereto, p. 12. 16. Taking sense of an assembly, p. 12. 17. Debate, p. 13. 18. " Previous question^' explained, p. 13. 19. Object of all rules : due deliberation, p. 16. 20. Relevancy of debate, p. 16. 21. Question once decided not renewable, a» a mile, at same session, p. 17. 22. Reconsideration, p. 17. 23. Committees of the whole, p. 19. 24. Importance of select committees, p. 20. 25. Reports of committees, p. 21. 26. Dilatory motions, viz.: To adjourn, p. 21. To lay on the table, p. 22. To postpone to a specified time, p. 23. To postpone indefinitely, p. 24. To commit, in American practice, p. 24. 87. General remarks on preceding motions, p. 25. 28. Importance of rules of order, p. 26. I. Meetings of public bodies in the Dominion. — Since the time Canada was relieved from that system of absolutism and repression of all debate, which was a signal feature of the French regime, and became a country of English institutions, her people have raised a structure of government having at its basis freedom 4 - GENERAL OBSERVATIONS. of speech and thought. We must place first those primary (a) meetings which are called together from time to time to discuss public questions relating to the general, the provincial, or the municipal affairs of the country. Then come the meetings of the numerous municipal councils which are guided by certain statutory laws and rules of procedure, and are at once deliberative and legislative in their character. A story higher are the various legislative bodies of the several provinces, which have plenary jurisdiction within their provincial limits, and are themselves the creators of the municipal bodies immediately below them in the structure of government. The dome of the edifice is the parlia- ment of the Dominion, having powers of legislation over the general affairs of the whole confederation. In addition to this artificial system which has slowly evolved from the necessities of a community having the instincts of a self- governing people, there are numerous conventions, synods, confer- ences, literary, labour and benevolent associations, and directors' and shareholders' meetings, which have grown out of the require- ments of all classes in these busy times. 2. All public bodies governed by parliamentary law. — The meetings of these several bodies, from the simple primary, ward, village or town assembly to the complicated session of parliament, are all, more or less, governed by the leading principles of the common law of parliament — those generally recognized rules which have had their origin in the parent state, the old home of the common law and of the parliamentary system of Canada and of all the English speaking peoples of the world. It is a well under- stood principle that the people of these dependencies, in adopt- ing the common law of England, did not adopt it in its entirety, but only those parts of the system which are suited to a new colonial condition, very different from the state of society under (a) I do not use the word •• primary " here or elsewhere in the narrow sense customary in the political organizations of the United States, but I refer to a " public meeting " in the ordinary or common acceptation of the phrase ; that is to say, an assembl;^' of all persons interested in the object for which it is called, and not a legislative or representative or other body of limited membership, and subject to certain constitutional and other regulations. HOW PUBLIC BODIES ARE GOVERNED. » -which the usages of the common law grew up. On the same prin- ciple, the common law of parliament that governs in this country is that system of rules and conventions which has heen adapted from the elahorate system of the great prototype of all legislative assemhlies, and estahlished by usage and prescription in this Dominion to meet existing conditions. As a matter of fact, the dififerences of law and procedure are relatively few — the method of putting amendments being one of those differences — but where they do exist they should necessarily govern all assemblies that have a permanent code of rules or bj'-laws for their guidance. 3. Special rules necessary in certain cases. — Every assem- bly of the character previously described in general terms, will, of necessity, have its own rules adapted to its peculiar organization and requirements, just as parliament itself has its special orders governing its hours of meeting, its order of business and such other matters as are essentially of detail. But each and all should be, and are in fact, governed by those old rules which I regulate debate, the making and putting of motions, the introduc- ^ tion and passage of bills, the procedure of committees of the whole 9 and of select committees, and, in short, such other proceedings of m parliament as are well calculated to ensure calm deliberation, full * discussion and sound legislation. The proceedings of deliberative, legislative and other public bodies — that is to say, of those bodies which have a complicated and elaborate procedure compared with the simple regulations of primary assemblies and meetings — are governed by statutory enactments as well as by ordinary rules of parliamentary usage. The parliament and the legislatures of Canada, municipal councils, public companies, religious conferences, courts and synods, and the more important societies of the country at large, are all, in certain essential particulars, governed by the rules of their respec- tive constitutions or charters of existence. These statutory enactments cannot be changed at the mere will of the body they govern, but only by the superior legislative authority that enacted ^them. But to all bodies, generally speaking, there are given either Jin express terms, or by necessary implication, the right to make 6 GENERAL OBSERVATIONS. Buch rules, regulations and by-laws as are essential to their use- fulness and very existence as legislative, deliberative, or business bodies. 4. How regulations can be changed.— All such rules, regu- lations and by-laws are left necessarily to be modified, amended or changed by these bodies themselves. As long as they remain in force, and are not in direct conflict with statutory enactment or in excess of the powers given by law, they must regulate the pro- ceedings of the bodies that have passed them. They cannot be . changed or altered except in accordance with the methods laid down in the regulations or the law, and any violation of them may be prevented by any member asking the intervention of the chair under the rules. 5. Suspension of rules not to be encouraged. — At times, it may be necessary and convenient to suspend rules by unanimous consent, but this should rarely be permitted even in the society of the most humble object, and never, except in cases of urgency or routine business, in municipal or other bodies, regulated by law and immediately dealing with the rights and interests of indivi- duals. Every assembly having legislative and large responsibili- ties, should have a rule prohibiting a change of any fundamental rule, or by-law, except after exact notice of the proposed amend- ment. In the case of bodies having a corporate existence and dealing with the pecuniary and other important interests of individuals, no important amendment should be made except after such special notice, and with the consent of a certain majority —generally two-thirds — of all the members of the com- pany or body (b). In addition, the rules or by-laws of all municipal councils, conferences, synods and other important associations^ should have a rule referring in all cases, not provided for expressly in those rules and by-laws, to the common law of parliament ; that is to say, to the rules and practice of the house of commons of Canada (c). (b) See rules of certain councils, etc., Fifth Part of this work, II. sec. 11. (e) Ibid, II. sec. 12. , MEANING OF SESSION, SITTING AND MEETING. ? 6. Meaning of session, sitting and meeting. — The business of every legislative and deliberative assembly, of every ecclesiasti- cal assembly and synod, of every municipal council, of every association and of every body of men that meet for a certain object, is transacted at a " meeting," " sitting," or " session.'* An ordinary " meeting " means the interval of time between the assembling or convening of a body until the close of its proceed- ings by an adjournment. A " session," in a strict sense, means the duration of the several meetings of a legislative, ecclesiastical or other deliberative body which assembles at a fixed time, meets and adjourns from day to day, and finally after a week, month or longer period comes to a close by prorogation, or by such other usage as terminates the session. The meetings of an ecclesiastical body which sits for several days make up one session. In the case of bodies like municipal councils, companies' and directors' meet- ings, school boards and societies, which meet once, weekly, fort- nightly, monthly, annually, or at other fixed and short periods, and transact their business at that particular time, the word " meeting " is practically synonymous with ** session." If such a short meeting is adjourned until another day to conclude the matters for which it originally met, it is the same meeting, but not a session in the large sense. A "sitting" {d) is the word sometimes applied to the daily meeting of a session of parliament, or of any other important body. 7. The presiding officer. — Every body of men, assembled for the purpose of discussion, deliberation and the promotion of a certain object, must be, from the very nature of things, presided over by a particular person, who is called a chairman. It is his duty to maintain order, read motions to the meeting, so that they may be formally debated, decide questions of order and procedure, submit motions or resolutions to the final decision of the meeting or assembly by their voices, show of hands, or poll — or, as in parliament and other bodies, by a formal recording of yeas and nays — and finally adjourn the meeting when the business is con- (d) Often called " sederunt " by a not very accurate application of a latin term. 8 GENERAL OBSERVATIONS. eluded. This chairman is called by various titles according to the usage, rule or law that governs particular assemblies and bodies. The time-honoured name of speaker, which has come down to us from the ancient parliaments of England, is still used with rigid formality in all legislative bodies. President is generally the name of the presiding officer of synods, societies and companies' meet- ings, appointed or elected for a fixed interval. Prolocutor is the old English title of the president of the lower house of a church of England general or provincial synod in Canada (e). Moderator distinguishes the presiding officer of the Presbyterian courts. Warden, mayor and reeve, are the titles derived from old English local institutions, for the presiding officers of municipal councils. The Masons, Odd Fellows and other fraternities have designations peculiar to themselves. In addressing these several officers, it is usual to call them by their special title, Mr. Speaker, or Mr. Moderator, or Mr. President, or Mr. Mayor, though each is simply a chairman in the general sense of the common law that governs all assemblies. Frequently, provision is made for a deputy- speaker, or vice-president, or other officer, to supply the place of a presiding officer during his temporary absence. 8. How presiding officers are chosen.— Either law, rule or custom regulates the selection of a presiding officer of an assem- bly, council or other body. The speaker of the Canadian and English houses is elected on motion duly made by a mover and seconder, with the clerk acting as temporary chairman. If two or more candidates are proposed, the sense of the house is given on the name of each candidate, in the same order in which it is pro- posed : that is to say, the first name is voted upon, and if rejected, the second name, and so forth. It is not usual for a candidate to vote for himself. In the case of all public bodies in this country, it would be well to adopt the same practice and in this way ensure uniformity from a primary up to a parliamentary assembly (/). (<) See Fourth Part. (/) See below, p. 27, for parliamentary rule respecting the election of speaker. SPECIAL STATUTORY PROVISIONS. 9 9. Special statutory provisions in certain cases provide for rhairiflkn and other officers.— An ordinary public or primary meeting elects its chairman on a motion duly made, seconded, submitted and agreed to by the meeting. In the case of assem- blies governed by statute, rules and by-laws — like legislative, ecclesiastical and municipal bodies, special provision is ma^e for the election or appointment of all the officers. The speakers of the house of commons and of legislative assemblies generally in Canada are elected by those bodies as provided by law. Wardens, mayors and reeves are chosen by the people of the municipalities or by the councils. The secretaries, clerks, treasurers, aud tors and such other officers as are necessary to the transaction of the business of municipal councils, shareholders' and directors' meet- ings, and ecclesiastical bodies, are generally appointed by the bodies themselves in accordance with the constitution and regu- lations. 10. Quorum. — When any meeting or public body is regularly convened, and a chairman is elected in a-^cordance with law or usage to preside over its debates and deliberations, tlie business before it can be regularly proceeded with. Every legislative and deliberative assembly with a certain number of members, has its quorum fixed by statute or by its own regulations. If there is no such provision in the constitution or regulations, then the common law requires a majority of all the members to give regularity to the proceedings of any meeting of that assembly. In case of a com- mittee of the whole, the same rule prevails. A quorum is gener- ally fixed by the appointing body for those smaller committees called *• select " or '• special." If no such quorum is fixed, then a majority of the committee must be present before any business can be transacteV As a rule it is important to have a fixed quorum for an assembly and its committees (g). 11. Order of business. — In every legislative or deliberative assembly of a permanent character, the ruiss generally provide for (g) See below, p. 29, for parliamentary rule respecting quorum. 10 GENERAL OBSERVATIONS. a regular order of business {h), which will be prepared for each meeting by the secretary or clerk, or scribe, or whatever may be the name of the recording officer, and should be called, item by item, by the chairman or clerk. It is absolutely essential to a proper discharge of the functions of every body that such an order should be regularly prepared and adhered to. In the case of an ordinary or primary or mass meeting, it should also be the duty of those responsible for its assembling and interested in its deliberations and debates, to arrange at the outset among themselves an order of proceeding, and not leave it to haphazard, and the confusion that would then probably ensue. All these matters, however, will be explained in their proper place, when we come to consider the proceedings of particular meetings. # 12. Notices of motions and proceedings. — If this order of the day is to be effective and to carry out its main object of enabling each member of a permanent assembly or organized society to discuss every question that comes before it with some knowledge, it is necessary that the rules should provide as far as possible for a notice of every substantive motion or proceeding, in accordance with a fundamental principle of parliamentary procedure — questions of privilege and order, demanding the immediate interposition of the houee, being the only exceptions. Such notices are especially important in the case of proposed changes in the constitution or by-laws of an incorporated body ; and it is well always io provide for such adequate notice as will inform all the members of the body of the precise terms of the amendment, and at the same time prevent it being made except by a vote of two-thirds of all the members (i) of the corporation, council, or assembly. The rulea on these points should be very carefully framed. Notices are not» of course, as a rule necessary in the case of amendments relevant to a motion, though it is well to remember that questions may at times arise, especially in shareholders' and directors' meetings, how (h) See below, p. 29, for parliamentary rule respecting order of procedure ; also for that of city councils, Fifth Part, II. sec. 18: (t) See Fifth Part, II. sec. 14, for rules of certain councils respecting notice. \ MINUTES OF PROCEEDINGS. 11 far amendments are allowable in the ciise of motions of which special notice has been given ( j). 13. Minutes of proceedings. — Every assembly and association Las necessarily its minutes, or authorized record of its resolutions and proceedings generally, prepared by th(j cle"*k or secretary. In parliament the daily journal or record is signed by the speaker, but it is not now formally read and approved by the house, as it i» regularly printed, and open to correction on motion duly made, or by an erratum in case of clerical error at thti end of the proceedings of a subsequent da}'. In other bodies howc^ver, it is usual to read and approve the minutes at a later meeting of the same assembly or council, and to have it signed by the ch lirman — his signature,, however, being only necessary for courts ol law. These minutes may then be corrected, but it is not regular to raise a discus- sion on the policy or merits of a question when attention is called to an error in the entry. All remarks must be simply in reference ta the particular error. The record of all business meetings should be, as in parliament, succinct and accurate uinutes of the actual motions, resolutions, and results of the deliberations, and not a report of men's speeches (A). In the case of companies' meetings, a president's address, relating to the operations of the company, is generally considered as much a part of the business as a manager's statement or a committee's report. All Euch points will be explained in the proper place in this work [l). 14. Proposal of motions. — Every question submitted to a, meeting must come before it in the form of a motion which is moved by one member of the assembly, and saconded by another. Then it is read by the chairman, so that the meeting is actually seized of the proposition. It is then debatabhs, and may be nega- tived, or accepted, or amended. Until it is proposed from the 0) See Third Part, sec. 4, for the strict interpretation that is given to a rule respecting special notices in the case of directors', shareholders', and other meetings governed by statutory regulations. (A) See Third Part, sec. 7, for mode of keeping minrtes accurately. (I) See Third Part. 12 GENERAL OBSERVATTQNS. chair it cannot be formally entererl in the minutes by the recording officer. Each motion should be in writing, except it be a purely formal and well understoc motion of routine, or one for the adjournment of the debate or of tne meeting [m). When a motion in its original or amended form is adopted it becomes a resolution, that is to say, the decision or determination of the meeting on the particular subject under consideration. That every amendment must be relevant to the subject-matter of a motion is a funda- mental principle (?i). 15. How motions and amendments thereto are " put."— In all Canadian legislative and deliberative assemblies, public bodies and meetings, motions and all amendments thereto are put by the chair in the reverse of the order in which they are made and not in the more logical but less convenient form peculiar to the English houses (o). That is to say, if, in Canada, a motion is first pro- posed, then an amendment, and next an amendment to the amendment — the full limit of such a proceeding — the sense of the meeting is taken, first on the amendment to the amendment, then on the amendment, and finally on the main motion. This usage is intelligible to every one, and is now the common law of all ussemblies in this country (p). It is only in the case of the elec- tion of speaker that the reverse of this practice obtains (q). 16. How sense of an assembly is taken on a question. — The common law of parliament also provides certain methods of coming to a conclusion on any question submitted in the way just stated. "When the chair is of the opinion that the meeting is ready to close the debate, he will first submit the question to the voice of the meeting (r), and give his opinion whether the "yeas" or (m) See below, p. 30. («) See below, p, 33, for parliamentaiy rule respecting motions. (0) See Sir Reginald Palgrave's remarks ou this point, cited in Bourinot's *' Parliamentary Procedure," 2d ed. p. 387, n. (/)) See below, p. 34, for parliamentary rule as to the putting of questions and amendments thereto. (q) See above, p. 8 ; and below, p. 27. (r) For taking " voices," see beloic, p. 41. DEBATE OF A MOTION OR QUESTION. 18 *' nays " prevail. If he cannot decide by the voices, then the rules of parliament require that five members rise, and the names of the yeas and nays be duly recorded in accordance with the method in vogue. In ordinary public meetings a show of hands («) is only necessary as a rule, and a poll, or a recording of the names (0, is peculiar to more I formal assemblies governed by strict rules. Municipal councils, generally speaking, follow the practice of legislative bodies. In some assemblies and societies, a ballot is required (it) by the rules. All of which will be explained in the proper place. 17. Debate of a motion or question.— Every member of an assembly has a right to discuss every question in accordance with the rules and usages of the body. The common law of parliament gives no limit to the length of a speech, but it is expedient in public bodies, whose meetings are held only at fixed periods, and the transaction of business should be expedited, to fix the duration of speeches on questions (v). It is a well understood rule that a reply should be allowed only to the mover of a substantive question — that is to say, a main question, to which amendments can be pro- posed — and not to the mover of an amendment, though if a new question is proposed — the adjournment of the debate, or a new amendment — then the member who has not spoken to those ques- tions can speak again (w). The old common law of parliament I still exists in Canada and the closure in the form now adopted in England has not yet reached the house of commons of the Dominion. 18. The previous question. — In the parliament and legisla- tive assemblies of Canada the previous question, as it long existed in the English commons — an ingenious method of avoiding a direct vote on a question — is still in force. No form of proceeding is less understood in public assemblies g'^nerally than ^ (») For a '• show of hands," see beloic, p. 70. (t) Foi- •• yeas and nays," see below, p. 76. (m) For " ballot,"' see belmc, p. 77. J (i') See Fifth Part, II, sec. 6; Toronto Rule 20, etc., for limitation of speeches in certain municipal councils. {w) See below, p. 38, for parliamentary rule on this subject. 14 GENERAL OBSERVATIONS. this method of bringing a meeting to a direct vote on a particular question (x). If a question is before a meeting, a member may prevent any amendment by proposing that the ** question be now put." The chairman will propose the motion like any other, but this does not mean that the meeting is precluded from continuing the discussion on the main motion, unless there is a special rule limiting the practice of parliament. On the contrary, the debate goes on as before under our general parliamentary law, and it is only when the meeting proceeds to give a final decision that the •effect of the previous question is at once felt. If the meeting decide by a majority vote that ** the question be now put," then a vote must be immediately taken without amendment or debate on the original question ; or, if the meeting negative the motion that " the question be now put," then no vote can be taken at all on the original motion, since the house has decided that the ques- tion shall not now be put — in other words, it is practically effaced for the time being (y). This suspending or removal from debate of the main motion in case an assembly negative the previous ques- tion is rarely understood in public bodies and municipal councils, «ome of which, like that of Toronto (z), entirely change the parlia- mentary rule and allow debate and amendment on the main motion if the majority reject the previous question, " Shall the main motion "be now put ? " Such debate and amendment are clearly irrecon- cilable with the decision of the majority and the origin and purpose of the previous question. As the object generally of moving the previous question is to prevent a decision on the main motion or question, the mover and seconder may vote against their own motion for the previous question in order to swell the vote against the original and objectionable motion. The ancient form of the previous question, ** That the question be not put," is preferable and would prevent such an anomaly as just stated ; and in fact, it (x) See below, p 36, for parliamentary form of the previous question. (y) See Bourinot, p. 398 ; May's Practice (8th ed.) p. 283; Cushing's Practice, <(Iarge ed.), p. 651 ; Roberts' Rules of Order, p. 52. (x) See Fifth Part, II. sec. 16, Rule 37. THE PREVIOUS QUESTION. 15 18 now the form in the English commons. The previous question, however, cannot be moved in a committee of the whole (a). But the all important point to be impressed on those who use the previous question as practised in parliament, without being thoroughly conversant with its nature, is that, while it prevents any amendment on the main motion — that is to say, if an amend- ment has been already proposed, the previous question cannot be moved except that amendment be first withdrawn — it does not stop discussion on the main subject under consideration until the meeting comes to a vote. The misapprehension that generally exists, as to the proper use, and the necessary consequence of the previous question, has arisen from confusing the rules of legislative assemblies of the United States with the common parliamentary law of Canada, alone applicable to this particular matter. In the United States the previous question takes precedence of e\zry debatable ques- tion, is not debatable, and cannot be amended. When a member calls for the previous question, the chair must immediately put the question, ** Shall the main question be now put ? " If this is carried by a two-thirds vote, all debate instantly ceases, and a vote is forced at once on the question under discussion. If the previous question is negatived, then the main question is again debatable. The previous question in United States assemblies can also be asked and ordered upon a single motion, a series of motions allowable under the rules, or an amendment or amendments. In case of an amendment the form of the question may be, ** Shall the amendment be now put ? " If adopted, debate is closed on the amendment only. After the amendment has been voted upon, the main question is again open to debate and amendments. So in the same way it can be moved on an amendment to an amend- ment. In fact, all questions are put to vote in order and with- out debate. It will therefore be seen that the previous question among our neighbours is moved under conditions very different from those in practice among us. (a) See below, p. 37. 16 GENERAL OBSERVATIONS. In all those cases, the moving of the previous question is under special rules and cannot be otherwise applied in Canada, where the common parliamentary law, as explained in the first two para- graphs, can alone govern. If there is to be no debate when the previous qaestion is proposed, the rule must so specifically state (6). In the absence of this or other definite rule of closure, the law of parliament in this country must prevail. 19. Object of all rules— due deliberation.— The primary object of all parliamentary rules is to ensure due deliberation and the orderly discussion of every question. Hence, notice is neces- sary of all substantive motions, but not of amendments or of motions for adjournment or for the previous question or other subsidiary or dilatory motions. All measures involving the expenditure of public money cannot be hastily adopted, but should be initiated in committee of the whole and pass through their necessary stages on different days (c). No two stages of any bill should be taken at the same sitting except on urgent occasions, of which the house or assembly must be the sole judge ; and every bill should be considered in committee of the whole where each clause can be separately discussed with that freedom which is best calculated to ensure accuracy in the details of the measure (d). 20. Relevancy of debate. — To prevent a waste of time and ensure a decision as soon as possible on a question at issue, it is the duty of the chair to maintain the relevancy of debate, and keep members to the subject under discussion. All acrimoni- ous personal attacks and the attribution of unworthy motives are (b) It will be seen hereafter that in the majority of cases the rules of municipal councils and other assemblies make the previous question undebatable. For cases of parliamentary rule, i.e., the previous question debatable: see Fifth Part, II. sec. 16. For cases where the previous question is not debatable, and the closure is practically in force, see Ibid. I give also in the F«/t/i Parf, III. sec. 9, a form that might be advantageously used according as it is wished to have the previous question debatable or undebatable. (c) See beloic, p. 47, for parliamentary rule governing money votes and com- mittee of supply. (d) See below, p. 53, for parliamentary rules on bills. QUESTION ONX'E DECIDED XOT RENEWABLE. 17 promptly repressed. No one can interrupt a speaker except with bis own consent or by rising to a question of order which must be succinctly stated, and deci*ge a clear rule on the subject in every society or assembly {g). {g) See special rules of Hamilton, London, Ottawa, and other city councils for reconsideration, Fifth Part, II. sec. 24. Dr. Neely, Parliamentary Practice, p. 68^ ■ays, that the motion "must be made, exceptiuf^ when the vote is by ballot, by a member who voted witli the prevailinf{ side ; which may bo a minority of more than one-third on a question requiring a two-thirds vote, or where there is a tie vote, by the negative." The following citations from American authorities on other points will be useful to those Canadian bodies which adopt the American practice in its entirety : I COMMITTEES OF THE WHOLE. 19 23. Committees of the whole and select committees.— Every legislative or deliberative assembly has the right to form itself in committee of the whole body with a chairman to preside over its proceedings instead of tiie speaker, or permanent presiding officer, and to appoint small select committees of a fixed number of members to give particular consideration to certain matters to the details of which the whole assembly cannot so conveniently attend. The great advantage of committees of the whole is the free discussion of details, without members being confined to one speech on a question. It is important, however, that in these committees the rule of relevancy should be maintained and the ♦* When the previous question has been partly executed, it cannot be reconsid- ered. Tlie motion to reconsider can be applied to votes on all questions, excepting on motions to adjourn and to suspend the rules, and affirmative votes on motions to He on the table or to take from the table. *' When the motion is applied to a vote on a sxibsidiary motion [for subsidiary motions, see below, p. 25n. ], it takes precedence of the main question. " It yields to incidental motions and all privileged questions, [see for such que8- tions note below, p. 25n.] , except for the orders of the day. A vote on an amendment, whether carried or lost, which has been followed by a vote on the motion to which the amendment was proposed, cannot be reconsidered until after the vote on the original motion has been reconsidered. " When the motion to reconsider properly applies to a vote, it cannot be made during the day on which said vote was taken, when any other business is before the house, even when another member has the floor, or the meeting is voting on the motion to adjourn, but action on the motion cannot be taken to interfere with current business, but must be deferred until the business then before the house is disposed of. " In such a case the motion is made and seconded and entered upon the min. tites, then the business before the house proceeds, and the motion to reconsider is held over to be called up at any time before the close of the session. As soon as the subject interrupted has been disposed of the reconsideration, if called up, takes precedence of all other motions, except to adjourn and to fix the time to which to adjourn." — Neely. " The effect of making this motion is to suspend all action that the original I motion would have acquired until the reconsideration has been acted upon ; but, if it is not called up, its efi'ect terminates with the session, provided that, in an lASBembly having regular meetings as often as monthly, if there is not hold upon {another day an adjourned meeting of the one at which the reconsideration was loved, its effect shall not terminate till the close of the next succeeding session. tut the reconsideration of an incidental or subsidiary motion (except where the vote 20 GENERAL OBSERVATIONS. members kept as strictly as possible to the subject of each particu- lar clause of the bill, or item of a resolution that is before it. In bodies like municipal councils, ecclesiastical bodies and associa- tions generally, where time is of special value, it is frequently of advantage to have a rule limiting each memoer to remarks of five or ten minutes on each question as it presents itself. When every line of a clause or resolution is a question, it is evident that sufficient latitude would be given to every member to express his views in case of a limitation of speaking (h). 24. Importance of standing and special committees. — Standing and special committees in legislative and deliberative bodies— especially in municipal councils — have very useful and important functions to perform. The report of every committee must be signed by the chairman, and be the report of the majority — minority reports as such being unknown in parliament (i). to be reconsidered had the eflFect to remove the whole subject from before the assembly) shall be immediately acted upon, as, otherwise, it would prevent action on the main question." — Roberts. " The motion to reconsider cannot be amended, and it is debatable or not, just as the question proposed to be reconsidered is debatable or undebatable. If debatable, then it opens up for debate the entire subject which it is proposed to consider. If the previous question is ordered while this motion is pendinj?, it affects only the motion to reconsider. The motion to reconsider can be laid on the table, and, in such instances, the last motion cannot be reconsidered. If laid on the tible, the reconsideration can, like any other motion, be taken from the table, but possess no privilege. " When the motion to reconsider is laid on the table, it does not carry with it the pending measure. If this motion prevails then the question which the meeting has decided to reconsider is in the exact position it held just before the vote was taken, and, if debatable, it can be discussed as though no vote had been taken. Hence, if, in the former discussion, a member exhausted hip privilege of debate, he cannot discuss it further without permission, but he may manage to present his views during the consideration of the motion to reconsider." — Neely. " A reconsideration of a vote in committee shall be allowed regardless of the time elapsed, only when every member who voted with the majority is present when the reconsideration is moved." — Roberts (p. 70), who adds in a note : ** No improper advantage can be taken of the privilege, as long as every member who voted with the majority must be present when the reconsideration is moved." (h) See below, p. 44, for parliamentary rules regulating committees of the whole, (t) See below, p. 48, for parliamentary rules regulating select committees. I REPORTS OF COMMITTEES. 21 Neither a committee of the whole nor a select committee has any other authority except what is given it in its power of refer- ence by the body that constitutes or appoints it ; and alJ its acts must be duly ratified or Gai.'^tioned by an assembly before they can legally bind the same. 25. Reports of committees. — The reports of committees of ii the whole, and of standing and special committees, are made to the I iissembly by the chairman, or in his absence by a member of the ' committee ; and motions for its reception, consideration, and adoption should be proposed in regular form. On bringing up a \ report, the chairman of the committee — or the clerk of the assem- bly as a rule — should read it at length unless the document is printed — like a manager's or director's report — and in the hands of every member, when the reading can be dispensed with if the meeting so order. After the reading, a motion should be made *'That the report of \8iihject] be considered immediately," or at some future time. Ordinary reports can be taken up on the same day they are made, but those involving important points of policy or constitutional changes, or matters of expenditure or taxation ought to be considered at a subsequent meeting as a rule. When it is under consideration, a motion can be made for its adoption as a whole; or it can be taken up resolution by resolution, or para- graph by paragraph, if it should contain separate recommendations or propositions, on each of which the sense of the meeting can be most conveniently aad regularly taken (j ). 26. Dilatory motions for adjournment, etc. — The motions for adjournment of the house, adjournment of the debate — two motions as a rule, always in order on a question — and the previous question, are well known methods by which decisions on a question are delayed or superseded for the time being. In committees of the whole, motions, " That the chairman do rise and report progress," or " That the chairman do leave the chair," are also dilatory and superseding motions, and are equivalent to the motions for the adjournment of the ebate and of the house. The motions for the adjournment of the (;) See below, p. 50, for parliamentary rulea respecting reports from committees. 22 GENERAL OBSERVATIONS. house and for the chairman to leave the chair, supersede the ques- tion entirely, though it can be renewed again on a subsequent day. If the chairman leaves the chair no report is made, and there is no question before the house. While these several motions are^ generally speaking, *' always in order," they are also subject to certain restrictions which are explained in a later place (k). To lay on the table. In addition to these well known rules of parliamentary pro- cedure, many municipal councils, companies and associations have adopted from the procedure of the United States, motions *' to postpone " a question, or ** to lay it upon the table " or to " commit it," which are also of a dilatory nature (l). According to American authorities, as I am for the moment leav- ing the domain of Canadian parliamentary lan\ a member who wishes to carry a question to the table, that is to say, prevent its consideration until a majority vote to resume it, will move, *' That the question be laid on the table." This motion cannot be debated^ or reconsidered when it is adopted in the affirmative, or interrupted by any amendment or subsidiary motion. If the motion " to lay (fc) See below, p. 46, for parliamentary rule respecting such dilatory motiona in oonamittee of the whole ; for adjournment of the house, below, p. 33, for adjourn- ment of the debate, oeloic, p. 33. (I) The American (U. S.) books (see Roberts, p. 28) place the following among "subsidiary" or "secondary" motions, because they can be "applied to other motions for the purpose of most appropriately disposing of them." They take precedence of a principal question, and must be decided before the principal question can be acted upon. They yield to " privileged " and " incidental " questions (for meaning of such questions see below, p. 25;{,) and are arranged in the following order of precedence ; — 1. Lie on the table. 2. The previous quesf ion. 8. Postpone to a certain day. 4. Commit. 5. Amend. 6. Postpone indefinitely. Roberts adds that "any of these motions (except to amend), can be made when one of a lower order is pending, but none can supersede one of a higher order." For meaning and operation of " precedence " of one of these motions over another, see Fourth Part, II., Methodist Conference, Rule 10. i -^ DILATORY MOTIONS FOR ADJOURNMENT, ETC. 23 on the table " is decided in the negative, the business proceeds as if no motion had been made. If decided in the affirmative, the effect, in general, is to remove from before the assembly the prin- cipal motion and all other motions, subsidiary or incidental, that are I connected with it (m). When it is desired to take up a question thus tabled, a member will move that the assembly do now proceed to consider the question laid on the table (its nature and time of tabling should be specified) and this motion, which is undebatable, and not open to amendments or subsidiary motions, must be submitted to the decision of the assembly, a majority of whom alone can order the consideration asked for. To postpone to a specified time. To postpone to a certain time, or to postpone indefinitely, are two other forms of proceeding which are practically equivalent to the ordinary motions for the adjournment of a debate, or the adjournment of the house, or for laying on the table. According to American authorities, if the motion to postpone for a specified time is decided affirmatively, the subject to which it is applied is removed from before the body with all its appendages and incidents. The motion can be amended as respects the time, is open to the previous question and is debatable not as respects the merits of the subject of the original question, but only as respecta the advisability of the proposed postponement. If the motion is carried, the matter cannot be taken up before that specified time except by a two-thirds vote ; but when it is reached, it is a question having the priority over all questions except those that are privileged. Questions postponed to different times, but not then (m) Dr. Neely (pp. 44, 45) adds : " There are a few exceptions, thus : as a question of privilej^e does not adhere to the subject it interrupts, it does not carry with it to the table the question ponding when it was raised ; an appeal laid on the table does not carry with it the original subject ; a motion to reconsider, when laid on the table, leaves the original cjuestion where it was before the reconsideration was made ; an amendment to the minutes, being laid on the table, does not carry the minutes with it. It is in order to lay upon the table the questions still before the body, even after the previous question has been ordered and up to the moment of taking the last vote under it." See also Roberts, ss. 19, 57b, 69c ; Spofford's Parliamentary Rules, p, 137. 24 GENERAL OBSERVATIONS. taken up shall, when considered, be taken up in the order of the times to which they were postponed (n). To postpone indefinitely. To postpone indefinitely has the object and effect of supersed- ing or suppressing a question altogether, without coming to a direct vote. The motion cannot be amended, but it opens to debate the entire question it proposes to postpone. If the previous question is ordered when this motion is pending, the previous question is applicable only to the same (o). These two motions of postponement are chiefly useful in legislative and deliberative assemblies that have a session for a considerable time. In such assemblies the motions cannot extend beyond the present session — one session cannot bind the next. In the cases of municipal councils, or societies, or of companies' meetings, that have limited sittings on one day, a motion to postpone indefinitely cannot have any effect, and the onl}' one of practical value is to postpone for the particular meeting, or until the next assembling or session — here synonymous terms, as before ex- plained {p). The question thus postponed comes up with the unfinished business of the previous meeting, and consequently should take precedence of new business. If the meeting at which the motion "to postpone" simply is carried, should be only adjourned, the question could not be taken up at the adjourned meeting, since it would seem that the meeting would be one and the same. If it is desired to hold an adjourned meeting to consider a special subject the time to which the assembly shall adjourn should be first fixed before making the motion to postpone the subject to that day {q). To commit in American practice. >^ Another subsidiary motion, subject in American assemblies and societies to special rules, is " to commit " or " recommit " a subject (n) See Neely, p. 49 ; Roberts, pp. 53, 156. (o) See Neely, p. 63 ; Roberta, pp. 59, 100. (p) See above, p. 7. (q) See Roberts, p. 54. i DILATORY MOTIONS FOR ADJOURNMENT, ETC. 25 'with the view of considering and amending it more in details than is possible in the whole body. As I have previously shown (above, p. 19) a reference to committees is a common and useful parlia- mentary practice ; but in United States and (a few) Canadian assemblies the motion is subject to certain conditions like the other subsidiary motions I have been just dealing with. This motion takes precedence of the motions to amend or indefinitely postpone, but yields to such ** privileged " questions as to adjourn, call for orders of the day, fixing the time to which the body shall adjourn, questions relating to the rights or privileges of the assembly ; also to such " incidental " (r) questions as appeals or questions of order, objection to the consideration of a question, reading of papers, sus- pension of rules, leave to withdraw a motion ; and also to the motion to lie on the table, or for *.he previous question, or to post- pone to a certain day. It can be amended by altering the com- mittee or giving it instructions. It is debatable and, like a similar motion in parliament, opens up the merits of the whole question which it is propobed to refer {s). 27. General remarks on the foregoing motions. — All these motions to reconsider, to lay on the table, to postpone to a speci- fied time or indefinitely, and also to commit under the conditions just stated are, as I have already said, not drawn from the practice of our parliament, and it is consequently obvious that questions of doubt that may arise in Canadian assemblies that have adopted the procedure in simple terms cannot be solved by reference to our par- liamentary law. Under these circumstances, it is customary to (r) Roberts (pp. 29, 30) explains that in American practice " incidental ques- tions " are such as arise out of other questions and take consequently precedence of and are decided before those questions to which they are incident. They yield to privileged questions and cannot be amended. Excepting an appeal they cannot be debated. " Privileged questions " are such as, on account of their importance, take precedence of all other questions whatever, and are consequently undebatable except in cases relating to the rights of the assembly or its members. I give in the text the incidental and privileged questions mentioned by the same American authority. They all form part of a very complicated procedure which has no status in Canadian assemblies unless formally adopted. («) Roberts, pp. 54, 155. 26 GENERAL OBSERVATIONS. refer to United States authorities, but as this reference may not be always conclusive on account of the procedure being mixed up with "incidental," "privileged," "subsidiary" and other motions peculiar to American practice, it is advisable, when our councils or other public bodies adopt it, to frame these special rules so as to make them workable and intelligible under all circumstances (t). I repeat emphatically : Unless the rules are made clear in every particular and there is a general reference in all cases of doubt to recognized United States authorities, like Roberts, or Neely, or Gushing, all such dilatory and subsidiary viotioyis, as I hare been reviewing in the foregoing paragraphs, can only be subject to the rides that govern all motions in Canadian parliamentary procedure and to none other (w). 28. Importance of rules of order. — The writer need only add, in closing these general observations, that his long experience of parliamentary and public bodies generally has taught him the wisdom of adhering as closely as possible to those rules and usages that illustrate the common sense and business habits of English- men and their descendants, as well as their desire to give every opportunity for the discuesion of public questions and measures. Laxity of procedure is antagonistic to the successful prosecution of business. So far, I have only attempted to give a short review of those leading principles that govern, generally speaking, assemblies. In the following pages the reader will find a summary of those rides and usages which are common to all legislative assemblies in this country, and may be properly called the common law of parliament, to which reference can be made by those bodies which find their own regula- tions insufficient to solve the questions of doubt that must con- stantly arise in practice. (t) By reference to other parts of this work (see especially Fifth Part, II. sec. 15) it will be seen that many assemblies, municipal councils and other bodies have special rules on these dilatory and superseding motions, giving them certaia precedence and making them undebatable in particular cases. (u) See above, p. 18. II. A SUMMARY OF THE RULES AND USAGES OF PARLIAMENT. {Aj)pUcahle to public bodies generally.) 1. Election of spealter, p. 27. 2. Duties of speaker, p. 28. 3. Attendance of members, p. 28. 4. Quorum, p. 29. 6. Order of business, p. 29. f). Motions, p. 30. 7. Amendments, p. 33. 8. Sense of house taken on motions and amendments thereto, p. 34. 9. Division of a question, p. 35. 10. Previous question and other dilatory motions, p. 36. 11. Eules of debate, p. 37. 12. Call to order, p. 59. 13. Questions of privilege, p. 40. 14. Breaches of decorum, p. 40. 15. Words taken down, p. 41. 16. Divisions, p. 41. 17. Questions put to members, p. 44. 18. Committees of the whole, p. 44. 19. Dilator]! motions in committee of the tchole, p. 46. 20. Money votes, p. 47. 21. Standing and special committees, p. 48. 22. Petitions, p. 52. 23. Public bills, p. 53. 24. Conferences between two houses, p. 56. 25. Joint committees, p. 57. Jieferences are given throughout to BourinoVs Parliamentary Procedure, 2nd ed. 1. Election of Speaker (a). A member, addressing himself to the clerk, proposes another member then present to the house for their speaker, and moves that such member " do take the chair of this house as speaker." The motion being seconded, and after debate thereon, if na other member be proposed, the question is put by the clerk, and the member thus proposed is elected nemine contradicente. If more than one member be proposed as speaker, a motion is made and seconded regarding each such member, " that he do take the chair of this house as speaker," etc. (a) For election of speaker in full, see Bourinot, pp. 274-277. I 28 RULES AND USAGES OF PARLIAMENT. A question is then put by the clerk that the member first pro- posed ** do take the chair of this house as speaker," which ia resolved in the affirmative or negative, like other questions. If the question be resolved in the affirmative, the member is conducted to the chair ; but, if in the negative, a question is then put by the clerk, that the member next proposed " do take the chair of this house as speaker," and, if the question be resolved in the affirmative, the member is conducted to the chair. The speaker elect, being conducted to the chair by the members who proposed and seconded the motion for his election, stands on the upper step of the chair and returns his acknowledgments to the house for the great honour they have been pleased to confer upon him. 2. Duties of Speaker (b). The speaker shall not take part in any debate before the house. See beloWy p. 42, for speaker's vote in case of an equality of votes. The speaker shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the house ; in explaining a point of order or practice, he shall state the rule or authority applicable to the case. Whenever the speaker is of opinion that a motion offered to the house is contrary to the rules and privileges of parliament, he shall apprise the house thereof immediately, before putting the question thereon, and quote the rule or authority applicable to the case. It is the duty of the speaker to interrupt a member who makes use of any language which is clearly out of order. 8. Attendance of Members (c). Every member is bound to attend the service of the house, unless leave of absence is given to him by the house. Leave of absence may be given by the house to a member, on account of his (b) For duties of speaker, see Bourinot, pp. 213-215. (c) See Bourinot, pp. 190, 191. ^ "i 1 QUORUM. 29 own illness, or of the illness or death of a near relation, or of urgent business, or for other cause, stated to and deemed sufficient by the house. While he has leave of absence, a member is excused from service in the house or on a committee. 4. Quorum (^). Whenever the speaker shall adjourn the house for want of a quorum, the time of the adjournment, and the names of the mem- bers then present, shall be inserted in the journal. When the attention of the speaker has been called to the want of a quorum^ (twenty members including the speaker), he proceeds to count the members present, while the bells are being rung. Members are counted as they come in. If there is no quorum, the clerk takes down the names, and records them in the journal, with the time when the speaker so adjourned the house. For procedure in committee of the whole, see last paragraph below. If the house should be suddenly adjourned in consequence of the absence of a quorum, a question then under consideration of the house will disappear from the order paper for the time being. But a question may be revived after notice, and taken up at the stage where it was temporarily superseded. Some municipal councils provide for such cases by a special rule. The same rule applies to the case of a question superseded by an adjournment : see below^ p. 33. If it be shown by a division or otherwise that there is not a quornm present in a committee of the whole, the chairman will count the members and leave the chair, when the speaker will again count the house. If there is not a quorum present, he will adjourn the house ; but if there are twenty members in their places, the committee will be resumed. 6. Order of Business (e). The clerk of the house shall place on the speaker's table, every morning, previous to the meeting of the house, the order of the pro- ceedings for the day. (d) See Bourinot. pp. 298, 299. (t) See Bourinot, p. 301 tt teq. ao RULES AND USAGES OF PARLIAMENT. A motion, even in reference to the business of the house can be taken out of its appointed order only by *' universal assent " (/). Such a rule is necessary to prevent members being surprised in their absence by a change of orders. One member objecting can prevent the change in parliament. 6. Motions {g). When a member proposes to bring any matter before either house with the view of obtaining an expression of opinion thereon, he must make a motion of which he must give due notice for con- sideration on some future day, unless it be one of those questions of privilege, or urgency which, as it will be shown hereafter, may be immediately considered. For questions of privilege, see de/ow, p. 40. A motion may be made by unanimous consent of the house, •without previous notice. Such motions relate to the business of the house or some matter of urgency. No rule can be suspended except by notice or unanimous consent. All motions shall be in writing, and seconded, before being debated or put from the chair. Such motions of routine business as " That a bill be read a first or second or third time," etc., or "That the house do adjourn," or " That the debate be adjourned," are rarely written in parliament, nor is the motion for the previous question. Every other motion should be written. A motion that is not seconded may not be proposed from the chair, or debated, and no entry thereof is made in the " votes." That is to say, in the short daily record or journal called "votes and pro- ceedings." The clerk who keeps the minutes at the table only recognizes the orders of the chair, h is only when the speaker has read or proposed a motion to the house that the clerk enters it on the journal. He takes no note of members' speeches. No motion is regularly before the house until it has been read, or, in parliamentary language, proposed from the chair, when it if) See Bourinot. p. 308. {g) See Bourinot, pp. 366-375. ^^ i MOTIONS. 31 * becomes a question. When the house is in this way formally seized of a question, it may be debated, amended, superseded, resolved in the affirmative, or passed in the negative, as the house may decide. j} See previous note, as to the duty of the clerk when a question is thus formally before the house. The speaker reads the question at length ; "Mr. A. moves, seconded by Mr. B., That, etc." And having read it, he adds, " Is it the pleasure of the house to adopt the motion?" The house is now in a position to debate the subject-matter of the motion or question thus formally proposed. All motions should properly commence with the word ** That." In this way if a motion meets the approbation of the house, it may at once become the resolution, vote, or order which it purports to be. For instance, "That the house do adjourn," or "That in the opinion of this house it is desirable to proceed to the order of the day for the considera- tion of the bill providing for simultaneous voting at elections." A preamble is objectionable in any motion or proposed resolution or series of resolutions. Bills only have preambles commencing with " Whereas." When a motion is agreed to, it becomes a resolution ; until then it is only a proposed resolution. It is a common practice in America to prefix such preambles to a set of resolu- tions, but it is at variance with correct parliamentary usage, and can be easily avoided by a careful framing of the motion. Motions are frequently proposed and then withdrawn, but this can be done only *' by leave of the house, such leave being granted without any negative voice." A single voice can prevent such withdrawal. If there are a motion, and amendment, and an amendment thereto, all at once before the house, each must be withdrawn in due order. That is to say, the first amendment or the main motion cannot be withdrawn if the last amendment is persisted in. In case a motion has been withdrawn, it may be again proposed as the house has not previously determined the question, and it is only in the latter event that the same question may not be revived. If an amendment has been negatived, a similar amendment cannot be proposed on a future day. 32 RULES AND USAGES Of PARLIAMENT. Any member may require the question under discussion to be read at any time of the debate, but not fo as to interrupt a mem- ber while speaking (h). Such a rule is necessary for the intelligent consideration of a question under debate, but the speaker or chairman of any assembly should not allow it to be obviously used to delay the progress of business and for the purpose of obstruc- tion. His own judgment must be exercised in such cases to expedite business by a judicious interposition of the influence and authority of the chair. By the rules of the house, it is irregular to propose any motion or amendment which anticipates a matter already appointed for the consideration of the house (i). No question or motion can regularly be oifered, if it is sub- stantially the same with the one on which the judgment of the house has alread}^ been expressed during the current session (j). But orders of the house are frequently discharged and resolu- tions rescinded. The latter part of the thirteenth rule of the house of commons provides : ** No member may reflect upon any vote of the house, except for the purpose of moving that such vote be rescinded." In such a case, the motion will first be made to read the entry in the journals of the resolution, and when that has been done by the clerk, the next motion will be that the said reso- lution be rescinded, or another resolution expressing a different opinion may be agreed to (k). If a motion has been negatived, it cannot be afterwards proposed in the shape of an amendment. The only means by which a negative vote car be revoked is by proposing another question, similar in its general purport to that which had been rejected, but with sufficient variance to constitute a new question ; and the house would determine whether it were substantially the same question or not (/). (h) See Bourinot, p. 422. (j) See Bourinot, p. 308. (j) See Bourinot, pp. 401-403. (k) See Bourinot, p. 401. {I) See Bourinot, p. 402. MOTIONS. 38 A motion to adjourn the house is always in order, and if car- ried supersedes the question under consideration. See abore, p. 29. A motion of this kind, when made to supersede a question, should be simply, " That the house do now adjourn," and it is not allowable to move an adjournment to a future day, or to propose an amendment to the question of adjournment (m). A motion for the adjournment of the house may be made while a matter is under discussion, or in the interval of proceedings. In the first case, such a motion is in the nature of a dilatory or subsidiary motion and in the other it is a substantive motion to which a reply is permitted to the member who makes it («). If the motion is negatived it cannot be renewed until after an inter- mediate proceeding. A motion for the adjournment of the debate should be pure and simple, like the motion for the adjournment of the house (o). 7. Amendments (p). Amendments must be relevant to a motion or question. If they are on the same subject-matter with the original motion they are admissible, but not when foreign thereto (q). Every member has the right of moving an amendment to a motion without giving notice thereof. This amendment may pro- pose: 1. To leave out certain words ; 2. To leave out certain words, in order to insert or add others ; 3. To insert or add certain words. But such an amendment is subject to the condition of the rule with respect to order of business, abo'i'e, p. 30 ; for otherwise the house might be surprised into considering a question set down for another and later day. (m) See Boiirinot, pp. 395, 39G, 413-415. (n) See Bourinot, pp. 413-41G. (0) See Bourinot, p. 396. (p) For amendmenta, see Bourinot, pp. 385-394. (q) See Bourinot, p. 392. D.M.P. — 3 34 RULES AND USAGES OF PARLIAMENT. When it is proposed to amend a motion, the question is put to the house in this way: The speaker will first stat^ the original motion, "Mr. A. moves, seconded by Mr. B., that, etc." Then he will proceed to give the amendment : "To this Mr. C. moves, in amendment, seconded by Mr. D., that, etc." The speaker will put the amendment directly in the first place to the house : " Is it the pleasure of the house to adopt the amendment ? " If the amend- ment be negatived, the speaker will again propose the main question, and a debate may ensue thereon, or another amendment may then be submitted. On the other hand, if the house adopt the amendment, then the speaker will again propose the question in these words ; " Is it the pleasure of the house to adopt the main motion (or ques- tion) so amended?" It is then competent for a member to propose another amendment : " That the main motion (or question), as amended, etc., be further amended, etc." But such amendments are subject to the limitations set forth in the three oil owing rules. An amendment once negatived by the house cannot be proposed a second time. When the house have agreed that certain words shall stand part of the question, it is irregular to propose any amendment to those woids, as the decision of the house has already been pro- nounced in their favour, but this rule would not exclude an addition to the words, if proposed at the proper timt. In the same manner, when the house have agreed to add or insert words in a question, their decision may not be disturbed by any amendment of these words ; but here again other words may be added. When an amendment to the main motion has been proposed, it is competent for any member to move an amendment to the same. 8. Sense of House taken on Motions and Amendments THERETO (r). When there are a main motion, an amendment, and an amendment thereto, the speaker will submit the three motions in (r) See Bourinot, pp. 888-892. DIVISION OF A QUESTION. the reverse of the order in which they are made, and first take the sense of the house on the last amendment : " Is it the pleasure of the house to adopt tlie amendment to the amendment ? " If this second amendment is rejected, it is r^^gular to move another (pro- vided, of course, it is different in purport from the one already nefjatived) as soon as the speaker has again proposed the question : ** Is it the pleasure of the house to adopt the amendment to the main motion (or original question) ? " Only two amendments can be proposed at the same time to a ?^ SECOND PART. RULES OF ORDER AND PROCEDURE FOR PUBLIC MEETINGS-POLITICAL CONVENTIONS- SOCIETIES— LABOUR ORGANIZATIONS. ri GENERAL OBSERVATIONS ON PUBLIC MEETINGS. 61 PUBLIC MEETINGS— POLITICAL CONVENTIONS- SOCIETIES— LABOUR ORGANIZATIONS. i. General observations on public meet- ings, p. 61. (1) Right of assembling in public, p. 61. (2) Unlawful assembling, p. 62. (3) Ontario and Quebec statutes on public meetings, p. 63. ( 4) Notices of public meetings i«. sued in accordance uith fore- going statutes, p. 64. (5) Ordinary notice of a public meeting, p. 66. 2. The procedure at a public meeting, p. 66. 3. Political conventions, p. 71. 4. Societies in general, p. 79. 5. Mutual benejxt and provident associa- tions, p. 85. (i) Rules of Catholic Mutual Benefit Association, p. 85. Trades and labour organizations, viz.: p. as. (i) Trades and Labour Council of Toronto, p. 88. (2) Trades and Labour Council of Hamilton, p. 96. (3) Rudders' Labourers* National Union, No. 1, Toronto, p. 96. (4) International Builders' La- bourers' Protective Union of America, p. 98. (5) International Typographical Union, No. 91, p. 99. (6) Toronto Typographical Union, No. 91, p. 100. (7) Bricklayers' and Masons' In- ternational Unionof America, p. 102. {8) Iron Moulders* Unionof North America, p 102. 1. General Observations on Public Meetings. I. Right of assembling in public— The statute books of some of the provinces of Canada contain a law (a), tbe preamble of which declares in emphatic language that it " is the undoubted right of her majesty's subjects to meet together in a peaceable and orderly manner, not only when required to do so in compliance with the express direction of law, but at such other times as they may deem it expedient so to meet for the consideration and discussion of (a) R. B. O. c. 187 ; R. S. Q. Arts. 2946-2961 ; see behxc, p. 63. 62 RULES OF ORDER AND PROCEDURE. matters of public interest, or for making known to their gracious sovereign or her representative in this province, or to both or either of the houses of the imperial or dominion parliaments, or to the provincial legislature, their views respecting the same, whether such be in approbation or condemnation of the conduct of public affairs." A high authority says with much force that "the right of assembling is nothing more than a result of the view taken by the courts as to individual liberty of person and individual liberty of speech." The English constitution does not give a specific right of public meeting to the people at large, and any number of persons who block up a sidewalk or highway, or occupy a common, so as to interfere with the ordinary rights of citizens under the common law, subject themselves to the charge of creating a nuisance or com- mitting a trespass (b). It is, however, well understood that as long as a number of persons assemble for a lawful purpose, and do not infringe or break any law, they should not be interfered with by other persons who do not approve of the object of the meeting. Any interference or breach of the peace on the part of those who disapprove of and assemble to break up a meeting peaceably and properly held, will be considered not so much " an invasion of the public right," but rather ** an attack upon the individual rights of A. and B., and must generally resolve itself into a number of assaults upon definite persons, members of the meeting." The courts will, in such a case, recognize the personal rights that each individual has, under the law, to be protected from assault or injury on the part of those who differ from them on some question which he is attempting to discuss and promote by perfectly lawful means (c). 2. Unlawful assembling.— On the other hand, "the mode in which a meeting is held may threaten a breach of the peace, and therefore inspire peaceable citizens with reasonable fear ; and in (b) Some of the provinoes have statutes against obstruction of highways or sidewalks. Seo U. S. N. 8. App. A. c. HVi. (c) Bee Dicey, " The Law of the Constitution," 8rd ed., o. 7, and App. IV. GENERAL OBSERVATIONS ON PUBLIC MEETINGS. 63 that case the meeting may be unlawful." The criminal law of Canada attempts to define (d) in the following specific terms what constitutes ** an unlawful assembly." " An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such manner, or so con- duct themselves, when assembled, as to cause persons in the neighbourhood of such assemblies to fear, on reasonable grounds, that the persons so assembled will disturb the peace tumultuously, or will, by such assembly, needlessly and without any reasonable occasion provoke other persons to disturb the peace tumultuously. "Persons lawfully assembled may become an unlawful assembly if they con- duct themselves with a common purpose in such a manner as would have made their assembling unlawful if they had assembled in that manner for that pur- pose. " Every member of an unlawful assembly is guilty of an indictable offence and liable to one year's imprisonment." 3. Ontario and Quebec statutes on public meetings. — With- out dwelling on legal questions of public meetings, which can be only decided by the courts, in each case as it presents itself, I may again recur to the statutes of Quebec and Ontario which have been passed to give protection to public meetings duly called under their provi- sions (e). The notice or summons for a public meeting called by a sheriflf, a mayor, or other chief municipal officer, or by two or more magistrates resident in the district, on the requisition of twelve or M more freeholders, citizens, or burgesses, must contain the informa- tion that the meeting and all persons in attendance are under the protection of the statute. The notice must be issued at least three \ days before the proposed meeting, and shall set forth the names of the requisitionists in whole or part, besides the statutory authority under which it is issued. It is also provided to meet other cases that should information be laid before any justice of the peace that a great number of persons will be present at a public meeting, two id) Criminal Code, Statutes of Canada, 1892, ss. 79, 81. See on this point Dicey's admirable expoHJtion of an interesting^ subject in App. 4. Also N. B.C. S. c. 147, " Of offences against the public peace." {e) R. 8. O. 0. 1H7 ; R. S. Q. Arts. 2'Mii-2dCil. These two Acts were originally passed by the legislature of the old province of Canada. Bee C. ti. C. 0. 83. 64 RULES OF ORDER AND PROCEDURE. justices of the peace, resident in the district, may give due public notice of such meeting and declare the same to be under the pro- tection of the statute, (see below, pp. 64, 65, for public notices issued by the sheriff or justices according to the statute). The authorities who call such a meeting shall continue at or near the place appointed for holding the same until it has dis- persed, and are bound to afford such assistance as may be necessary for the preservation of the peace. Every person required by law, or chosen in the usual manner to preside over the meeting, shall at the commencement of the proceedings read the requisition, or the declaration setting forth the fact that the meeting is under the protection of the statute. The chairman has full authority to keep oidei*. and may remove all disorderly persons who disturb the meeting and have them punished by due process of law. 4. Notices of public meetings issued in accordance v^ith R. S. O. c. 187. Schedule A.— (Section 5.) " To the inhabitants of the county of A., (or as the case may be), and all others her majesty's subjects whom it doth or may in anywise concern : — " Whereas I, A. B,, sheriff of, etc., or we, C. D. and E, F., two {f>r whatever the number may be) of her majesty's justices of the peace for the county (or district) of A., resident within the said county (or district) having received a requisition, signed by I., J., K., L., etc., etc. (inserting the names of at least twelve of the requisitionists and as many more as conveniently may be, and mentioning the number of others ; thus) and fifty-six (or as the case may be) others, who (or twelve of whom) are freeholders of the said county (^'r district) (or citizens of the said city) having a right to vote for members to serve in the legislative assembly in respect of the property held by them within the said county (or district or city, etc., as the case may be) requeiting me (or us) to call a public meeting (here recite the requisition) : And whereas I (or we) have determined to comply with the said requisition ; "Now, therefore, I (or we) do hereby appoint the said meeting to be held at (here state the place) on , the day of next (or instant), at of the clock in the noon, of which all persons are hereby required to take notice. And whereas the said meeting has been so called by me (or us) in conformity with the provisions of R. S. O. c. 187, entitled 'An Act respecting Public Meetings,' the said meeting, and all persons who NOTICES FOR PUBLIC MEETINGS. 65 attend the same, will therefore be within the protection of the said Act, of all which premises all manner of persons are hereby, in her majesty's name, most strictly charged and commanded, at their peril, to take especial notice, and to govern themselves accordingly. " Witness my hand '-^or our hands) at , in the of , this day of , i8 .' A. B,, sheriff. or C. D., J. P. E. F., J. P. R. S. O. 1887, c. 177, Schedule A. Schedule B. — (Section 6). " To the inhabitants of the county of A., {or as the case may be), and nil others her majesty's subjects whom it doth or may in anywise concern : — " Whereas, by information on oath taken before D. E., esquire, one of her majesty's justices of the peace for the county of C. {or city or district, or as the case may be), within which the meeting hereinafter mentioned is appointed to be held, it appears that a public meeting of the inhabitants {or householders, etc., as the case may be) of the county of Ci,, {or as the case may be), is appointed to be held at , in the said county {or as the case may be) on the day of next {or instant), at of the clock in the noon {or at some other hour on the same day), and that there is reason to believe that great numbers of persons will be present at such meeting ; and whereas it appears expeilient to us C. D. and E. F., two {or whatever the number may be) of her majesty's justices of the peace having jurisdiction within the said county {or as the case may be), that, with a view to the more orderly holding of the said meeting, and the better preservation of the public peace at the same time, the said meeting and all persons who may attend the same, should be declared within the protection of R. S. O. c. 187, entitled * An Act respecting Public Meetings.' " Now, therefore, in pursuance of the provisions of the said Act, and the authority in us vested by virtue of the same, we, the said justices, do hereby Kive notice of the holding of the said meeting, and do hereby declare the s.iid public meeting, and all persons who attend the same, to be within the protection of the said .\ct. B.M.P. — 6 66 RULES OF ORDER AND PROCEDURE. " Of all which premises all manner of persons are hereby, in her majesty's name, most strictly charged and commanded, at their peril, to take especial notice, and to govern themselves accordingly. " Witness our hands at , in the of this day of , i8 ." C. D., J. P. E. F., J. P., &c. R. S. O. 1877, c. 177, Schedule B. 5. Ordinary notice of public meeting:. *' Robert J. Fleming, Mayor of Toronto. " To all whom these presents may concern : ** Whereas I, the said mayor, have received the following requisition : *' We, the undersigned electors of the city of Toronto, hereby request your worship to convene a public meeting, to be held in St. Paul's hall, Yonge street, at 8 o'clock p.m. on Tuesday, the 19th day of September, 1893, for the purpose of considering the objects and propositions of the ' Toronto Aqueduct Company,' more particularly in relation to the construction of a ship canal and power aqueduct between Georgian Bay and Lake Ontario, with its afflux at Toronto." (Here follow twenty-five signatures.) " These are therefore to make known that in compliance with the above requisition, I do hereby convene a public meeting to be held in ST. PAUL'S HALL, YONGE STREET, On Tuesday, 19TH inst., .\t 8 o'clock, p.m. " In witness whereof I have caused this proclamation to be made public at Toronto, this 15th day of September, A.D. 1893. [Signed] RonKRT J. Fleming, Mayor of the City of Toronto. Mayor's office, Toronto, Sept. 15th, 1893. 2. The Procedure at a Public Meeting. As soon as a number of persons duly assemble at a certain place and at a fi.xed time in accordance witli a requisition under the statute just mentioned, or in conformity with public advertise- ment for the purpose of discussing a matter of public import, it is PROCEEDINGS AT A PUBLIC MEETING. 67 the duty of any person, when so required by law, to take the chair; but in the numerous cases of ordinary or primary public assem- blages — for the discussion of municipal, political or other matters — it is incumbent on some one responsible for calling the meeting, or otherwise directly interested in its purpose, to call it to order, and to move himself '* That Mr. A. or B. do take the chair." This motion should be seconded and formally put to the meeting, like all other motions (see above, pp., 30, 31 for form and putting of motions). If another candidate be proposed — a rare occurrence in such primary or ordinary meetings — then the names are pro- posed in the order of nomination (see above, p. 8), the same person continuing to act as temporary chairman until the perma- nent chairman is elected. "When the meeting has chosen a chairman, he will call the same to order, and call upon it to appoint a secretary to keep a record of the proceedings. A member will move, and another will second the motion, " That Mr. C. do act as secretary of this meeting. When a secretary has been chosen in the same mode as a chairman, he will assume his duties and keep a record of all motions, amendments, divisions and proceedings generally (see above, p. 11). , . No motions for the previous question, or for an adjourn- ment, or irrelevant to the motions for the election of a chairman or a secretary, should be permitted. The meeting being now regularly organized by the election of a chairman and secretary, it is able to proceed with the business for which it was called. It is the duty of the chairman to read the requisition calling the meeting, or the declaration declaring the same to be under the protection of the statute (see above, pp. 03, 64). Or, in cases of most ordinary occurrence the chairman should read the notice or advertisement, if any (see above, p. 66), or in the absence of such notice inform the assembly in a few words of the object, and call upon such gentlemen, as he knows are especially interested, to address the meeting. 68 RULES OF ORDER AND PROCEDURE. When the meeting is a ward or district, county or other meet- ing, called to discuss municipal or political questions, it is well that an arrangement should be made between the leaders of both sides — if such are represented — as to the order and length of speeches. Such an arrangement should be embodied in a motion, duly made, seconded, and put by the chairman, whose duty it is to see that it is observed. In all cases of political meetings it is well to limit the length of speeches to an hour or less, according to the time at disposal of the meeting, and the importance of the occasion. In case the meeting is one for a definite purpose — to express an opinion on a question of the day, or to promote some charitable, benevolent or other public object — the promotors should always be ready with a motion or series of propositions (commonly called ** resolutions," though not really so until adopted) which will enable the assembly to come to a conclusion on the matter discussed. Each motion, or proposed resolution, should commence with the word ** That," and amendments may be made thereto in proper form (see above, p. 31 for forms). In case the proposed motion contains separate paragraphs, or propositions, the sense of the meeting can be taken on each, if it is so desired, by a motion duly put by the chair, each paragraph being a distinct question to be amended, debated and voted upon (see above, p. 35). Firmness, courtesy, tact, impartiality and willingne.s fo give every one an opportunity to express himself on the ^ubject under consideration, are the qualities essential to every chairman. If he finds the audience unruly, and the speakers inclined to that invective and personal acrimony which prevent fair deliberation and debate he should at once interpose and make such appeals to the meeting as his judgment will dictate. If his authority is set at nought, and the meeting gets beyond his control, it may be necessary to leave the chair and declare the assembly at an end. This will be the best course open to him in ordinary municipal and other meetings of heated local controversy. At meetings held in accordance with the statutory authority already mentioned, the PROCEEDINGS AT A PUBLIC MEETING. 69 chairman has large powers, and can have the assistance of the law to maintain order (see above, p. 64), but even in such cases, when it is obvious the meeting is under the control of an unruly faction, and order is impossible, it will be better to adjourn the body at once, than to evoke the interposition of the law, but all these are matters entirely to be governed by the judgment of the chairman in each case as it arises. No positive rules can be laid down to meet every exigency. The chairman, in the case of ordinary meetings for the pur- poses of public discussion, should occupy an entirely independent position — like the speaker of a legislature — and should take no active part in the debate. In board, business and society meet- ings, it is necessary that he should be entrusted with the general conduct of affairs, and the explanations of measures and questions affecting the body, but, as it is well observed by a judicious writer, (/) " in the case of a large assembly, called for public purposes, this arrangement is wholly inapplicable, as the antago- nistic responsibilities that attach to the leader of the debate and the chairman who controls the debaters cannot, even under the most favourable circumstances, be united without risk." " And," continues the same writer, ** as it is of paramount importance to maintain, with the utmost strictness, the absolute impartiality of the chair, the limitation of the chairman to a single vote, given only, when an equality of votes occurs, is the most expedient course." When a subject has, in the opinion of the chair, been fully discussed, and the sense of the meeting is obviously in favour of coming to a vote, he will ask, " Is the meeting ready for a vote ? " If there is no doubt on this point, he may, in the case of public meetings of a general character, ask for the voices as already explained (see abovey p. 41, for mode of putting questions in parliament). But, as a rule it is best for him to ask for a show of hands ; and for the secretary to count them, and announce them when completed on both sides. If there should be an (/) Palgrave, p. 9. 70 RULES OF ORDER AND PROCEDURE. equality of votes, then the chairman should vote, and if neces- sary explain the reason of his vote (see above, p. 42). The secretary should always vote, by holding up his hand, on completing the vote on the side which he supports. Sometimes, in important cases, tellers are appointed to count the show of hands. The chairman will say, ** Those in favour of the motion will hold up their hands." Each member will then hold up his right hand. The secretary or tellers will count them. Then the chairman will say, ** Those against the motion will hold up their hands," and the hands will be counted as before. The secretary or tellers, having added their own votes, will announce the result of the vote on each side ; and the chairman will declare the motion carried or negatived. In case a member holds up his hand by mistake, he should so declare, and have the error rectified before the chair declares the final decision on the question ; otherwise the vote cannot be changed. If a number of persons give their voices for the yeas or nays, they should so vote. If they vote otherwise, even in a show of hands, and it is so shown to the chair before the decision on the total vote is announced, their hands must be counted with the side on which they had previously declared themselves by their voices (r/). Sometimes a vote will be taken in assemblies where everybody is seated by calling upon members to rise in their places, and the secretary or tellers, as in the case of a show of hands, will, by the order of the chair count the votes on each side. In mass and general meetings, however, a show of hands is the only convenient method of arriving at the sense of the assembly on a question. Names are recorded in legislative, municipal and other permanent and regularly organized bodies only when there are special rules to that effect. A ballot can be taken only, as a rule, in exceptional cases of nominations for offices and legislative seats, when secrecy is considered expedient (see below, p. 76). It is not often feasible or necessary in mass or ordinary public meetings. When the business of a meeting is clearly finished, the chairman should ask, " Is there any other matter before the meeting ? " If there is none, then he should formally declare the meeting closed (g) See on this point, Palgrave, p. 5G. POLITICAL CONVENTIONS. 71 and leave the chair. In all important meetings, however, the business is practically closed by some one formally moving a vote of thanks to the chairman for his impartial and able conduct as presiding officer. Some one, for this purpose, is called temporarily into the chair, and when the motion is duly made and approved by the meeting, the chairman may express his thanks, and then resum- ing the chair declare the business at an end, as just explained. 3. Political Conventions. The organization and meeting of conventions, summoned to nominate certain persons for public offices to be elected by the people, or for representatives in the state legislatures, or in the national house of representatives, or for nominating presidential or vice-presidential candidates, have reached a completeness in the United States that no country in the world can in the least degree approach. This system of conventions necessarily arises from the fact that democracy is the form of government, and that it has neces- sarily required, for its perfect action, a complete machinery which will give the fullest possible expression to the voters in every ward, town, city, county, state, and in the republic at large (/*)• In Canada the same complex machinery has not yet been estabh^hed either in municipal or political affairs. A considerable development has, however, of late years taken place in the organi- zation and operations of the political caucus and convention to nominate candidates for seats in the provincial or dominion legis- latures, and to advance the objects of the respective parties. Under these circumstances, the procedure that should govern a convention of delegates, called for such a purpose seems necessary in a work of this character, which it is wished to make as comprehensive as possible. The rules laid down, however, will be understood to apply, generally speaking, to any large convention, or assembly, or conference for other special objects, not necessarily political. As a rule, when it is necessary to nominate candidates for the provincial legislature, or the dominion parliament, and to express (/«) See Professor Bryce's " American Commonwealth," 2nd ed. of 1889, vol. II. pp. 80-8'J, and note in the app. to that excellent work. 72 RULES OF ORDER AND PROCEDURE. opinions on the questions of the day, delegates are elected in every district to a convention, called for a certain time and place by the party association of the city, county or other district. The number of delegates to the convention from each voting precinct or division in a city or county is fixed generally by the central association and they are elected by a meeting in each such precinct or division duly called for that purpose. Each delegate should have his cer- tificate of election duly signed by the chairman or secretary (or by both) of the meeting that has elected him. It is also advisable that the ** alternates" or "substitutes" chosen by the several district or primary meetings, to act in the absence of the delegate, should be prepared with their certificates in the projier form. It is always advisable that such substitutes be appointed to prevent a delega- tion from being incomplete at a convention, and the district conse- quently not adequately represented. When the convention meets, generally at the call of the central party committee or association, the first duty is the appointment of a chairman. The chairman of the committee in question will, as a rule, with the permission of the meeting, call it to order and preside tempo- rarily. A gentleman may also be asked to act as temporary secretary, generally the secretary of the committee in question. The chairman of the committee or association is himself often chosen as the permanent chairman of the convention on a motion duly made, seconded and put to the meeting by the chair (for form of motion, see above, p. 27). It is preferable that the con- vention should always have the choice of electing its own chairman. In case of opposition to a candidate for the chair, a motion should be proposed in due form, and the vote is taken on each in order of nomination ; that is, if the first name is rejected, then the second is submitted to the decision of the meeting (see abovCf p. 27). The vote can be taken in this case, first by the voices (see above, p. 41), and then if the chair cannot decide, by a show of hands (see above, p. 70). POLITICAL COXVEXTIOXS. 78 When the permanent chairman is chosen, he calls upon the meeting to appoint a permanent secretary — generally the acting officer. In case, however, of opposition, the procedure in the case of the chairman should be followed. If necessary, an assis- tant secretary can be appointed when there is a good deal of business to be transacted besides nominating candidates for par- liament. "When the convention has been thus properly organized, and the meeting is likely to be of some duration, it is well that it should be agreed, by resolutions formally adopted (for form of such, see iihurc, p. 31), that all speakers be limited to a certain time, and that tlie rules of debate in parliament be followed as far as practicable in such a body. This rule would prevent fruitless discussion and limit all members to one speech of a certain length on each motion or question (see above, p. 13). If the chairman of the association is chosen chairman of the meeting, he may then call attention to the object for which they were called (see J>eloic, p. 74), and to the necessity of first examining the credentials of the various delegations. That is to say, before proceeding to deliberate action on the business before it, it must be known if the meeting is properly and fully constituted. Sometimes it is considered sufficient if each delegate or substitute presents bis certificate to the secretary, and has it duly recorded. But the better practice is to follow that in vogue in the United States and appoint a small committee to examine and report on the creden- tials (i). Such a committee in the United States is generally appointed by the chairman in accordance with congressional usage, which gives the speaker that important power. In Canada, however, the parliamentary law requires that a member of the convention should move, and another should second, a motion in some such form as this : "That Messrs. [name the members, generally three or five] be appointed a select committee to examine and report as soon as possible on the credentials of delegates to this convention." (t) See procedure in a labour organization, below, p. 89. 74 RULES OF ORDER AND PROCEDURE. This motion, when proposed, is debatable, and open to amend- ment by the substitution of other names. But when a name has been once agreed to and inserted, it cannot be struck out by the insertion or substitution of another (see ahove^ p. 34). It is, however, competent to make any addition to the number of the committee on a motion duly proposed and put (see above, p. 34). When the committee has been chosen, it should at once pro- ceed to discharge its duty of examining the credentials of delegates and substitutes, and enquiring into the merits of disputed claims — not an unusual occurrence in important conventions. Tt is not unusual for the permanent chairman of such conventions as we are considering, like a president of a literary, scientific or business society, to take the opportunity, while the committee is occupied, to deal with those public questions which interest the meeting. If, however, he should prefer to address the meeting immediately on his taking the chair, then, on the appointment of the committee he can adjourn the meeting, for a certain time, or at the call of the chair — that is to say, until the com- mittee has notified the chairman that it is ready to report. Then the chairman calls the meeting again to order, and the committee, through its chairman — generally the mover of the motion for its appointment — brings up the report which is at once considered, and adopted in its entirety or amended in any particulars. In case of difference of opinion, a>id consequent division on any con- tested case or other part of the report, only members whose right to their seats is undisputeu cai. vote. As a rule the meetings, like legislative bodies, will accept the report of the committee to which it has made a special reference of matters of detail and investiga- tion (for consideration of report of a committee see iihove, p. 51). After the committee's report has been properly disposed of, and the meeting has been fully constituted, the chairman will call upon the members to proceed to the nomination of candidates for the constituency. It would be advisable to follow the practice of some municipal councils in cases of the election of wardens and other otficers (see POLITICAL CONVENTIONS. 75 Fifth Part of this work, I. sec. 8), and have a rule that nomiuations be made within an hour, or less time. When the nomination of candidates has been formally begun, a member will rise and propose a name with such remarks as he thinks necessary in advocacy of his nominee. A seconder will follow and support the nomination. The motion should be duly proposed by the chairman who will, at the same time, ask if there are other names to be submitted. If there are no other candidates he will at once take the sense of the assembly upon the motion by asking for the voices (see above, p. 41, for form), and if they are given unanimously — as will most probably be the fact in such a case — he will declare the candidate the unanimous choice of the convention. It will then be in order for members to congratulate the candidate and for him to express his acceptance, and give his opinions on the questions of the day. In the event of this address it is always competent for the chairman to ask for him an exten- sion of time should he exceed it. If there are other candidates, then each is formally proposed, as in the first case, the chairman proposing each motion regularly, and asking for further nominat: us until they are completed. When all the candidates are nominated it is for members to discuss the merits or claims of eacli. In this case each member should be confined to the rules of debate — the time limit (when any) and one speech ; for though there may be half a dozen or more nominations the only question really before the body is the nomination of a candidate. It is also not unusual for candidates themselves, when present, to say a few words, accepting the nomi- nation in foritjal terms. It frequently happens then, or before the vote is taken, one or other of the candidates will decline the nomi- nation, either personally or through some friend authorized to spiak for him. In such a case the chairman should put the question whether the member who proposed the name should have leave to withdraw the motion — a permission always accorded under the circumstances. A vote may be taken by a show of hands, a ballot, or even the recording of the yeas and nays. When, under exceptional condi- 76 RULES OF ORDER AND PROCEDURE. tions, the meeting is fully constituted and the secretary has in his possession the roll of delepiates duly authorized hy the meeting on the report of the committee, it is always possible to adopt the ballot or even record the names with some accurac3^ Accordingly the meeting should at an early part of the proceedings when the organization is complete and some rules of procedure are adopted, provide the methods of voting by a formal resolution. The ballot is preferable in cases of nominating for officers or for parliament. When the meeting is ready for a vote the chairman will pro- ceed to take the yeas and nays, in case that is the method required. He must put the question on the name of the candidate first pro- posed as in the case of the speakership of the commons (see abov(\ p. 27). The secretary, having a list of the delegates before him, will call each name alphabetically, and members will answer yea or nay, and be so recorded. After all of the delegates present are so called, it is advisable to read over the names on each side in order that members may be able to correct any inadvertent mis- takes. The total number of yeas and nays will be announced by the secretary, and the chairman will declare the motion carried or negatived. la the latter case, the chair will proceed to the next motion which will be deci('ed in the same manner. But the taking of yeas and nays is cumbrous and unsuited to ordinary conventions of this character, and it is expedient, as a rule, to adopt the ballot as more expeditious since the meeting has an opportunitj' of cor-jing to a decisive vote immediately by one ballot. Two methods ot taking the ballot may be used in conven- tion;.. The chairman may appoint two tellers, who are also scrutineers, and distribute slips of paper (A;) furnished and initialled by the secretary, upon which each member of the convention, includ- ing the chairman, writes his vote. The votes are then collected, counted by the tellers, and the result reported to the chairman, (k) It wouhl be well if such blips of paper contained the names of all the nom- inees of tho convention, so that each delegate could ai)ix his cross X ^^ at public elections, but such a practice would be hardly feasible, as in small bodies like municipal councils unless the convention ^ave time to the clerk to prepare the bal- lots iu this more regular way. A proper box should be also provided. POLITICAL CONVENTIONS. 77 who announces the result of the vote in some such words as these: " The whole number of votes cast is ; the number necessary for an election is ; Mr. A. received ; Mr. B. ; Mr. C. . Mr. B., having the required number, is the candidate duly elected by the convention to contest the constituency." Or, in case no candidate has received the required number of votes — generally a mujority of all the votes cast — another ballot must be taken, and the balloting must be continued until a decision is reached. Where there is only one candidate for an office, and the regula- tions require the vote to be by ballot, it is a common practice to authorize the secretary to cast the vote of the assembly for such and such a person, but this is not regular, since secrecy is the essence of the ballot ; it is better to move a suspension of the rule for the ballot, and ask that a candidate be elected unanimously. In counting the ballots all blanks are ignored. Another and more accurate mode of taking a ballot at a con- vention may be suggested. The clerk or secretary, at the time the ballot is called for, can call the roll of the delegates alphabetically and each delegate or substitute should come to the table, and hav- ing been handed a slip of paper, should record his vote, fold the same, and hand it to the clerk who will affix his initials thereon, and placing a check simply against the voter's name, deposit it in a box. In this way each vote may be duly recorded, and when the ballot is concluded, the secretary will open and count the votes in the presence of two scrutineers, appointed by the chairman, who, as in the previous method just described, will announce the result. This method is less expeditious than the other, but it is more reliable and ensures secrecy besides. The chairman should not take any part in the debates of the convention after his address at the commencement of proceedings, except to fill the necessary functions of chairman ; inform the meeting on points of order, or the ordinary course of proceeding when it is advisable to do so, or at times, instead of ruling motions out of order at once, suggest how the desired object can be accom- plished in order to facilitate the business of the meeting. As r 78 RULES OF ORDER AND PROCEDURE. an eminent authority (l) has said, *' the great purpose of all rules and forms is to subserve the will of the assembly, rather than to restrain it ; to facilitate and not to obstruct the expression of their deliberate sense." | The chairman, as a member of the body, has the right to vote when the vote is by ballot, but if he neglects to vote before the ballots are counted, he cannot then vote without the permission of the meeting, and it is very doubtful if it should be granted even then. In case he wishes to vote, his ballot should be first given to the secretary. In the majority of cases, however, it is not unusual for the chairman to refrain from voting, even in a ballot. In case the vote is by yeas and nays, the chairman should follow the parliamentary practice and vote only in case of a tie. The secretary should vote, as he may deem expedient, in every case. When the convention has made a choice in any way, the suc- cessful candidate, if present, will thank the meeting formally, and addresses will be in order (as before stated on p. 75). The convention, I have briefly described, is one for the nomina- tion of candidates, but the rules and usages will apply to any body of larger scope. In case it is intended to adopt a platform or series of resolutions, embodying certain opinions on political and other questions, it is sometimes expedient to appoint a small committee h'imultaneously with that on credentials to draft such proposed resolutions and report them for the consideration of the meeting. When the report is brought up, it ma}^ be considered as a whole or paragraph by paragraph — the more convenient course when there are a series of propositions for debate. Each paragraph is then a question to be adopted, negatived, or amended, according to the sense of the meeting (see above, p. 61, for procedure). It is not absolutely or always necessary, however, that such resolutions should bo initiated by a committee in ordinary con- ventions and assemblies, but only on occasions when it is advisable to consider with great care and deliberation the principles of party action, or the leading details of some measure then agitating the (/) CuahiiiK, p. 990. ORGANIZATION AND MEETINGS OF SOCIETIES. 79 public mind. Each assembly is the best judge of the procedure expedient in its own case. In the majority of cases, motions em- bodying certain views on public topics may be conveniently brought up by individual members and immediately debated without the intervention of a committee. When the business of a convention is understood to be concluded, the thanks of the body will be unanimously voted to the presiding officer and secretary for the efficient discharge of their duties. The chairman, having temporarily vacated the chair while this is being done, with another member presiding, will deliver a short address, thanking the assembly for their kind appreciation of his services, and at the same time make some general remarks on those features of the meeting that require his comment. Having done this, the chairman will declare the convention adjourned sine die, and leave the platform. 4. Organization and Meeting of Benevolent, Literary, Scientific and other Societies. Prefatory remarks. — I come now to refer briefly to the forma- tion, constitution and regulations of those somewhat numerous societies that exist in Canada for the purposes of common stud}' and investigation or for the promotion of benevolent, charitable, or •other objects. When it is proposed to establish such an association, notices should be published in the newspaper press of the locality, and sent to those persons most likely to take part in the project, of the time and place of meeting. First meeting for organization.— As soon as a sufficient number of persons are assembled, one of the promoters should be moved into the chair, and a secretary appointed for the purposes of the meeting until a permanent organization has been completed (see above p. G7, for procedure as in ordinary meetings). When the temporary officers are appointed, tlie cliairmau should read the notice summoning the meeting, and call upon any one interested in the matter to address them. The secretary should keep the minutes as in all cases of public or other meetings (see 80 RULES OF ORDER AND PROCEDURE. above p. 11, for form). For the discussion of this informal meeting, no rules need be laid down, as it may be considered rather in the nature of a committee of the whole, when the object in view can be best promoted by a full and free debate. Good sense and relevancy are the qualities necessary on the part of the speakers ; tact and judgment are, as usual, the requisites of the chair. But it is essential that no discussion shall commence, and be allowed to proceed, until a member has proposed, and another has seconded, a motion as a basis of consideration and debate. Such a motion should briefly set forth : " That in the opinioi of this meeting, it is desirable to form a society in this city (or other place) tf. encourage studies and investigations in literature and science,"' or whateve* may be the special object of the proposed association (see above^ p. 30, as .0 the form and putting of motions). After ample dis^^ussion of this motion, it should be put by the chair, and if carried, it should be at once the duty of a member of the meeting; to propose another for the formation of a select com- mittee in these terms : " That Messrs. be a committee of members to frame a constitution for a society to encourage studies and investigations in literature and science, and to report thereon at a meeting to be called at o'clock, p.m. {or a.m., m the case may be)^ on the day of instant in this hall {or such other place as may be most convenient). As a rule the name of the society may be most conveniently left to the committee. If, however, a special name has been suggested and appro^'ed in tha course of the debate, it can be formally moved after the general resolution for the formation of a society has been adopted. In that case the motion for the com- mittee will set forth the designation of the proposed association. Then a committee having been agreed to, the business of the meeting for the time being is at an end, and the chairman will formally adjourn it until the hour and day already fixed. Subsequent meetings. — The meeting having resumed at the time and place to which it had adjourned, the same presiding officer and secretary will occupy their respective places. Should they be unable to attend, two other members will at once be appointed. ORGANIZATION AND MEETINGS OF SOCIETIES. 81 The chairman will call the meeting to order, and ask the secre- tary to read the minutes of the previous sitting. When the reading is completed it is open to members to make corrections in case of errors ; and then the chairman will ask, " Shall the minutes be confirmed {or approved) ? " When this motion is agreed to, it is usual, though not necessary, for the chairman to sign the minutes (see ahovCf p. 11, as to minutes generally). The chairman will then enquire, ** Is the committee appointed to report a constitution for the proposed society ready to report?" If the report is ready, the chairman of the committee will bring it up, and either read it himself or have it read by the secretary — the usual parliamentary course. The report should be that of the majority, be duly signed by the chairman, and no minority report is in order (see ahovCf p. 50), should one be submitted. The report, in all cases, should commence with the order of reference as follows : " The committee appointed to frame a constitution for a society to encour- age studies and investigations in literature and science (or whatever tlie object may be) respectfully submit the following as a recommendation : Then should follow the draft of the constitution. The chairman should formally move " That the report be now considered," and when the meeting has agreed to such a motion the document will be open to debate, amendment and adoption, (see above, p. 51, as to committee reports). The most convenient course is always to consider such a report in detail — that is to say, paragraph by paragraph, each being a separate motion or ques- tion (see above, p. 51), to be discussed, amended, accepted or negatived, as the meeting may finally determin . The report should contain the constitution of the proposed society — that is to say, its fundamental law, setting forth the object, name, character of the membership, and designation of principal officers, with such other details as may properly be therein embodied. B.M.P.— 6 82 RULES OF ORDER AND PROCEDURE. When the constitution is adopted, then the chairman will call upon the persons present who wish to become members to sign a roll of membership prepared by the secretary, and for this purpose the meeting can be adjourned definitely for a certain time, or at the call of the chair. That is to say, the chairman will either say, *' Is it the pleasure of the meeting that it do adjourn for half an hour?" and he will formally put the question for adjournment ; or he may simply ask the assembly to resume in half an hour, when he will again take the chair. On resuming, the acting chairman will take the sense of the meeting — strictly speaking of the members of the new society as they appear on the roll duly signed — whether it should proceed at once to the election of officers. If this is agreed to, a motion should be made for the appointment of each officer designated in the constitution. These officers are generally a president, one or more vice-presidents, a secretary, a treasurer and a council ; or otherwise. The question should be put on each motion for the appointment of officers. In case of a difference of opinion on any proposed name, the rules that prevail in parliament in similar cases should be followed (see ahov<, p. 8), and the motions for each appointment taken in their due precedence. The sense of the meeting will be taken almost aivariably in these preliminary meetings by the voices or show of hands ; and it is rarely that the ballot will be used, and then on^y by a formal motion to that effect before the meeting proceeds to a nomination of officers. When the officers are duly appointed, the temporary chairman and secretary should vacate their places, and the new officers elect assume their duties. After thanking the meeting for the honour conferred upon him, the president, or whatever maybe his designa- tion, should aak if members have other business to propose. It is in order then to make a motion for the appointment of a select committee of three or more members — a small number being preferable, as a rule — to draft a code of rules of procedure and order for the society. Frequently the same committee that framed the constitution will be appointed for this purpose. Indeed, it is ORGANIZATION" AND MEETINGS OF SOCIETIES. 83 not unusual to give them authority in the first instance to frame a constitution and regulations, and, in such a case, both will be embodied in the one report and considered at the same time. But it is more convenient, and indeed more regular, to frame a consti- tution in the first place ; in other words, to lay down the governing principles of the new association ; and when these have been agreed to, and the society has been formally organized, it is the proper time to adopt the necessary rules of procedure. When the committee has been appointed in this way, it appears most convenient to adjourn until a later time that sufficient oppor- tunity may be given to the committee to perform their important duties. Before the adjournment, other business that may be abso- lutely necessary can be conveniently disposed of, but not such as may evoke controversy. The constitution and rules of procedure should be necessarily determined before the society or association proceeds to discuss the subjects which come under its purview. Accordingly the meeting will be adjourned on a motion duly made to a later hour or day. At the meeting for the consideration of the regulations, the per- manent officers will occupy their respective places at the fixed time. The chairman will call the meeting to order, if he is of the opinion that there is a majority of the members on the roll — the common law of such bodies requiring a majority of the whole in the absence of express provisions for a less number. When there is a quorum, the minutes will be first read and confirmed as in the previous meeting, and the chairman will then ask if the committee on rules and regulations is ready to report and the reply being in the affir- mative, the chairman will bring it up and read it himself, or hand it to the secretary for that purpose. The report will be in conformity with the rules applicable to all such reports (see aftore, p. 50), and will commence with the words : "The committee appointed to draft a code of regulations respectfully submit the following as a recommendation to the society." Then should follow the rules and regulations in a series of num- bered paragraphs. 84 RULES OF ORDER AND PROCEDURE. The report, having been taken into consideration, will be read and discussed paragraph by paragraph, as in all similar cases (see above, p. 51). It is always advisable for the chairman to have the report in print, when it is practicable, so that every member may be able to discuss it intelligently. Be that as it may, the regulations must be very carefully discussed. When each para- graph has been discussed and disposed of in due order it is not necessary to put a question on the whole report. At these several meetings for organization, the rules that pre- vail in committees of the whole may conveniently govern all the debates and proceedings, but when the regulations are under con- sideration, either in the select committee or in the society itself, it is necessary to consider whether special rules should not be made for limiting the debates of the association. All societies and associations that are of a permanent charac- ter should, at the earliest practicable date, obtain from the proper legislative authority an act of incorporation (n) embodying their constitution and giving them power to hold and sell property and dispose of such moneys as may be bequeathed or granted to them. Such acts of incorporation are initiated as private bills and do not require the notices in the dominion or provincial gazettes and in the local papers that are necessary in other cases of legislation for companies and undertakings formed for pecuniary gain and advan- tage. It is also usual for the legislature to refund the ordinary fees in the case of all scientific, literary and purely charitable or benevolent associations (o). The procedure I have here sketched out may apply to all societies whatsoever, and not to one class necessarily. (n) For form of incorporation of a literary and scientific society of a dominion character, see Act incorporating " The Royal Society of Canada," Dom. Stat, of 1883, c. 46. For constitution and regulations of the same, see Transactions, vols. I. and IX. The statute books of the dominion and provincial legislatures contain numerous Acts that form a guide for all classes of associations. But in every case a solicitor should be employed to draft the Act embodying the constitution of the society. (o) See Bourinot, p. 730. mutual ijexekit and provident associations. 85 5. Mutual Benefit and Provident Associations. The " Grand Council of the Catholic Mutual Benefit Association of Canada," incorporated by Act of parliament of Canada in 1893, 56 v., c. 90, has a very elaborate constitution and code of by-laws and regulations, and is in these respects a model for other benevo- lent and provident societies. The general principles of the parliamentary law regulate order aud decorum in this association, as in all other assemblies. An appeal is allowed (without debate) against a decision of the chair, when seconded by two members in good standing, and put in the form, ** Shall the decision of the chair stand as the judgment of the council {or branch)?" The chairman may succinctly explain his decision, and necessarily cite authorities. A two-thirds vote of those present can alone reverse the decision of the chair (for parliamentary rule of putting such questions of appeal, see above, p. 39). All motions must be duly seconded and " stated," that is pro- posed by the chair ; and each shall be written at the request of the chair, the secretary, or any two members — a departure from the strict rule of parliament, hardly in the interest of business or order, since it may lead to loose practice. All motions should be written, except those of a purely routine character (see for parliamentary rule, above, p. 30). No member shall speak more than once on a question until all others have had an opportunity of doing so ; nor more than twice, nor more than five minutes at any one time without permission of the chair or of the meeting, i.e., of a majority of the meeting. Another rule gives greater latitude than in parliament, viz. : "8. A member presenting a motion or [proposed] resolution may preface it by a few remarks bearing distinctly thereon ; this shall not preclude him from speaking on the question the same as other members, and he may close the debate." On the call of three members, yeas and nays may be taken and recorded ; voting, as a rule, is in the usual way, by voices, by such 86 RULES OF ORDER AND PROCEDURE. signs as holding up hands, by yeas and nays, or otherwise, as the meeting may determine ; but in the case of election for officers it must be by ballot (for mode of taking the ballot, see above, p. 77). The chairman has always a vote like any other member in the council meeting, but the rules give him no casting voice ; on the other hand the president of a branch can vote at the election of officers or on the balloting for candidates, and when the mem- bers are equally divided on other questions he has a casting voice. He can, however, vote on any question in a branch (see sec. 197 of "Constitution and By-laws"), "when he is one of only seven members." Rule 24, which applies to all meetings, requires every member to vote and serve on committees and accept nominations unless excused by a majority vote or otherwise incapacitated. Direct personal interest would be a disqualification in this sense (see above, p. 43). The following are : 6, " Privileged questions " : — When a question is before the meeting no motion shall be received, unless it be : 1. To adjourn (see below, R. 28). 2. To lay on the table (see below, R. 29). 3. The previous question {s^t below, R. 12). 4. To postpone indefinitely (see below, R. 1 1 ). • 5. To postpone to a certain time. 6. To refer. 7. To recommit. 8. To amend. '*.\nd these motions shall take precedence in the order enumerated. The first four shall be decided without debate." For precedence, see below, Methodist Conference, r. 10. A " privileged question " means a question which is always in order, and has a certain precedence, as stated in the rule above (see a definition by the American authority Iloberts, above, p. 25n). The same rule is subject to the following limitations : — II. When a subject has been indefinitnlv postponed, it cannot again, during the same session, be taken up and considc -d ; nor can a subject which the meeting has refused to consider be taken up that session. MUTUAL BENEFIT AND PROVIDENT ASSOCIATIONS. 87 For meaning of " session," see aftore, p. 7. By rule 6 above, the previous question is privileged, undebatable and has precedence over all other motions therein enumerated, except to adjourn or lay on the table. A later rule provides : 12. "On motion, a majority of the meeting may demand that the previous question shall be put, which shall be always in this form : ' Shall the main ques- tion be now put?" and until it is decided all further motions, amendments and debates shall be precluded.'' That obviously means the previous question, as practically used in the United States (see above, p. 15) ; it can be proposed and put on amendments, but when it is once proposed no further motions are allowable. But it is clearly subject to rule 6 above, which gives precedence, 1st, to adjourn (undebatable) ; and 2nd, to lay on the table (undebatable) which are privileged and consequently always in order. It must be also subject to the ordinary parliamentary rule, as to the eifect of a vote carrying or negativing the previous question (see above, p. 14). The following rule makes other limitations with respect to adjournment and laying on the table ; \ 28. "Adjournments, — A motion to adjourn shall always be in order except, 1st, when a member is in possession of the floor; 2nd, when a vote is being taken ; 3rd, when it was the last question or motion put ; 4th, when it has been decided to act upon the last question ; 5th, when a motion to consider a question, which could not be legally considered at a subsequent meeting is before the meeting. A motion to adjourn shall be decided without debate, but, if decided in the affirmative, it is no adjournment until the meeting is closed in due form." 29. "Table. — A motion to lay on the table shall be decided without debate and cannot be reconsidered at same meeting." In rule 28 above, the first three limitations to the putting of a motion of adjournment are according to parliamentary rule (see above, pp. 33, 38). The meaning of No. 3, ** when it was the last question put," is obviously that, once negatived, it cannot be again moved unless some other question or business has first intervened (see above, p. 33). 88 RULES OF ORDER AND PROCEDURE. The rules also provide for reconsideration as follows : 17. "After any question has been decided, any member who has voted in the majority may at the same or next regular meeting move for a reconsidera- tion thereof, but no discussion of the main question shall be allowed until the motion for reconsideration has been carried. When a subject has been indefinitely postponed or a reconsideration thereof refused, it shall not be again taken up during the same session." The last sentence seems an unnecessary repetition of rule 11, given above. A motion to lay on the table can only, under rule 20 (see above, p. 87), be reconsidered at a regular meeting next after the one where it passed. A subsequent rule gives another opportunity to annul a pro- ceeding when recon.sideration is not in order, viz. : 35. " Repeal or rescind. — A motion to repeal or rescind a motion shall be offered in writing and announced at a regular meeting at least one week before action shall be taken thereon, and shall only be in order when the motion to reconsider is no longer available." 6. Trades and Labour Organizations. < The industrial development of Canada has given rise to an immense army of workmen who have of recent years formed them- selves into various associutions for the purposo of protecting the interests of their particular trades, and at the same time asserting the claims of labour to just consideration. These associations can be organized in the way explained in the foregoing section in rela- tion to societies generally. In addition to the constitution and by-laws which govern their special interests, they have neces- sarily adopted rules of order and procedure for their respective meetings. I. Trades and Labour Council of Toronto.— The following code, taken from the constitution of this council, will sufficiently for my purpose illustrate the nature of the rules that are gener- ally in vogue among the numerous industrial associations of the Dominion. As a rule these organizations are governed by the general principles of the parliamentary law given in the first part of this work, in the absence of special rules or usages regula- ting their proceedings. TRADES AND LABOUR ORGANIZATIONS. cS9 It is the duty of the president to preside at all meetings, and in the case of the absence or the resignation of that officer, the vice-president performs his duties in the chair (see beloiCf rule 19). The other officers are the recording and corresponding secretary, financial secretary, treasurer, librarian and serjeant-at-arms, all of whom are elected by a majority of votes cast by ballot. The following is a copy of the rules of procedure with such remarks as suggest themselves after any rule : 1. "The meetings of the organization shall be opened at the appointed time." The constitution fixes the regular meeting on the first and third PViday of each month, at and from the hours of 8 p.m. to 1 1 p.m., and at such place as the majority may from time to time determine. The time may be extended witli the consent of two-thirds of the members present. See article 3, sections I, 2, of constitution. 2. " The business of each session shall be conducted in the following order : (i) " Calling the roll of officers by the secretary." A special rule of this society. (ii) •* Reception of credentials and report of credential com- mittee." The president appoints (article viii. section 6, of constitution) at each session this committee consisting of three members, whose duty it is to examine the credentials of all delegates seeking admission, and see they are properly signed, and sealed, and accompanied by the address of the delegate, and of the secre- tary of the organization sending him (see abovc^ p. 72). (iii) '• Reading of the minutes of last meeting." See above^ P- 1 3- (iv) •• Calling of roll of delegates. This order shall not be suspended except with the consent of two-thirds of the members present." This should be done alphabetically. (v) " Election and installation of officers." See article vi. section i, and aboTe^ pp. 8, 27. (vi) " Reports of standing committees read and disposed of." 90 RULES OF ORDER AND PROCEDURE. Four standing committees of five members each, "legislative, municipal, educational and organization," are nominated and elected at the last regular meeting in January and July — each member to have a majority of votes cast. Each committee must report in writing. No member can be appointed on a committee unless he was present and consented to serve at the time of appoint- ment (see (idovCf for parliamentary rules, pp. 48-51, as to committees). (vii) " Reports of special committees read and disposed of." See parliamentary rules of committees, adove, pp. 48-51. (viii) •' Rsceiving and disposing of communications from local organizations and other correspondence." The secretary should have all such documents arranged and endorsed ; the endorsation should be read as a rule, unless a member wishes a paper read at length (see abovc^ p. 52, as respects petitions in parliament). (ix) " Unfinished business." The secretary should have a docket ready for the meeting. (x) " New business." This must be such business as can be presented in accordance with the rules and usp.ges of the council. (xi) " Report of receipts." A special procedure necessary to all "uch organizations. (xii) "Adjournment." .•\t the hour of 1 1 p.m. the meeting must adjourn, unless two-thirds of the members a^ree by a vote to extend the time (see above^ p. 89). An adjourn- ment will throw over all business until next meeting when it must be taken up under head of " unfinished business," as above. 3. " The regular order of business may be suspended at any time by the president to receive the report of the credential com- mittee or by a two-thirds* vote for the transaction of special business." This is a privileged proceeding like messages from the crown or senate in parliament. Business is immediately resumed at the point where it was inter- rupted under this rule (see Bourinot, p. 461). 4. " Every motion and resolution shall be made in writing at tlie request of the chairman, except mrre'.y formal resolutions." This leaves the matter practically in the discretion of the chairman who should, however, never fail to follow parliamentary usage, as above^ pp. ir, 30, TRADES AVD LABOUR ORGANIZATIONS. 91 and demand written motions. The merely formal motions are to adjourn, lay on the table, commit, recommit, previous question (see above^ p. 30). 5. " No question shall be stated unless moved by a member and seconded." See above^ p. 30, When so moved and seconded, and proposed from the chair a motion becomes a question. 6. '* When a questioL is before the council, no motion will be in order except : — (1) " To amend (see above, p. 32). (2) " To refer or recommit (see above, pp. 24, 25). (3) " To postpone (see above, pp. 23 25). (4) '* The previous question (see rule 7 and 16, below). (5) •* To lay on the table (see above, pp. 22, 25). (6) ** To adjourn (see above^ p. 33). " And shall have precedence in the order they stand herein — the last three of which shall be decided without debate." For rule governing prececl2nce, see Fourth Part II. Methodist Conference, rule 10. The motions, " That the house do now adjourn," " I move to lay (state subject) on the table," "That the main question be now put," are undebatable. As soon as they are proposed they must be submitted to the decision of the council. See below, rule 7 as to previous question. 7. ** After the previous question shall have been stated, no amendment shall be entertained, and no explanation shall be allowed to be made or offered by any member, and all debate shall cease, and the council shall proceed forthwith to vote." This goes further than the ordinary motion for an undebatable previous question since it does not even allow an explanation. Otherwise the rule is hardly necessary, since the previous rule (6) makes the previous question undebatable, and consequently prevents any amendment being made. The word "stated " in this and other rules, means the parliamentary term "proposed" from the chair obviously. .See rule 29, belcnu ; also aboTc, p. 14, as to result of a vote carrying or negativing the previous question and the result in each case on the main motion. 8. "Any member voting in the majority may, during the same meeting, move a reconsideration." A common rule (see above, p. 17). 92 RULES OF ORDER AND PROCEDURE. 9. *' Any member, feeling himself aggrieved by the decision of the chairman, may appeal therefrom ; and in such cases the question shall be: "Shall the chair be sustained?" and shall be decided without debate. " See the parliamentary form of proceeding which is identical, above^ p. 39. 10. " When a blank is to be filled, the question shall be taken first on the highest sum or number and the longest time." This is the reverse of the old parliamentary principl* (see above, p. 47, for remarks on the subject). 11. " Any member may call for a division of the question when the sense will admit of it." The parliamentary rule, above, p. 35. 12. "Any member wishing to address the council must rise, and if more than one rise at the same time the president shall decide which has the floor, and the other shall speak next in order." The parliamentary rule abo7'e, p 37, excepting the concession of the floor to the next in order. 13. " During the reading of the minutes, reports, communica- tions or other papers, and when a member is addressing the council, silence shall be observed, and no one shall be allowed to retire or otherwise disturb the meeting " (see above, p. 38). A parliamentary rule of order, but it goes much further if it is to be interpreted as preventing a member from retiring while another is speaking. The convenient interpretation must be, no one should make unnecessary disturbance or interruption in retiring. His retiring, in fact, should not be noticeable. 14. *' No member shall interrupt another member when speaking, except to raise a point of order, which shall be definitely stated , and the president shall decide it without debate." See parliamentary rule, abo7'e, p. 30, limited by allowing no debate after a definite statement of the point of order. 15. " Any member who shall misbehave himself during the meeting, and disturb the harmony thereof, by abusive, disorderly or profane language, or who shall refuse obedience to the president, TRADES AND LABOUR ORGANIZATIONS. 98' shall be admonished by that officer, and if he offend again he shall be excluded from the room for the evening, and afterwards dealt with as the council may determine." In accordance with parliamentary rules which permit members to be admonished, reprimanded or suspended, or even expelled, according to the gravity of the offence (see Bourinot, pp. 249, 434, 439). 36. "The previous question shall be stated in the following form : ' Shall the main question be now put ? ' " The previous question is not debatable, see rule 7 abo\e. If the council decide the previous question in the afifirmative, the vote must be taken at once on the main motion. If it is decided in the negative, then the motion disappears (see above^ p. 14). 17. " Each speaker on any question before the house shall be allowed ten ininutes, and no member shall speak more than twice on the same question except by the unanimous consent of the council." A wise limitation to debate in assemblies where time is valuable (see above^ p. 13). \{ one member object, no member can speak twice on a question. 18. " The chairman shall not be permitted to speak on any subject, while in the discharge of his duty as president, except on matters of order, in which he shall have precedence ; when the council has occasion for facts within his knowledge, then he may, with leave, state the matter of fact." A convenient and proper rule, permitting the chair not to debate, but to make such explanations and state such facts as are necessary for the satisfac- tory transaction of public business (see abovc^ p. 69). 19. ** The president shall have the right in the absence of the vice-president, to name any member to perform the duties of that chair, who shall be during such time invested with all the powers of the vice-president." A necessary rule. 20. ** A member shall not be interrupted while speaking, except on a privileged question, a call to order, or for the purpose of explanation." The parliamentary rule, as above^ pp. 38, 39. 94 RULES OF ORDER AND PROCEDURE. 21. " If a member, while speaking, be called to order, he shall, at the request of the chairman, take his seat until the question is determined, when, if permitted, he may proceed." A parliamentary rule, as abovc^ p. 39. 22. " Each member when speaking shall be standing, and respectfully address the presiding officer, confine himself to the question under debate, and avoid all personalities, indecorous or sarcastic language." The parliamentary rule, as abovc^ pp. 37, 39. 23. " When a question is put every member shall vote, unless the council shall for special reasons excuse him." A parliamentary rule, as above, p. 43. 24. "On a call of one-third of the members, the yeas and nays shall be ordered, when every member's name and manner of voting shall be recorded on the minutes." Otherwise, the decision of the meeting shall be given by the voices or show of hands. Yeas and nays in all assemblies are only ordered on the demand of a certain number of members (five in the Canadian commons). The way of voting is explained above, p. 41. 25. " The first person named on a committee shall act as chairman until the committee is called together, when they may choose any one of their number they may think proper." The parliamentary rule, as above, p. 48. 26. '* No committee shall be discharged until all debts con- tracted by it shall have been paid." A special rule requiring no comment here. 27. " When there is no question before the council, no debate whatever shall be allowed, save questions asking for information, which shall be at the option of the president to retain." Embodying a parliamentary principle which requires the assembly to be seized of a question before a debate can go on {above, p. 11). Questions on matters of importance or interest are always allowable as abo7'e, p. 44. TRADES AND LABOUR ORGANIZATIONS. 95 28. " All questions of order as to the propriety of entertaining the consideration of any subject may be debated." A special rule to prevent the discussion of troublesome questions and to save the time of the assembly. 29. "The president, when in the chair, shall state every question coming before the council, and immediately before it is put to vote shall ask, * Are you ready for the question ? ' when it shall be open for debate." A parliamentary rule in effect, as aboi'e^ P- 4^ It would be better placed after rule 3. 30. " The president need not rise from his seat to state a question; but must rise to put a question." In parliament the speaker rises both to " state " (propose) and put a ques- tion. I do not see why even in assemblies of less importance a similar procedure is not considered necessary. 31. " When the chairman has arisen to put the question all debate shall cease, and he shall imriiediately proceed to declare the result of the vote on the question, which has been under consideration." The parliamentary rule in effect, as above, p. 42. Before declaring the result, the chairman should, however, gather the sense of the meeting by the voices or a show of hands, or by the yeas and nays as provided for in rule 24 above, under exceptional circumstances. Though there is no express rule to that effect, it must be understood that in all unprovided cases the council must refer to the parliamentary law of Canada so far as it can be made applicable to their circumstances. The rules, it must be assumed, can only be suspended at any time by unanimous consent, which should be done only under exceptional conditions (see ahove^ p. 6). If it is necessary to change or adopt a rule, notice thereof should be given at a regular meeting previous to that where it is considered. The constitution very wisely provides (article ix), as all constitutions of similar bodies should {above, p. 6), that it " shall not be altered, amended or suspended, except at a regular meeting of the council, and with the concurrence of a two-thirds vote of the members 96 RULES OF ORDER AND PROCEDURE. present. Notice of any amendment or alteration of this constitu- tion must be given in writing at a previous regular meeting. If this notice is not general, but in definite terms, the meeting can alone consider the amendment as it is actually given in the notice (see on this difficult question, helon\ pp. 117, 118). It would not be competent to alter its purport or effect. It must be either rejected or adopted. 2. Trades and Labour Council of Hamilton.— The rules of this association are the same as those of the preceding council with the following exceptions in the copy before me : — Rule 2, (s. iv): " Calling roll of delegates," not suspended "by consent of two-thirds of the members present ; " consequently it is not suspended except under conditions of rule 3, given ahovCy p. 90. Rule 32 added : ** The president shall have the casting vote on all questions resulting in a tie vote." The president has, consequently in Hamilton, a vote first as a member, and secondly a casting vote in case of an equality of votes. The Toronto president, in the absence ofj such a provision, can only vote once as a member. 3. Builders' Labourers' National Union, No. i, Toronto.— General principles of parliamentary order and debate govern this as other associations (see above, pp. 87-39). A president occupies the chair, maintains order, states and puts every question practically as in parliament (see above, pp. 80, 31), or as in rules 29, 30 and 31 of Toronto Council (see above, p. 95). Each speaker is allowed ten minutes on any question ; no one can speak more than once on the same question until all members have had an opportunity to do so ; nor more than twice without permission of the chair. Yeas and nays may be called for by two members before the chairman rises to take the question, but it requires the assent of one-third of those present to take such a division. A member may TRADES AND LABOUR ORGANIZATIONS. 97 be excused from voting without debate, but he must have a personal interest in a question or his union must be interested in the same, or he must have other equally sufficient reasons for being so excused. An appeal lies to members generally from the chair's decision as in all other assemblies (see above, p. 39). When the person appealing has stated his reasons, the question must be put, without debate, ** Shall the decision of the chair stand as the judgment of the union ? " The following special rules are given in full : 12. "When a question is before the union no motion shall be received unless : (i) To adjourn (see bclow^ rule 24). (2) To take previous question (see bcio-w, rule 15}. (3) To lie on the table. (4) To postpone to a definite time. (5) To refer. (6) To amend. "And they shall have precedence in the order herein arranged, the first three of which shall be decided without debate." For meaning of precedence, see Fourth Part, II., Methodist Conference, rule 10. Only first three are undebatable, and con- sequently not amendable, since to amend is practically to speak and commence debate. 14. "The motion to close debate may be made by any two members and shall be put in this form : ' Shall the debate now close ? ' and, if adopted, the president shall proceed to take the question on the resolution and amendments thereto, according to priority without allowing further debate." 15. "The call for the previous question may be made by any six members and shall be put in this form: "Shall the main question be now put?" If adopted, the effect shall be to take the question on the original resolution, to exclusion of all debate, and [of] all the amendments which have not been adopted." On a mere superficial reading it would seem as if these rules had the same practical effect, but it is not so. Rule 14 simply B.M.P.— 7 98 RULES OF ORDER AND PROCEDURE. provides for taking the question at once on a motion and any amendments thereto in order when the majority decide by voting that " the debate now close." But the rule does not strictly preclude a discussion going on until that vote is taken. In that respect it is the previous question in the house of commons. Bules of some councils more logically (see below, p. 102) make such a motion undebatable. If the assembly negative the motion " to close the debate," then the discussion goes on. Rule 15, evidently means that when six members demand the previous question it is put at once, since rule 12 makes the previous question undebatable. If adopted all debate must cease on the main question which is taken immediately, to the exclusion of all amendments that have not been adopted. The rule is a little vague, and " of," as marked above in brackets, should apparently go before "amendments" if the rule is to have any positive meaning in their regard. If the previous question is negatived then tbe parliamentary rule (see above, "p. 14) is to suppress the main question for the time being. The following rule makes strict provisions respecting recon- sideration (see above, pp. 17, 18) : i6. "AH votes other than on amendments to the constitution or rules, may be reconsidered at the same or next succeeding regular meeting upon a motion made and seconded by two members who voted in the majority, provided the union agrees thereto, but after a motion to reconsider has been once lost, it shall not be renewed." Art. 11 of the constitution (p. 7 of Constitution and By-Laws) and rule 3 provide very strict regulations with respect to any amendment or repeal of the constitution. A majority of the union must agree, if required, to the reconsideration of any question, for " assent " necessaril;^ means a majority vote in such cases. By rule 24, a motion to adjourn, when negatived, cannot be again proposed until fifteen minutes have passed. 4. International Building Labourers' Protective Union of America. — Same rules as preceding National Union of Toronto, above, p. 96. TRADES AND LABOUR ORGANIZATIONS. 99 5. International Typographical Union, No. 91— General parliamentary rules respecting order and debate prevail. Pre- siding ofiBcer maintains order and an appeal lies against his decision, as in all other assemblies (see ahovet p. 39). All motions, "unless merely affecting the order of business," must be in writing. Motions may be withdrawn previous to amendment or final decision with consent ; that is, by a vote, if necessary, of a majority of the members present. No member can speak more than twice on any question, nor more than ten minutes at any one time, without consent — that is, of a majority of tbe union. Any member may demand a division or the chairman may order same ; yeas and nays are recorded on call of five members ; such call shall not preclude amendment before main question is put (for putting questions correctly, see above, p. 41). A member may explain his vote during call, if the union consent thereto unanimously ; every member must vote except excused for sufiicient reasons, such as personal interest in a question. No rule can be suspended, except by consent (without debate) of two-thirds of members present. The following are special rules : 12. "When a question is under debate, no motion shall be received but : (i) To adjourn. (2) To lie on the table. (3) For the previous question (see below^ rules 26 and 27). (4) To postpone to a certain day. (5) To commit. (6) To amend. " Which several motions shall have precedence in the order in which thfty stand arranged. The motion for adjournment shall be always in order ; that and the motion to lie on the table shall be decided without debate." For meaning of precedence, see Fourth Part, II., Methodist Conference, rule 10. Only to adjourn the union or to lay a question on the table are uuilebatable under the rule. The moving of the previous 100 RULES OF ORDER AND PROCEDURE. question does not, according to strict reading of rule 27, heloiVf prevent a debate on the advisability of agreeing to such previous question, but only on the main question. 26. "A motion for the previous question shall not be entertained unless seconded by seven members of the union." That is to say, when the previous question is moved, seven members, without the mover, must stand up." 27. "When so made, the question shall be put in these words : 'Shall the main question be now put ? ' and until decided shall preclude all further amendment and debate of the main motion. When there shall be pending amendments, the question shall be first taken upon amendments in their order, and then on the main question, without debate." Each amendment must be voted upon in order : " Shall the amendment now be put ? " (see ahovej p. 15, for United States, practice, which here applies). If the previous question is carried then a vote must be taken at once on the amendment; if it is negatived, then there is no amendment, since it is practically suppressed by the decision that it shall not noiv be put (see above, p. 14). The same remarks apply to all further amendments and to the main motion. The following is a special rule : 13. "A motion for the 'order of the day' shall take precedence of all other business except a motion to adjourn or a question of privilege.'' This is practically the parliamentary rule (see above, p. 36) which makes such a motion equivalent to the previous question. For a motion to adjourn (see above, rule 12) ; and a question of privilege, which has always priority (see above, p. 40). 6. Toronto Typographical Union, No. 91.— General parlia- mentary rules of order and debate prevail. A president maintains order in accordance with parliamentary usage (see above, p. 28). No member shall speak more than once on same question, except mover and seconder of a resolution, (which is, of course, only *'a motion," or "question," or "proposed resolution" at that initiatory stage see almve, p. 31), who may speak twice ; nor more than ten minutes without permission (i.e. of a majority of those present). TRADES AND LABOUR ORGANIZATIONS. 101 Any member may call for a division : voices are first taken, and if that is doubtful, or a division is called for, members for and against rise and are counted in order by the recording secretary, first in the affirmative and then in the negative. The president shall announce the result. The following are special rules : 6. " When a question is before the union, no motion shall be received but — (i) To adjourn. (2) To lie on the table. (3) For previous question (see below^ rule 19). (4) To postpone. (5) To amend. •' Which several motions shall have precedence in the order they here stand arranged." [For meaning of precedence, see Fourth Part, II., Methodist Con- ference, rule 10]. "The following shall be considered privileged questions and are not debatable : (i) To adjourn. (2) To lie on the table. (3) For the previous question. (4) To read a paper or document pending a question. (5) To reconsider. (6) All incidental questions of order arising after a motion is made for the previous question, and pending such motions whether, an appeal or otherwise, with this understanding, that the motion to adjourn be unconditional, and shall always be in order, except — (i) When a member is speaking. (2) When a vote is being taken on any question. (3) A motion to adjourn, being negatived, cannot be renewed until some other motion is made or business transacted." The last paragraphs, 1-3 inclusive, embody simply parlia- mentary usages (see above, pp. 38, 39). The previous question, when moved, is not debatable under the foregoing and the following rule : 19. " The previous question shall be put in this form : * Shall the main question be now put ? ' and, until it is decided, it shall preclude all amendments 102 RULES OF ORDER AND PROCEDURE. and all further debate. It shall only be admitted »vhen demanded by a majority of the members present." Consequently the chairman, if necessary, must take a vote to find if a majority wish " to admit," i.e. " allow " the moving of the previous question ; if there is such a majority, then the previous question is formally put. If it is cairied, then the vote is taken on the main question, as in all cases (sco above, p. 14), if it is negatived, then, as in parliament, the assembly has declared that the vote on the main qestion shall not now be put (aee above, p. 14), i.e., it is practically efifaced for the time being. This is the strict interpretation of the rule. Adjournment may be moved on the previous question under rule 6 above. The following rule provides for a reconsideration : i6. "When a motion has been made and decided upon, it shall be in order for any member voting in the majority, at the same or the next meeting, to move for a reconsideration thereof; but no discussion of the main motion shall be allowed." By previous rule 6, such a rule is privileged and not debatable. 7. Bricklayers' and Masons' International Union of America. — The same to all intents and purposes as the ** Inter- national Building Labourers* Protective Union of America " or "Builders' Labourers' National Union, No. 1, Toronto," on pp. 96, 98, above. The only important difference is that the constitution is not as strict concerning notice of amendments (Art. 23, p. 30, of Constitution and Rules of Order). 8. Iron Moulders' Union of North America. — Same as *' Builders' Labourers' National Union, No. 1, Toronto " (see above, p. 96), except *' To close the debate " is made a preferred motion, and " To postpone indefinitely" is added in rule 12, of foregoing union, which consequently should read as follows for the Iron Moulders' Union of North America : II. "When a question is before the union no motion shall be received, unless : (i) To adjourn. (2) To close the debate. TRADES AND LABOUR ORGANIZATIONS. 103 (3) To take the previous question. (4) To lie on the table. (5) To postpone indefinitely. (6) To postp me to a definite time. (7) To refer. (8) To amend. " And they shall have preference in the order herein arranged, the first four of which shall be decided without debate." Rules 12, 13 and 14, "to close the debate," "the previous question," and '* to reconsider," respectively, are the same as rules 14, 15 and 16 (see above, p. 97, 98) of the Toronto union mentioned ; but the constitution has a very strict rule respecting amendments of the constitution (see Art. 16, s. 1 of Constitution and Rules of Order, p. 28). I THIRD PART. CORPORATE COMPAWES. DIRECTORS' AND SHAREHOLDERS' MEETINGS, INTRODUCTORY REMARKS. 107 DIRECTORS' AND SHAREHOLDERS' MEETINGS. 1. Introductory remarks, p. 107. 2. Regulations or by-laws of companies, p. 109. 3. Directors'' meetings, p. 110. (1) Form of order of business at first meeting, p. 113. (2) Form of order of business at second meeting, p. 114. (5) Form of order of business at meetings in general, p. 114. 4. Proceedings of a general meeting of shareholders, p. 116. 5. Notice of meetings, p. 119. 6. Quorum, p. 122. 7. Minutes, p. 122. 8. Chairman, p. 126. 9. Resolutions, p. 127. 10. Books, p. 127. 11. Voting, p. 128. -4 1. Introductory Remarks. A corporation has been well described as a legal persona, that is to say, a distivjct person existing in contemplation of law, but having no physical existence (a). It can sue and be sued, and holds its existence in erery respect under the legal conditions of the charter or enactment that clothes it with powers to promote the object or objects for which it was formed. Each corporation in exercising its powers is subject to, — 1. The provisions of the Act under which it was formed. 2. The decisions of the courts relating to public companies. 3. The rules of the common law respecting public companies or corporations where special or general statutes are not applicable. Incorporated companies or joint stock companies are composed of a number of individuals, called shareholders, who subscribe and own a certain portion of the common stock or capital of the company. These shareholders are not responsible individually for the company's debts or engagements, and their property is aflfected only to the extent of their interest in the company. (a) See Palmer's Company Precedents, 1. 108 CORPORATE COMPANIES. In all the provinces of Canada, acd in the Dominion itself, there are general statutes under which a certain number of persons — not less than three in any case — by complying with certain legal conditions, may obtain corporate powers. These powers are granted under what are known as letters patent in the Dominion and the provinces generally, except in British Columbia where the English system of registration is still in operation (6). Not a few companies exercise their rights as legal entities by virtue of particular statutes of the proper legislative authorities of Canada, incorporating them specially. The affairs of all public companies are administered under legal regulations or by-laws at certain meetings, viz. : General or shareholders' meetings ; Board or directors' meetings ; Which will be described in due order. In this review of the pro- ceedings of public companies the writer is necessarily confined to the general laws under which charters are given to joint stock companies in the Dominion and to the leading principles that are admitted in special as well as in general statutory enactments on the subject. But, while reference is not made to the general statutes which relate to railways, banks, insurance, and other business and trading companies for which there is special legislation provided (c), the methods of procedure laid down in this work for the conduct of meetings of companies are for the most part applicable to all such corporations. But in every case care must be taken to consult the special regulations of such corporate (b) R. S. C. 1886. c. 119, amended by c. 20 of 1887. R. S. O. 1887, c. 157 ; alsoc. 178; c. 26 of 1889; cc. 32, 33, 34 of 1891 ; c. 35 of 1892 R. 8. Q. 1888, arts. 4694 et seq.; amended by c. 42 of 1889. S. N. B. c. 9 of 1885; amended by c. 7 of 1888; by c. 6 of 1889; by c. 20 of 1890 ; by c. 15 of 1892. R. S. N. S. 1884. c. 79 ; amended by c. 18 of 1885 ; by c. 30 of 1886 ; by c. 42 of 1889 ; by c. 35 of 1890: by 36 of 1892 ; c. 36 of 1893. C. S. Man. 1880-81, p. 218, 88. 226 et teq.; amended by c. 41 of 1883; by c. 20, 8. 1 of 1884; by c. 11 of 1886; by c. 3. 8. 15, of 1888; by c. 6 of 1892. 8. B. C. 1890, c. 6 ; amended by c. 3 of 1891 ; by cc. 6, 7 of 1892. R. Ord. N. W. T. 1888, c. 30. Warde (pp. 285, 306) calls attention to the fact that the British Columbia Act of 1888 c. 21, C. 8., has not been repealed and may be considered still in force. (c) 8ee Bourinot, pp. 695, 696n. REGULATIONS OR BY-LAWS OF COMPANIES. 109 companies. All 1 can do is to lay down those principles which govern generally all meetings. 2. Regulations or By-laws of Companies. All corporate or joint stock companies are regulated in the exercise of their powers by certain regulations or by-laws, generally made by the directors, with the aid of a solicitor to the company (see below, p. 113), and duly authorized by the shareholders at general meetings. The term, by-law, is, as a rule, used in Canada as designating the legislative action of municipal bodies or a rule obligatory over a particular municipal district, authorized by the statutory and common law, and not at variance with the general laws of the Dominion or a province. In a more restricted sense, it is applied to the permanent regulations or laws which regulate and define the relations of the members of local companies and corporptions towards the corporation, and between themselves, undei powers conferred by charter or Act of the legislature, dominion or provincial. A by-law dififers from a resolution in the respect that the latter applies to a single act of the corporation, while the former is a permanent and continuing rule of action for all occasions when business of the company has to be transacted. Every by-law or code of regulations, like a public or private statute, has a preamble declaring that it is expedient to make certain regulations for regulating the affairs of the corporate body, and setting forth the authority of the charter or statute under which the company acts. Then follow the enacting clauses or sections setting forth in clear and definite terms the regulations governing the company. These regulations should be drafted by the legal adviser of the company, and provide, as a rule, for the following objects : The holding of directors' and shareholders' meetings, ordinary and extra- ordinary, at such times as may be deemed necessary. Management of the affairs of the company by a certain number of di"rectors duly qualified. The election of president or vice-president and other necessary officers, and their tenure of office, fitting up offices, salaries, etc. 110 CORPORATE COMPANIES. Record of proceedings of directors and shareholders. Corporate seal. The keeping of books and accounts. Decisions of questions at directors' meetings. Decision of questions by a certain number of shareholders, in person or proxy. The voting of shareholders for themselves or by proxy. Powers with respect to issue of stock. Calls upon stock. Forfeiture of shares. Transfer of shares. Appointment of solicitors and auditors. And such other matters as relate to the objects of the company, and for which statutory authority has been given. The following section on directors shows their powers under general statutes to make regulations. The regulations of every company should incorporate all the statutory enactments relating to by-laws. 8. Directors' Meetings. The shareholders of a joint stock company, at a general meeting of the same, duly convened by proper notice to each shareholder, elect the directors, whose business it is to manage the affairs of the company, under the Act or charter of incorporation. Until a permanent organization is effected and directors regularly elected at such a general meeting, the persons named in the chaiter or statute constituting the company, temporarily manage its affairs, but these provisional directors should lose no time in summoning a general meeting for the purpose stated. A person to act as director should be a honafide owner of stock absolutely in his own right and not in arrears in respect of any call thereon. Elections are yearly and by ballot as a rule. At the end of their term all the members retire, and if otherwise qualified are qualified for re-election. The directors elect the president, cne or more vice-presidents, manager and other officers required by the law and the regulations. Vacancies occurring in the board of directors are, as a rule in companies, unless the regulations DIRECTORS MEETINGS. Ill otherwise direct, filled for the unexpired remainder of the term by the board from among the qualified shareholders of the company. In the Quebec and Dominion general or companies' Acts, it is required that a majority of the directors reside in Canada. The Ontario Act is silent on this point. If the statutes under which the company is incorporated has no express provision in this respect, then the directors need not reside in Canada ex necessitate. The number of directors on a board vary — from not more than fifteen in the Dominion Act to not less than three in the Ontario Act — but nine or five appear to prevail in the majority of companies. They must act and vote as a board, and not separately. They cannot act or vote by proxy. A m'^jority of the board constitutes a quorum. A majority of a quorum, in the absence of express regulations to the contrary, even when a minority of the whole board, bind the board and company, provided, of course, their action is in accordance with the legal powers granted to the company. It is usual, however, in the regulations to fix the quorum with reference to the number of directors ; that is lo say, if there are five, three is the proper quorum ; if seven, four ; if nine, five. In most cases, the powers and duties of the board are delegated to a manager, director or secretary, and when such is the case, the reasons for having such a large board or quorum of the same are lessened in importance. But directors, under any circumstances, are bound to meet periodically under well framed regulations, and assume complete supervision over the affairs of the company. The general laws of the Dominion, Ontario and Quebec for the incorporation of public companies set forth the duties of directors. The regulations of directors, as a matter of course, vary con- siderably, according to the character and object of the company. As an example of regulations, the following is given by Palmer {d)\ (d) The Shareholders' and Directors' and Voluntary Liquidators' Legal Com- panion, a Manual of Every Day Law and Practice, etc., 13th ed. p. 29. In addition to this useful little work, the xoUowing authorities have been frequently consulted by the present writer : Palner's Company Precedents, 5th ed.; Buckley on •' The Companies' Acts," 6th ed.-, Warde's Shareholders' and Directors' Manual, 6th ed., Toronto, 1892. 112 CORPORATE COMPANIES. I. A board meeting shall be held every day at o'clock. Such meetings shall be called ordinary board meetings. Other meetings shall be called special. 2. Every meeting shall be held at the registered office of the company. 3. Any director may, and upon the requisition of any director, the secretary shall convene a special meeting ; not less than hours' notice shall be given thereof to each director. Every such notice shall be given in the following form {give form) and state the time fixed for the meeting. 4. The quorum of an ordinary meeting shall be directors, and of a special meeting directors. 5. If all the directors are at anytime present at anyone place they may constitute themselves a board meeting for the transaction of business. 6. The common seal shall be placed in the custody of the president or chairman, or in that of the secretary or manager, and shall be kept in a box with two locks, whereof each of said officers shall have one key. 7. The common seal shall not be affixed to any document, except in pursuance of a resolution foi a board, and the sealing shall be attested by two directors and countersigned by the secretary. The regulations for board meetings should be formally adopted, on motion made, seconded and put, and finally entered with the resolution of adoption in the minute book of the board. "When a board has met in accordance with the regulations at the fixed time and place, the members present shall enter their names, and the regular chairman, or in his absence another member called to preside 'pro hac vice, will take care that a quorum is present (see above, p. Ill) ; and if that be the case he will call upon the secretary to read the minutes of the last meeting (see Mou', p. 125, for form of minutes). When these have been corrected, whenever necessary, confirmed by the meeting and signed by the chairman, the latter will direct attention to the business that is to be considered. All well conducted societies will have an order of business, or agenda, as it is called, which should be always entered on the left band page of the minute book and on the opposite page the chairman will note the determination of the meeting on each proceeding. Each item of business, as a rule, should be taken up in order. All matters of importance should be disposed of by directors' meetings. 113 resolutions duly made and put to the meeting by the chair. If it is found expedient to give priority to a particular item, some member should so move, but if there is one dissentient voice the order of busineen cannot be disturbed (see parliamentary rule, above, p. 30). In a business meeting of this kind the chairman gives explanations when necessary, and otherwise directs the proceedings. The secretary should keep a record of all the pro- ceedings, and, as well as the chairman {e), initial the original resolutions when formally adopted, so that they may, at a future time, identify them. Frequently the original resolutions are pasted in the minute book, when written legibly; but the preferable course is for the secretary always to record each proceeding with, bis own hand. The regulations, generally, empower the directors to appoint select committees of two or more members to consider special subjects. Such committees should have their quorum fixed, and be bound strictly by their order of reference (see above, p. 48). The following agenda, 05 order of business, is given from the best authorities on such subjects as a suggestion, which will, of course, be varied according to circumstances : I. First meeting for organization. — To elect chairman. To appoint a secretary. To approve and adopt a common seal. To appoint solicitor, banker, auditors and other necessary officers. To instruct a committee of two to frame regulations with aid of solicitor (/) and report at next meeting. {e) In many companies in Canada, Mr. Richard White of Montreal informs me. the chairman generally initials such documents. From my experience of all classes of meetings, I think it is well if both chairman and secretary should do so, I Imve in thid, as in every other part of this work, endeavoured to lay down sound rules of practice and not the varying and too often irregular methods that prevail generally in the Dominion. (/) Palmer says (Legal Companion, p. (56) very properly : " Frequent questious of law arise in the management of a company, and as they have often to be answered at a moment's notice, the solicitor should be kept generally informed as B.M.P.— 8 114 CORPORATE COMPANIES. To consider and approve prospectus. To consider renting of permanent premises. To consider applications for shares. And other business that may come up in connection with organizations. 2. Second meeting:. — Signing of attendance book by members present. Reading and confirmation of minutes of previous meeting (g). Report of committee on regulations and consideration thereof (A). To consider and make final arrangements for permanent offices. To authorize signing of cheques. And such other business as the chairman and secretary may find it necessary to submit to the meeting. 3. Third meeting. — Signing of attendance book by members present. Reading and confirmation of minutes of last meeting. To produce banker's book showing a balance of $ . To report that since the last meeting the following cheques have been drawn, etc. To sign cheques as follows, namely : to for legal expenses; to for books and stationery. To pass transfers numbered i to 25 and to authorize the secretary to register the same, and to issue new certificates in respect of the shares transferred. To read and consider letters from A. B. To receive report of committee appointed at last meeting for the purposes of, etc. To consider a proposal by C. D., as to, etc. To give directions as to calls in arrears. To consider and determine as to forfeitures of shares held by . to the company'H proceedings, and he will, of course be familiar with its re^^nlations. In some corapanies the solicitor is required to be present at all general meetings to gtate the law, if necessary. He will also attend at meetings of the board, when required." (g) See above, p. 11. (/)) For procedure on all reports of oommittees, see above, p. 60. i directors' meetings. 115 To authorize the affixing of seal to contract with , in terms approved of at last meeting. To appoint a committee to select new offices and to arrange, provi- sionally, terms for taking the same. To rerei' e report of solicitor, as to the company's claim against and to give directions. To receive auditor's report as to estimated profits of half year ending the of , and to consider and declare interim dividend. To consider and settle report to be made to the ordinary general meeting, and to fix the day for holding the meeting, and to approve notice convening the same, and to give directions for issue. The following legal principles have been laid down by the English courts and govern the proceedings of boards of public companies generally in this country : — Where there is a maximum and a minimum number fixed by the law or regulation, the directors cannot act if the number falls below the minimum (i), unless there is power expressl}' given to act notwithstanding the vacancies ( j). Where there is no quorum fixed by Act and no power is given to do so, the directors must act on the footing that to constitute a valid meeting all the directors must be summoned, and a majority must be present (^•). Commonly the directors determine to hold ordinary board meetings on a special day or days in each week, or month, and at a special place and hour, and, of course, notice of such determination renders it unnecessary to give further notice of such meeting. But notice must invariably be given of special meetings (0- A director, who is disqualified, cannot be counted in a quorum (m). But even when a quorum may, in fact, be present if they have not been duly summoned according to the law or (0 Alma Spinning Co., 16 Ch. D. 681. ij) Scotti$h Petroleum Co., 23 Ch. D. 413, 431, 435 ; Faure v. 2'hillipart, 58 L. T. 627. (*) Fort Tramwayg Co. v. Willowi, 8 Q. B. D. 685. [1) Palmer's Precedents, pp. 301-2. See regulations, above, p. 112. (m) lor* Tramwayi Co. v. Willoict, 8 Q. B.D.697 ; Palmer citing? other cases, 302. 116 CORPORATE COMPANIES. regulations, they do not form a properly constituted meeting capable of transacting business (n). If a director be excluded by his co-directors from a board, he has a personal right to compel them to admit him (o). The directors are entitled at their meetings to take their business in such order as they deem proper (p). A committee of the board need not consist of more than one person, when the directors have power to delegate their authority to committees consisting of such member or members as they think lit iq). The phrase " whenever they think fit " in a statute or the regulations, applied to the action of the directors, means prima facie when, at a board meeting, they so determine (r). 4. Shareholders' Meetings. Meetings of shareholders are of two classes : 1. Ordinary, held at regular or stated periods, as established by the letters patent, or by-laws of the company. 2. Extraordinary or special, called by notice to consider matters not foreseen or provided for at the ordinary general meetings. The Canadian Acts generally contain sections prescribing that the general meeting of shareholders shall be held within the limits of the jurisdiction from which the charter emanated, leaving it to the regulations of each company to prescribe the exact place at which they shall be held. Directors have power under the law as a rule to pass regulations providing for both ordinary and extraordinary meetings («). Great (n) Homer District Co., 39 Ch. D. 546. (o) Pnllbrook v. Richmond Co., 9 Ch. D. 610; Harben v. Phillips, 23 Ch. D. 14; Bainbridge v. Smith, 41 Ch. D. 462. ip) CawUy d' Co., 42 Ch. D. 209. [q) Taurine Co., 25 Ch. D. 118; Buckley, 510. (r) Browne v. La Trinidad Co., 87 Ch. D. 1 ; Palmer'a Precftdentg, 282. («) Bee Warde, p. 38, and Canadian Statutes cited, above, p. 108 n. shareholders' meetings. 117 care must be taken that the notice convening a meeting complies in form with the regulations, and that it is served on the members at the proper time in accordance with statute or regulations. If special business is to be or can be transacted at an ordinary meeting, the notice must state the exact nature of it, just as if the meeting were extraordinary and special ; or an extraordinary meeting may be held on the same day as an ordinary one, and the notice must set forth the time and place. The president, or in his absence the vice-president of a company, or the chairman of the board of directors, takes the chair as a rule, according to the regulations at the time fixed for the meeting. If the person entitled to preside is not present, a chairman will be elected by the meeting as at any public meeting (see above, p. 67). If no quorum is present then the chairman should adjourn the meeting which is consequently dissolved. If a quorum is present, in the opinion of the chairman, the chairman should read the notice convening the meeting, or the secretary may read it at the call of the chairman. Minutes of the previous meeting are next read by the secretary, corrected when necessary and confirmed. The chairman may saj' *' Shall I sign these minutes as correct ? " This will be agreed to as a matter of course (see above, p. 11 ; beloiv, p. 125, as to chair- man's signature). The business of the meeting should then be taken up in accord- ance with the notice, and with an agenda, prepared by the secretary, with the approval of the chairman of the board of directors. This agenda will be read to the meeting by the chairman. Every item of business will be taken up in due order, and discussed when duly submitted by the chair, on motions whenever necessary (see above, p. 11). Amendments may be made to any proposed resolution, as in parliament, but great care must be taken in the case of amendments to a proposed resolution of which special notice has been given. Where the notice is framed in general terms, amendments can as a rule be moved, but where the proposed resolution of which notice 118 CORPORATE COMPANIES. has been given is specific and definite, no amendment can be sub- mitted. In this latter case the meeting is bound strictly to the specitic terms of the notice. The proposed resolution must be simply affirmed or negatived. This definite form is sometimes chosen to get a direct vote on an important question of policy or management ; but in all other cases, it is more convenient to have the notice framed in some such general form as this : For the purpose of consideiing, and if thought fit, passing the subjoined proposed resolution, either with or without any modifications (/). Motions and amendments should be in writing except purely formal motions of business (see above, p. 12). The regulations should provide for motions, and the limitation of debate on each question (see above, p. 13). If the regulations do not require written amendments, it is a question whether a chairman can refuse to put an amendment submitted when unwritten. But members should as a rule write out all important motions. When the chairman is satisfied the meeting is ready for a decision on a motion, he will first take the voices, or a show of hands (see above, pp. 69, 70), or a poll may be taken according to the regulations of the company (see below, p. 131). When the business is concluded, it is usual for a vote of thanks to be passed to the officers of the previous year, should the meeting be one for the election of new officers ; and under all circumstances thanks should be given to the chairman for his conduct in the chair. The meeting is then formally adjourned. From the foregoing necessarily imperfect summary of the ordinary procedure at a general meeting, it will be seen that the following matters are of signal importance in the proceedings of a company : 1. Notice. 2. Chairman. 3. Quorum. [t) See Palmer's Leg. Comp. pp. 46, 47. All societies in proposing amend- ments to their charters or constitutions, of which notice is always given should carefully bear in mind the principles laid down in the text. shareholders' meetings. 119 4. Minutes. 5. Resolutions. 6. Books. 7. Poll or voting. All these matters are reviewed in their due order in the following pages. 5. Notice of Meetings. Every general meeting must be called by the directors in accordance with a notice issued in conformity with the law and the regulations passed by the company under the law. Under the Dominion Companies' Act, notice of the time and place for holding general meetings must be given at least twenty-one days previously thereto in some newspapr v published at, or near as may be to, the ofdce or chief place of business of the company. In Quebec the notice is ten days. In Ontario it is ten days, but it is added, " and also in the case of companies having a capital exceeding $3,000, either by publishing the bame in the Ontario Gazette, or by mailing the same as a registered letter, duly addressed to each shareholder at least ten days previous to such meeting." In Nova Scotia, the notice is the same as in the Dominion. In the other provinces, it is a matter of by-law under the general power given companies. by the provincial statutes incorporating them. In cases of special incorporation, it is also generally left to the regulations of the company. The regulations should always state the mode in which notices are to be served on the members. Where the service is personal or by letter a record should be kept by some officer of the company 60 that, if the service should be subsequently disputed, he may be able to refer to the record and testify accordingly. A postal book should be kept, and envelopes numbered and entered according as despatched by registered post. By the Dominion Act notices may be served either personally or by sending them through the post in registered letters, addressed to the shareholders at their places of abode as they appear on the books of the company. Such notice served by post on a shareholder shall be held to be 120 CORPORATE COMPANIES. served at the time when the regiatered letter containing it would be delivered in the ordinary course of mail ; and it is sufficient to prove that such letter was properly addressed and registered, and was put into the post office, and that adequate time had been given for its delivery in the ordinary course of things. Any notice may be signed by any director, manager or other authorized officer of the company and need not be under its seal. The notice of an ordinary meeting need only state place, day and hour at which the meeting will be held " for the purpose of transacting the ordinary business of the company" unless the regulations provide expressly for a precise statement of business. "When no sufficient notice is given by charter, or statute, or by-law, each stockholder is entitled to express personal notice of each corporate meeting. Notice is not required of an adjourned meeting (in the absence of an express rule to the contrary) as it is held to be the continua- tion of the original meeting, but it is not competent to transact any business save that which the original meeting left unfinished. New business, however, that is to say, business not entered upon at a general meeting can be entertained at an adjourned meeting, if due notice of the intention to propose such business be given, and the regulations do not provide to the contrary, and this practice is both expedient and convenient. Where the original meeting was duly convened, the stockholders are not entitled to any other notice of the adjourned meeting than that which is implied in the adjournment (m). It must be always borne in mind, however, that special business cannot be taken up in the absence of due notice of its general nature, and of any provibion for the same in the regulations. There is at common law a right of adjournment of a public meeting and it lies in the chairman aemble (r). But where notice of an adjourned meeting is necessary under the law or regulations, it has been held that, when business had (u) Wills V. Murray, 4 Ex. 843. (v) Reg. V. D'Oyly, 4 Perry & Davidson, 52 ; Buckley, 483. NOTICES OF MEETINGS. 121 been begun and not completed at the meeting, from which the adjournment took place, the notice of the adjourned meeting need not state the purpose for whi^h it was summoned (ic). The days of notice required by the law or regulation, it is conceived, must be calculated from midnight to midnight (x). Neither the day of service nor the day of meeting will, therefore, form part of the twenty-one or ten days previously mentioned (see above, p. 119). Where an extraordinary meeting is called for the transaction of business of which notice is necessary, the notice must give substantial information as to that which is proposed to be done ; for otherwise a resolution passed upon insufficient notice may be altogether invalid (y). And when a resolution passed at an extraordinary meeting is for the want of proper notice invalid, a confirmation at the annual general meeting will not render it valid (z). Notice of a meeting summoned " on special business " is not sufficient notice of an extraordinary meeting (a). Notices, however, are not to be construed with excessive strict- ness, or mere technicalities introduced into their construction, provided they give the shareholders proper notice of the substance of that which is proposed to be done {h). If a meeting cannot be otherwise summoned at all, or if the object is a special one, the court might call a meeting (c). And so the court may control the directors as to the date at which a meeting shall be summoned, if it be shown they are executing their discretion improperly (d). (w) Scadding v. Lorant, 3 H. L. C. 418. (jr) Lawford v. Davies, 4 P. D. 61 ; Buckley, 481. (y) Garden dully Co. v. McLinter, 1 Ap. Caa. 39 ; Buckley. 481. (z) Laices'n Case, 1 D. M. & G. 421. (a) Wills V. Murray, 4 Ex. 843. (b) Wright's Case. 12 Eq. 335 n., 345 n.; Buckley, 185. (c) Atwool V. Merryweather, 5 Eq. 404 /<.; Buckley, 480, notes d and e for other cases. (d) Cannon v. Trask, 20 Eq. 6(39. 122 CORPORATE COMPANIES. But it must be a very strong case indeed which will justify the court in restraining a meeting of shareholders (e). 6. Quorum. It depends, as a rule, on the regulations or by-laws. In some cases a definite or fixed number of the shareholders constitutes the quorum, or it may be a specified number who hold a certain number of shares or a certain amount of capital. Under the Dominion, Ontario, Quebec and Nova Scotia Companies' Acts — and in the majority uf special Acts of incorporation — powers axe given to the directors to make by-laws for a quorum of all meetings. The register of members and stock book of a company should be alvavs accessible to the chairman and secretary at a general meeiing, ordinary, or special, in case a question arises as to a quorum. 7. Minutes. As a matter not merely of correct business, but of legal necessity also, it is incumbent upon every company to have minutes kept of all their proceedings and resolutions passed at general meetings (ordinary and extraordinary) of shareholders as well as at meetings of directors. These minutes must be written by the proper officer — the secretary of the meeting or company as a rule — in a book kept for that purpose. The regulations should so provide for the keeping of those minute books, and on this point reference is made to the judicious rules of the Presbyterian courts (see Fourth Part, III. of this work). The secretary makes minutes of each proceeding as the meeting goes on. He must be guided by the directions of the chair in each case, and not by those of any member. When a resolution is passed, he should initial (/) and number it so that it may be easily identified at any future time. Every resolution accordingly should be in writing before put from the chair (see abot>e p. 30). (e) Me of Wight R. R. Co. v, Tahourdin, 25 Ch. D. 320 ; Harben v. Philips, 23 Ch. D. 14; Buckley, 481. (/) See above, p. 113, as to the chairman also initialling. MINUTES. J 2.i The secretary should write it out in full in his record of proceedings, when he comes to transcribe his notes in the proper book ((/). As a rule, separate books should be kept for shareholders' and directors' meetings. The books of directors being essentially private or confidential should be only open to the inspection of directors and secretary as a rule. The shareholders should, however, have always access to the books containing the minutes of their proceedings. In fact they are so open necessarily from the fact that the minutes must be confirmed at a general meeting, and may be called into question before confirmation (h). The English authority from whom I have quoted so frequently gives the following excellent forms of minutes for companies' meetings, etc. The fourth ordinary meeting of the company, limited, held the day of , (at the registered ofifice of the company) at o'clock. Mr. in the chair. The notice convening the meeting was read by the secretary. The minutes of the general meeting of the company, held the th ultimo, were read by the secretary and signed by the chairman. It was resolved unanimously that the report of the directors and the accounts annexed thereto be taken as read. Upon motion of the chairman, seconded by Mr. , it was resolved unanimously (or nem. con. as the case may be). That the report of the directors and the accounts annexed therelo be and the same are hereby adopted. Upon, etc., it was resolved that a dividend, etc. Upon the motion, etc., it was resolved that Mr. be and he is hereby elected a director in the place of Mr. Upon, etc. [vote of thanks]. A. B., Chairman. If an amendment be moved the minutes will run thus : It was moved by the chairman and seconded by Mr. , that, etc. {(j) The attention of secretaries and clerks of all municipal councils, asBemblies and societies is directed to the foregoing rule for keeping minutes as practically embodying the usages of parliament. (A) Palmer's Legal Companion, pp. 74, 75. 124 CORPORATE COMPANIES. An amendment was thereupon moved by Mr. , and seconded by Mr. [here set it out, e.^^.], "That the report be received, but not adopted, and that a committee of five shareholders be appointed with power to add to their number, to inquire into the formation and past management of the company, and with power to call for books and documents, and to obtain such legal and professional assistance as may be necessary, such committee to report to a meeting to be called for day, the th of /* The amendment was put to the meeting and negatived. The original question was then put to the meeting and declared by the chairman to be carried. Extraordinary General Meeting of The Company Limited, held the th day of , at, etc. Mr. in the chair. The notice convening the meeting was read by the secretary. The minutes of, etc. Upon the motion of the chairman, seconded by Mr. , It was resolved unanimously that the capital of the company be increased to $ , by the creation of new shares of S each. A resolution moved by Mr. , seconded by Mr. , That, etc., was negatived. Mr. moved, That, etc. Mr. seconded this motion. A show of hands having been called for, the chairman declared that hands were held up in favour of, and against the resolution, and that the motion was consequently carried [or lost, as the case may be]. A poll was then demanded and taken, the numbers being as follows : For the motion, 128 votes ; against the motion, 72 votes. [The minutes may distinguish the number of personal votes and of votes by proxy. The i.cruti- neer's report (if any) will be entered]. The chairman then declared that the resolution was carried. MINUTES. 125 I The minutes of a meeting of the directors will be as follows: At a meeting of the directors held the th day of at, etc. Present, Mr. , chairman of the board ; Mr. , and Mr. , The minutes of the meeting of the th were read and signed. Upon the motion, etc., it was resolved, etc. A draft contract between, etc., having been read, the chairman was directed to affix the seal of the company to the engrossment thereof. The secretary was directed to, etc. A letter from, etc., addressed to the secretary having been read, and the board being of opinion, etc., the secretary was directed to reply, etc., and the manager was desired to, etc. The minutes of a meeting should be read at the next meeting, when it is not possible to do so at the same, — and that can hardly often happen in the nature of things, — and when corrected and confirmed should be signed by the chairman. Sir Reginald Pal- grave (i) says that " the signature of a chairman to the minutes is only necessary when such minutes are under statute, thereby rendered legal evidence. His signature is not otherwise essential to the confirmation of the minutes if an entry of the confirmation is duly minuted." But it is advisable to have the chairman of a public company, exercising legal rights and responsibilities, sign the minutes, unless the regulations otherwise provide. The original papers, like resolutions, reports of committees, directors' reports, etc., which have been considered and acted upon at a meeting, should be always accessible when the record of proceedings is read at a meeting, in case its correctness is doubted and verification is necessary. Especially is this essential when neither the chairman of the meeting nor other member is present at that where the minutes are considered. The remarks made elsewhere that no debate can be allowed on a proceeding or amendment proposed which is not a necessary correction of an inaccuracy, apply with full force to the minutes of public companies (see abocef p. 11). (0 Chairman's Hand-book, p. 24. 126 CORPORATE COMPANIES. 8. Chairman. The chairman of a general meeting is, as a rule, the president, elected by the directors. The Dominion and Quebec Acts also expressly provide for the election of a vice-president, who may act in the absence of the regular chairman. It would be well if the regulations of all companies have a rule to provide : If the president {or vice president), or the chairman of the board of directors is not present to take the chair at any general or other meeting of the company, it will be competent for the members present, within fifteen minutes after the time appointed for holding the meeting, to choose some one of their number to preside thereat. The tenure of office of chairman of boards or other corporate boards is regulated by law and custom. He is specially charged with the duty of considering the legal effect of notice, when such is required by law or regulation, and the regularity of motions aud amendments thereto. But both legislature and judiciary protect them while according them full responsibility in their position. Accordingly the decision of a majority of a duly constituted meeting will be upheld, although attended by technical infor- malities, provided that such irregularity has arisen through mistake or inadvertence, is unmarked by fraud, and causes uo individual wrong. The chairman has prima facie an authority to decide all questions which arise at a meeting and which necessarily require decision at the time, and the entry by the chairman in the minute book of the result of a poll, or of his decision on a matter of pro- cedure, is prima facie evidence of that result, and of the correctness of that decision {j). Legal protection is afforded to the chairman of shareholders' meetings as regards the mode by which he obtained the decision of the meeting, establishing that, unless a poll is demanded, his declaration that a resolution has been carried shall be deemed conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. The principle thus established may be extended ( j) Indian Zoedone Co. 26 Ch. D. 70. RESOLUTIONS. 127 to that very customary usage under which a chairman, assured that the meeting comprehends the proceeding and consents thereto, declares that a motion springing from the ordinary course of business is agreed to without formally putting the question thereon to the vote {k). It has been decided in the English courts that if a chairman improperly refuse to put an amendment, the resolution, if passed, is not binding (0- 9. Resolutions. The regulations of a company generally provide that divers acts shall be done by the company in general meeting. The company expresses its will by its consent given by a resolution of the members present in person or by proxy, where proxies are allowed at a general meeting of the company. Whether the meeting should be an ordinary or an extraordinary one must depend on the nature of the business and the regulations. Notice muRt be given of special resolutions (see above, p. 120), and it must be duly submitted by the chairman to the decision of the meeting when debate thereon is closed as in the caje of all motions in all public assemblies (see above, p. 12). A resolution which for want of sufficient notice is invalid cannot be ratified by a subsequent general meeting for the powers of the latter are limited to acts within the laws or regulations (m). 10. Books. Palmer gives the following books as necessary for the correct transaction of the business of every company : — 1. Register of members, p. 8o. 2. The share ledger, App. Form 23. 3. Register of documents, containmg particulars of all documents not recorded in other books. (*) Palgrave, p. 47. (0 Htnderton v. Bank of Auttralaiia, 62 L. T. 869, and on App. 6 Times L. R. 424, Buckley, 186. (m) LaweB'i Caie, 1 D. M. & G. 42L 128 CORPORATE COMPANIES. 4. The certificate book containing forms of certificates of title, p. 5. 5. Transfer register. 6. Transfer certificate book, p. 13. 7. Minute books of general meetings [see aboi>e^ p. 123]. 8. Directors' minute book [see above, p. 123J. 9. Directors' attendance book. 10. Seal book. 11. Postal book. 12. Register of mortgages, p. 34. Full particulars of these several books will be found in the same authority. The Dominion, Ontario and Quebec Companies' Acts provide that the books kept by the secretary or some other officer, specially charged with that duty, shall duly record : "A copy of the letters patent incorporatmg the company, and of any supplementary lettars patent issued to the company, and of all by-laws thereof; the names, alphabetically arranged, of all persons who are and have been shareholders ; the address and calling of every such person while such share- holder. " The number of shares of stock held by each shareholder. " The amounts paid in and remaining unpaid, respectively on the stock of each shareholder ; all transfer of stock, in their order as presented to the company for entry, with the date and other particulars of each transfer, and the date of the entry thereof: and the names, addresses, and calling of all persons who are or have been directors of the company with the several dates at which each person became or ceased to be such director." 11. Voting. The regulations of every company should contain provisions relative to the voting at shareholders' meetings. The general rule, laid down in the Companies' Acts of the Dominion c,nd the Provinces, is that each shareholder is entitled to as many votes as be owns shares, but he must have paid all calls and not be in arrears thereon. 8hareholders may also vote by proxy, according to the universal practice of joint stock companies, though no such right exists by common law. But should the law or the regulations fail to authorize voting by proxy, votes must be given personally. A VOTING. 129 lunatic or idiot, under the English law or urticles, may vote by his guardian or trustee, and the same is the case with minors as a rule. But it has been laid down that if one or more persons are entitled to a share or shares the member whose name stands first on the register of members as one of the holders of such shares shall be entitled to vote in respect of same. A person is generally, by the Companies' Acts, entitled to vote on shares held by him in trust, and aemhle even where he is a trustee for the company itself, if his name appears on the register as the holder of such shares in trust («)• The company have no right to enquire into the beneficial ownership or to reject votes on the ground that a member is by the regulations restricted to so many votes altogether, and that other registered shareholders who vote are really nominees of his, and that he is thus exceeding the limited number (o). A share- holder is entitled to increase his voting power by transfers to nominees (p). Regulations generally provide for a show of hands, but if there is no such provision then the voices may be taken as in parliament. A vote by show of hands is obtained by challenging the chairman's opinion regarding the voices of the meeting. He will then direct that the vote be so taken. Tellers will be appointed, one for the yeas and one for the nays from the respective party or side on which each declared himself by his voice in the first instance. Tlie vote is taken as in all such cases (see above, p. 69.) By common right a chairman has no casting vote if the number of votes is equal. The law or the regulations, however, generally provide that the chairman of companies and boards is empowered to vote as an ordinary member, and then to give as chairman a second or casting vote in case of an equality of votes (7). The chairman must give his vote while the vote of the other members (n) Warde, pp. 39, 40. (0) Pe*ider v. Lu$hington, 6 Ch. D. 70. (p) Stranton Iron Co., 16 Eq. 569, Palrner'a Precedents, 287. (q) This is generally done in union, labour and other organizations. B.M.P— 9 130 CORPORATE COMPANIES. is being taken— first, generally, and before the tendency of the votes is visible. "It would therefore be a grave irregularity if a chairman reserved his votes and gave, if the number proved uneven, i.e., 7 yeas to 6 nays, first to the noes his vote as member, and then his casting vote as chairman " (r). It is best for the chairman always to declare the number of hands for or against a motion, though he is not bound to do so unless the regulations or rules so provide. In a show of hands a chairman will look to the number of hands only, and not take into account the votes which the owner of each represents in person or as proxy. A shareholder is entitled to vote as he pleases and to consult bis own interest provided his vote be hona fide and not contrary to public policy (s), and in the absence of anything in the articles or regulations to the contrary he is not debarred from voting on a question in which he is personally interested (t), and his vote, if not impeachable for fraud, may in fact determine the matter in his own favour by turning the scale («). It is observed by a high authority that "in the case of a meeting charged with a legal duty to pass a resolution or to perform an act, the members who abstain from voting are held, by their presence during the vote, to be acquiescent in the decision of the majority, and to impart validity to the proceeding if their votes, had they been given, were essential thereto. So also when to pass a valid resolution, a meeting required the votes of the majority of those present, or is subjected as regards its mode of voting to any special provision, members who abstain from voting when a question is put from the chair may, by their presence, render inoperative the transaction in which they refrained to join. And to prevent such misadventure, a rule (c) is in common use which (r) Palgrave, p. 17. (») Elliott V. Richardson, L. R. 56 ; Buckley, 484. (t) London dt Mercantile Discount Co., 1 Eq. 277 ; Buckley, 484, 485. (m) N. W. Tramp. Co. v. Beatty, 12 App. Cas. 589, 593. (v) Palgrave, p. 40. VOTING. 131 provides that every question shall be decided by a majority of the votes of the members present, * and voting on that question.' " As a general rule, however, no liability arises from the neutrality of members of a meeting, called for the purpose of discussion, or of shareholders' meetings, as the vote of a share- holder is not a trust, but a proprietary right, subordinate to the owner's freedom of will. A shareholder is entitled if he pleases, to execute his proprietary right in a manner entirely adverse to what others may think the interests of the company as a whole, and from motives or promptings of what he considers his own individual interest {w). But even the shareholder's freedom of vote is limited by this ; that he must use his power consistently with the consti- tution of the corporation whose affairs he is entitled to control. So that if the majority affirm a proposition which is ultra vires the minority are not bound (x). When a show of hands has been taken, or, at any time, according to the regulations, a poll may be taken. By ** poll " is meant that mode of voting by which each voter, by his personal act either orally or in writing, delivers his vote to an appointed officer. This method of voting is accordingly the regular and common law mode of taking the vote of a meeting, entrusted with legal responsibilities. A poll, therefore, unless for- bidden by the clear words of a statute, or by the regulations, may be demanded on any question put to such meeting, as of right. But the chairman (y) is not bound to grant a poll unless it is demanded in accordance with the regulations. Any qualitied person under the common law may demand a poll (^). But a proxy authorizing a person to vote does not authorize him to demand a poll (a). When it is known that the persons demanding (tr) Pender v. L uhington, 6 Ch. D. 70. {x) Menier v. Hooper's Telegraph Co., 9 Ch. D. 350; Buckley, 485. ((/) "In the absence of regulations to the contrary the chairman is the person to grant a poll." Reg. v. Iledget, 12 A. & E. 159 ; Palmer's Precedents, 28(5. (:) Reg. v. Wimbledon Local Board, 8 Q. B. D. 459 ; Buckley, 484, citing other cases. (a) Haven Qold Mining Company, 20 Ch. D. 156, 157 ; Buckley, 488. 132 CORPORATE COMPANIES. a poll are duly qualified, the chairman will read out the C mand, and state that he grants the same and fix the time where and when the poll will be taken, and if necessary the meeting will be adjourned. The question sometimes arises whether a poll can be taken at once ; that is, without an adjournment. This depends on the regulations. If they give express authority, as well framed regulations do, to take the poll '* either at once or after an adjournment," the poll can be taken accordingly, and even if there is no such authority ; that is, if it is to be taken " in such manner as the chairman directs," it has been ruled in the English courts that where voting by proxy is allowed the poll may be taken at once (h). Not unfrequently it is convenient, if the regulations allow, to take the poll at once, but this is not always practicable in the case of companies with a numerous list of voters. Indeed it should be always borne in mind that a poll i? an appeal to the whole con- stituency and is taken in order lo ascertain the sense of the general body of persons qualified to vote, and to give others besides those who are present when the poll is demanded power to come in and exercise their right of voting, and in order to ascertain whether the voters have the qualification which is required in order to entitle them to exercise the privilege of voting (c). Unless the regulations otherwise require, a poll need not be demanded publicly ; it is sufficient if the chairman acts on a private demand (d). Where the regulations give power to adjourn *' with the consent of the meeting," the chairman cannot adjourn to take even a poll without that consent. When a poll has been granted, the chairman will fix it by providing : '* The poll on [state question] will be taken on next, the th inst. [or proximo] between the hours of and , at the regular office of the company," or '* here as soon as the other business of this meeting has been transacted." (6) Chillington Iron Co. 29 Ch. D. 159 ; Buckley, 483, 484. (c) Per Cotton, L.J., Reg v. Wimbledon, 46 L. T. 47. (d) Re Phanix Co., 48 L. T. 260. VOTING. 133 In case of a large company with many shareholders, one or more scrutineers may be appointed to compute the votes at a poll, and report to the chairman. The meeting can appoint scrutineers (e), even if the regulations do not provide for a scrutiny. Very commonly they are appointed by the chairman with the assent of the meeting (/). Sometimes in small companies the chairman acts as scrutineer (g). The following tabular form is generally provided as a con- venient way of recording the poll in accordance with the regulations : Names of Number of Shares. Number of Votes. . Observations. Votes Given. Members. For. Against. At the time appointed for taking the poll, the members who vote personally will come up to the voting table and write their names on sheets of paper marked " for " or '* against " the motion as the case may be. A member voting as proxy for another will write down his own name and also that of the person whose proxy he is, that is " John Smith, by W. Jones his proxy." The following is a form of proxy : (e) Wandsworth Co. v, Wright, 22 L. T. 404. it) Palmer's Precedents, 286. (p) Ibid. 134 CORPORATE COMPANIES. PROXY. The Toronto Steel Company, Limited. I, John Smith, of the City of Halifax, in the province of Nova Scotia, in the Dominion of Canada, being a holder of two hundred shares of the said company, do hereby appoint and authorize Philip Thompson, of the city of Toronto, Esquire, to vote for me, and on my behalf at the ordinary [or extraordinary, as the case may be] general meeting of the said company, to be held on the 19th day of May next, in the year of our Lord one thousand eight hundred and ninety three, and at any adjournment of the said meeting that may be held within the present year. Witness my hand and seal this fourteenth day of April, one thousand eight hundred and ninety-three. Signed in presence of John Sharpe, re n Tr^Tri^T c.-^w, •' ^ Ir [Seal] John Smith. Halifax. Sometimes it is arranged that a member signing his own name shall be deemed to vote for himself and for all those whose proxy he is. The question who is to vote upon a certain share of stock is, as a general rule, answered by reference to the corporate transfer book. In fact, all the books relating to the shares should be at hand in case of the right of members to vote being questioned. Where a member proposes to vote on a poll as proxy, it should be ascertained : — 1. That the shareholder appointing him has a right to vote. 2. That the proxy himself is qualified to act. 3. That the instrument appointing him is in proper form, and deposited in due time. 4. That notice of revocation has not been given. A shareholder may revoke the appointment of a proxy at any time, but a vote given by the proxy before the revocation reaches the company will be valid. In case of a revocation the shareholder ought before the meeting to write to the company, giving notice of the revocation. If in attendance he can hand a revocation to the chairman. If the proxy has the words, ** in my absence to attend and vote," personal aiiiendance revokes the instrument. VOTING. OO If a vote is found invalid by reason of arrears in calls and so forth, the chairman or scrutineer will reject the same and state the cause in the column of the form devoted to observations. The chairman may also vote on his shares as any other member, though he may have the casting vote by law in case of a tie besides. A voter may vote at the poll even though not present when the poll was demanded {h). The votes having all been taken, the chairman or scrutineers will enter them in the list of votes, in the column " for" or " against" as the case may be. When the poll is finally closed, the scrutineers should make a report in writing of the result to the chairman. The latter will then state the result to the meeting, or adjourn the meeting as may be decided, and declare the motion has been carried or negatived. When a poll has been demanded and taken the show of hands goes for nothing, and the decision of the meeting depends upon the result of the poll (i), and in contemplation of law the meeting continues until the poll has been fully taken (;'). If the poll is not completed on the day on which it is commenced it must be continued subsequently for the chairman is not entitled to close the poll whilst votes are coming in (k) ; to shut out and exclude a voter may invalidate a poll (l) ; but the chairman is not bound to wait for hours to see if votes may come in (m). Nevertheless the chairman may direct the continuation of the poll at a subsequent period in order to give an opportunity to other voters to come in (n). To appoint a subsequent day for the taking or completion of the poll is not an adjournment of the meeting, although it in effect (h) Campbell v. Maund, 5 A. & E. 865 ; Palmer's Precedents, 286. (t) Anthony v. Seger, 1 Hag. Cas. Consis. 913 ; Palmer's Precedents, 286. { j) Reg. V. Wimbledon, 30 W. R. 402, and 46 L. T. 47 ; Palmer's Precedents, 286. {k) Reg. v. St. Pancrat, 11 Ad. & E. 15; Reg. v. Graham,d W. R. 738 ; Palmer's Precedents, 286. (0 Reg. V. Lambeth, 8 Ad. <& E. 356. (m) Ibid. (n) Palmer's Precedents, 286. 136 CORPORATE COMPANIES. continues the meeting (o), but it is usual to adjourn the meeting to hear the result. Sometimes there is no formal adjournment, but it is arranged that notice of the result shall be given, and to this the authorities say there would not seem to be any legal objection (p). If the meeting is adjourned to hear the result of a poll, the chairman will, at the adjourned meeting, state the result. Unless some provision to the contrary is found in the charter or other instrument by which the company is incorporated, the resolution of a majority of the shareholders duly convened upon any question with which the company is legally competent to deal is binding upon the minority, and consequently upon the company (q). A majority of the votes passed at a poll on an election or a particular question decides the result. This majority need not be an actual numerical majority of all the votes which all the stock- holders have, but only the majority of the votes cast. In the case of a ballot — as required by the Dominion, Ontario and Quebec Companies' Acts for the election of directors — the ballot papers should be prepared beforehand by the secretary, or chairman, or scrutineers, so that there will be one vote for every share of stock owned by a shareholder. The back of each paper should be initialled by the secretary or scrutineers or chairman, as it maybe arranged, to prevent fraud, and the ballot taken as in all similar cases. (See above, pp. 76, 77). All the usual precautions should be taken, (as set forth above, pp. 134, 135,) that the voter has a right to vote. When he offers his vote, reference should be made to the proper list and his name duly checked against his shares. The ballots should be counted only when the vote is concluded ; but no attempt should be made to record a member's vote when he deposits it as in the case of an ordinary poll (see above, p. 133), as the meaning and object of a ballot is secrecy. (o) Rfg. V. Cliester, 1 Ad. & E. 342 ; Reg. v. Wimbledon, ubi supra, (p) Palmer's Precedents, 286. (q) N. W. Transp. Co. v. Beatty, 12 App. Cas. 589, 593 : cf. Farrar v. Farrart, Ltd., 40 Ch. D. 395 ; Buckley, 486. FOURTH PART. L— SYNODS OF THE CHURCH OF ENGLAND IN CANADA. II.— CONFERENCES OF THE METHODIST CHURCH. m.— CHURCH COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. IV.— CONVENTIONS OF THE BAPTIST CHURCH, AND OTHER RELIGIOUS BODIES. PRELIMIXARY OBSERVATIONS. 139 I.— SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 3. 4. 6. 7. 1. Preliminary observations, p. 139. 2. Coiuft tuition of the general synod, p. 140. Provincial nynods, p. 143. Constitution of the provincial synod of Canada, p. 144. General and provincial synods : per- manent order of proceedings of the tico houses, p. 145. General and provincial synods : rela- tion between the houses, p. 146. General and provincial synods : rulet of order and procedure, p. 149. 8. Prorogation of the general synod, p. 158. 9. Prorogation of the provincial synod, p. 159. 10. Enactment of canons, p. 159. 11. Rules of order and procedure of the diocesan synods of the ecclesiastical province of Canada, p. 160. (2) Time of meeting, p. 160. (2) Presiding officer, p. 161. (3) Quorum, p. 162. (4) Prayer, p. 162. (5) Call of roll, p. 163. (6) Secretaries, p. 163. (7) Treasurer and auditors, p. 164. {8) Order of business, p. 165. {9) BisJiop's address, p. 168. (10) Notices of motions, p. 168. {11) Motions, p. 170. (12) Amendments, p. 171. (13) A question once decided, p. 171. (14) Divisionof a question, p. 172. (15) Dilatory or subsidiary mo- tions, p. 172. (16) Previous question, p. 174. (17) Debate, p. 174. (18) Questions of order, p. 175. (19) Divisions on questions, p. 176. (20) Votes by ballot, p. 178. (21) Petitions and memorials, p. 179. (22) Committee of the whole, p. 180. (23) Standing and special com- mittees, p. 181. (24) Close of proceedings, p. 191. (25) Unprovided cases, p. 191. (26) Concurrence of bishop and two orders in every act and resolution, p. 191. (27) Changes in the constitution, p. 191. (28) Suspension of rules, p, 192. 1. Preliminary Observations. I come now to refer to the procedure of that very important class of meetings which are held at stated times to discuss matters 140 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. affecting the interests of various religious denominations. These meetings are called synods, church courts, assemblies, or confer- ences, according to the phraseology sanctioned by the law and usage of the religious communities of Canada. These several bodies derive their authority to hold and sell property, enforce discipline in their churches, and manage their affairs generally by virtue of various Acts of the legislatures of Canada. These various Acts constitute the several synods and conferences of the pro- vinces, so many bodies corporate, or in other words, so many corporate entities, having all the rights that the common or statutory law gives such associations. In the present treatise it is proposed to give a brief review of the procedure in the synods, assemblies and conferences of the three principal protestant denominations of Canada, viz., the Church of England, the Presbyterians, and the Methodists, as sufficient for all purposes. 2. Constitution of the General Synod. The Church of England in Canada has established the following representative bodies for the management of its affairs within its several ecclesiastical divisions : A General Synod. Provincial Synods. Diocesan Synods. The general synod has the power " to deal with all matters affecting in any way the general interests and well-being of the church within its jurisdiction.** It has no authority, however, " to withdraw from a provincial synod the right of passing upou any subject falling within its jurisdiction at the time of the for- mation of the general synod." (See "Basis of Constitution" for objects of general synod.) The general synod, as constituted (a) in September, 1893, in the city of Toronto, consists of the bishops, and delegates chosen from (a) The writer is indebted to the thoughtful consideration of Rev. Canon Spencer and J. A. Worrell, Esq., Q.C., clerical and lay secretaries of the lower house, for an advance copy of the constitution and rules of the general synod. CONSTITUTION OF THE GENERAL SYNOD. 141 the clergy and laity of the twenty dioceses of the Dominion. It consists of two houses ; the bishops composing the upper, and the clergy and laity together the lower house. The two houses sit separately, but when they decide to sit together, " each house shall vote separately." The president of the synod is named the primate of all Canada, the metropolitan of his own province, and the archbisliop of the see over which he presides. He is elected by the members of the upper house from among the metropolitans or bishops not in any ecclesiastical province, holds office for life, or as long as he is bishop of any diocese of the general synod, but he can resign at anytime. In this latter event a successor can be elected by the house of bishops. The delegates are chosen by the several diocesan synods according to such rules as they may adopt, or, in a diocese which has no synodical organization, they may be appointed by the bishop. The representation is as follows : Dioceses having fewer than twenty-five licensed clergymen, one delegate from each order ; dioceses having twenty-five and fewer than fifty licensed clergy- men, two of each order ; dioceses having fifty, and fewer than one hundred, three of each order ; dioceses having one hundred licensed clergymen and upwards, four of each order. Delegates must be resident in the diocese from which they are elected or appointed, "provided, that until circumstances permit of its being otherwise ordered by the general synod, the bishops of the dioceses of Moosonee, Selkirk, Caledonia, Mackenzie River, and Athabasca, and such other dioceses as may be formed out of them, be permitted to appoint non-resident delegates to the provincial synods, provided only that such delegates be resident within the bounds of the ecclesiastical province of Rupert's Land, or of the civil province of British Columbia respectively, and that until IH9Q those dioceses may be represented by delegates from any dioceses whatsoever." The chairman of the lower house is named prolocutor, who must be a clerical delegate, and elected rivd voce by the two orders, and continues in office until the next meeting of the synod. 142 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. Each house appoints a secretary or secretaries (see below, p. 150), and ** establishes its own order of proceedings and rules of order (see below, p. 149), and may publish such of its proceedings as it may deem advisable." Sittings are public or private, at the discretion of each house. Clergy and laity vote by orders *' if required." And ** if the proposition be carried in the negative it shall be conclusive ; but if in the affirmative, any six delegates (two from each of three different dioceses) may then demand a vote by dioceses, when, if the proposition be carried in the negative, it shall be conclusive; the vote of each diocese being determined by a majority of the delegates of that diocese. And in case of equality in the votes of the delegated from any diocese, such diocese shall not be counted." A quorum of the synod shall consist of not less than a majority of the bishops and of not less than a majority of the members of each order of the lower house. No alteration of the constitution or canons " shall come into operation until it has been confirmed at a second session of the general synod " (a*). The next meeting of the synod is to be held on the second Wednesday of September, 1896, in the city of Winnipeg. The expenses of the synod, including the necessary travelling expenses of the members, "shall be provided for by an annual assessment of the several dioceses represented in the synod, proportioned to the number of licensed clergymen in them ; dioceses having less than ten clergymen being exempt. Provided, however, that the expense of any member of the synod not attending during the whole session of the synod shall only be paid prorata, and such proportionate part thereof as his attendance bears to the whole time the synod is in session. And that a standing committee be (a*) Rev. Canon Spencer, clerical secretary, informs me that the constitution and rules of order and proceedings (except the "permanent order of proceedrngs," see s. 5, p. 145, above) of the general synod, have been " adopted provisionally, subject to amendment, by a majority vote at next session of the general synod." The constitution and rules of order of the provincial synod are given as they stood at close of the last session. THE PROVINCIAL SYNODS. 143 appointed who shall fix and determine the amount at any time to be paid hereunder : such committee, however, to have a discre- tionary power to allow a greater proportion in case of absence from illness or other good cause arising during the sitting of the synod." 3. The Provincial Synods. At the present time there are two ecclesiastical provinces in Canada, comprising two groups of dioceses under the jurisdiction of the two provincial synods. First, the ecclesiastical province of Canada comprises the dioceses of Nova Scotia, Fredericton, Quebec, Montreal, Ontario, Toronto, Niagara, Huron and Algoma (mis- sionary). Secondly, the ecclesiastical province of Rupert's Land comprises the dioceses of Rupert's Land, Moosonee, Saslmtchewan, Athabasca, Qu'Appelle, Calgary, Mackenzie River and Selkirk. In British Columbia there are the dioceses of Columbia, New West- minster and Caledonia, but they are not yet formally incorporated into an ecclesiastical province with a provincial synod, though they are included in the general aynod of Canada. A provincial synod is constituted of the bishops having sees, and of the delegates chosen by the clergy and laity within the ecclesiastical province. It is composed of two houses, an upper house of bishops, and a lower house of delegates. The presiding bishop of the upper house is the metropolitan of the ecclesias- tical province, and is the archbishop of the diocese over which he presides. Consequently, at the present time, there are two archbishops of the Church of England, the archbishop of Rupert's Land, who is also primate of all Canada, as president of the general synod, and the archbishop of Ontario, who is the metropolitan of the ecclesiastical province of Canada. The chairman of the lower house is called prolocutor. In each diocese of the ecclesiastical province there is also a diocesan synod, composed of the bishop and of clerical and lay delegates appointed by the several parishes of the diocese (see below t pp. 160 et seq.). 144 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. From the foregoing outlines of the constitutions of the several synods, it will be seen that the Church of England has practically a federal constitution. That is to say, there is one federal or general synod in which all the separate ecclesiastical divisions or corporate entities are duly represented, and in which the affairs of the church common to all are considered ; and there are so many local and diocesan synods called upon to deal with tVe special interests in the respective ecclesiastical divisions intowhi a the whole Dominion is divided. 4. Constitution of the Provincial Synod of Canada. This synod —the most important in the Dominion after the general synod — consists of the bishops of the sees already enume- rated (see above, p. 143), and of delegates chosen from the clergy and laity respectively. The bishops shall deliberate in one house, and the delegates from the clergy and laity in another ; and each house shall hold its sittings either in public or in private, at its own discretion. The clerical and lay delegates shall consist of twelve of each order from each diocese. The synod shall meet on the second Wednesday in September in every third year, or oftener, at the discretion of the metro- politan ; or on the requisition of any two bishops, or of ths bishop and half the delegates of each order in any diocese. In a vacancy of the metropolitan see, a meeting may be called at the appointed period, or on either of the above requisitions, by the senior bishop of the ecclesiastical province of Canada. A quorum of the synod shall consist of not less than a majority of the bishops, and of not less than one-fourlh of the members of each order of the lower house. The metropolitan (/>), or some bishop appointed by him, shall be the president of the upper house ; and in the vacancy of the {b) The bishop of Montreal was for many years, by virtue of his office, the metropolitan ; but at present the bishops elect the dignitary — generally the senior bishop. In this election a majority of all the bishops of the ecoleuiastical province CONSTITUTION OF THE PROVINCIAL SYNOD. 145 eee, or in the event of the inability, from any cause, or on failure of the metropolitan to appoint a bishop as president, the house of bishops shall elect one of their own number to preside. The lower house shall be presided over by their prolocutor, to be chosen viid voce on motion of any member of the house. Each house shall appoint a secretary or secretaries (see below, p. 150), and •' establish its own order of proceedings and rules of order (see heloic, p. 149), and may publish such of its proceedings as may appear advisable." No alteration of the constitution or canons shall come into operation until it has been confirmed at a second session of the provincial synod. The expenses of the synod shall be provided for, and its finan- cial concerns managed by a committee of the lower house, after a manner to be approved by both houses. 6. Permanent Order of Proceedings of the General and Provincial Synods. The rules governing the relations between the ttvo houses and the rules of order and procedure of the general and provincial synods of Canada, are the same, with only a variation here and there of detail of little importance ; and these differences will be noted in all cases hereafter in brackets. The general [or provincial] synod shall meet at the time and place of which notice has been given by the primate, or, in the event of his inability to act, by the metropolitan next senior by consecration [or by the metropolitan or his deputy in the case of the provincial synod] . The bishops and clergy attend in their proper robes, and proceed to the cathedral or other place appointed by the primate [or metropolitan] for divine service ; on which occasion the holy communion shall be always administered (c). must concur, either by their vote at a meeting called for the purpose, or by writing under their hand and seal. The meeting for the purpose is held at the summons and under the presidency of the senior bishop (see Canon I. of Provincial Synod). (c) In the provincial synod, " the litany shall be said by the junior bishop." B.M.P.— 10 146 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. The preacher shall be appointed by the primate [or metropolitan] ^ and special prayer shall be made for the synod. The collection shall be applied to the current expenses of the synod, unless other- wise ordered by the primate [or metropolitan] . At an appointed hour after divine service, the members of the synod shall assemble at the place of deliberation — the bishops being habited in their robes, and the clergy in gowns and hoods (d) — whore the president, after he has taken his seat, shall inform the lower house with regard to their place of meeting, and direct them to elect their prolocuter. When the prolocutor has been elected, he shall be conducted to the upper house [by the chairman, in the case of the provincial synod] , accompanied at discretion by any members of the lower house, and his election duly announced to the president. The president shall then inform the prolocutor of the businees which the upper house desires to engage the attention of the lower house, and may, when necessary, specify the order in which the bishops desire it to be considered. On every day of meeting after the first, the synod shall meet at 9.30 a.m. [and the provincial synod at 9 a.m.], and shall proceed at once, before any business is announced, to morning prayers at the cathedral or other appointed place. The business of each day shall be commenced by prayer according to a form authorized by the house of bishops. The relations between the two houses are governed by rules providing for messages, conferences and joint committees, as will be explained in the following section. 6. Relations between the two Houses of the General AND Provincial Synods. In the formation of two houses of the general and provincial synods, in the provisions for conferences, messages, joint committees, and in the rules of order generally of these bodies, we see a closer adherence to the law and practice of parliament (d) This last provision in parenthesis is not in the rales of the proviuoifti synod, but the practice will necessarily be the same. RELATIONS OF THE GENERAL AND PROVINCIAL SYNODS. 147 than in any other assembly in Canada. The following are the constitutional regulations that govern the relations between the two bouaeg in the course of a session : — 15. [12 (e).] "The upper house may [shall] propose to the lower any business they may desire to have treated of or decided ; and it shall be incumbent on the lower house to take up and dispose of such business immediately after the subject under consideration shall have been disnosed of for the time being, provided always that it shall be the duty of the prolocutor to read to the house the message immediately on its receipt, and the house may by its vote, without discussion, decide on proceeding to its consideration at once." 16. [13.] "The upper house may direct the lower to appoint a committee to report to the upper on any subject on which they may desire the judgment of the lower, or to appoint their portion of a joint committee ; or may summon the lower to a conference." 17. [14.J " Messages from the upper house shall be delivered by an officer of the upper to the secretary of the lower, by v;hom they shall be communicated to the prolocutor, who shall communicate them to the house." 18. [15.] "The lower house may present to the upper any matter which they conceive to be a grievance or to require amendment, even when they have no proposition to make on ihe same ; and the upper house shall thereupon place it in order for consideration, with a view of providing a remedy ; and shall, before the conclusion of the session, declare to the lower house the result.'' 19. [16.] "The prolocutor shall have the right of admission personally or by committee to the upper house, to communicate the desire or decisions of his house, and in such case, he shall ascertain by message when he or the committee can conveniently be received in the upper house, and act accordingly." 20. [17.] " It shall be competent to the lower house to request a joint committee or conference on any special object, beyond those submitted to it by the upper house, or to propose for discussion any specific measure ; to which request an answer shall be given, but it shall be at the option of the upper house to accede to their request or not." 21. [18.] "When either house shall desire a conference with the other, or a joint committee, the reason for either shall be agreed to by the house desirmg it, and communicated in writing to the other, the prolocutor personally or by committee in either case proceeding to the upper house, either to deliver or to receive such reasons." 22. [19.] "When either house shall have come to a decision upon any subject in which the other house is concerned, it shall communicate its decision to the other." (<) Figures in brackets here as elsewhere refer to number of regulations of the provincial synod. 148 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 23. [20.] " If the lower house should not concur in a decision of the upper they shall, in stating their concurrence, state their reason, and may either propose an amendment or request the upper house to suggest an amendment to meet their reason, or request a conference." 24. [21.] " If the upper house should not concur in a resolution or decision of the lower, they may, in stating their non-concurrence, either state their reasons or not, and may either propose an amendment or request the lower house to prepare an amendment or appoint a conference, to which the lower house shall always give attention." 25. [22.] " The conference may be either by deputation from both houses, or by deputation from the lower house, or by open conference, as the upper house may think fit ; and the place shall be appointed by the president." 26. [23.] " No proposition shall be considered as sanctioned by the provincial synod until it has received the separate sanction of both houses, which shall be declared by the president in writing." 27. [24.] " Committees, whether of either house, or of the two houses, may hold their meetings either during recesses in the session, or during the proroga- tion of the synod." The foregoing are special regulationB based on the practice of parliament. For parliamentary rules regulating conferences, see above, p. 56 ; joint committees, above, p. 57. It will be seen that the modern parliamentary practice of ** communicating reasons" in case of disagreement between the two houses — a practice which facilitates business — has been adopted to all intents and purposes (see above, p. 57). The regulation (24) allowing committees to meet during prorogation is necessary since no select committee of parliament can assemble after a prorogation (see Bourinot, p. 508). A message from the upper house of the provincial synod is generally in such terms as these : "The president of the upper house begs to inform the prolocutor that the upper house has adopted the report of the joint committee on the 'incorpora- tion of the provincial synod and other matters,' and desires the concurrence of the lower house." (Sgd.) J. W. Quebec, President. Or: "The upper house desires the lower house to take up the report of the committee on divinity degrees, and the canon submitted by that committee." (Sgd.) J. VV. Quebec, President. RULES OF ORDER OF GENERAL AND PROVINCIAL SYNODS. 149 7. Rules of Order and Procedure of the Lower Houses OF THE General and Provincial Synods. The lower house meets on the first day of the session, at the time and place duly appointed by the primate 'or metropolitan! or president. After the preliminary proceedings, set forth on a previous page (see ahovey p. 145) they reassemble and after prayer the clerical secretary calls the loU of the clerical delegates, and the same course is followed by the lay secretary in the case of the lay delegates. The election of the clerical and lay delegates (/) must be certified under the hand and seal of the bishop of the diocese which they represent, or, in the absence of the bishop, by the chairman of the synod ; and this certificate, which is final and conclusive, must be forwarded by the secretaries of the diocesan synod to the secretaries of the lower house of the general [or provincial" synod within fourteen days after the election in question. In case any of the delegates, duly certified as above, are unable to attend, the bishop, or, in his absence, the clerical secretary of the diocesan synod, shall certify under his hand and seal that the delegate in question, whether clerical or lay, cannot be present, and that another person, duly designated, is authorized by vote of the diocesan synod to fill the place of the former as delegate. This certificate is final and conclusive, whether it is presented before or during the session of the provincial synod (//). The roll of delegates will be called according to dioceses, and each member must answer to his name. In the minutes signs will indicate those present and absent. In case members arrive subse- quent to the calling of ae roll, the secretaries will enter their names in the minutes and make an entry on the list, ** arrived after session had commenced." Sometimes members who by some (/) For delef»ates to general synod, see above, p. 141. Each diocesan synod sends twelve of each order to the provincial synod. For mode of latter election, in each diocese, see Nova Scotia, Const, s. 21 ; Fredericton, Canon IX.; Qiiel)ec, Canon IV.; Montreal, p. 37 of Const.; Ontario, Canons III. (7), XXVI.; Toronto, Const. 88. 44-49; Niagara, Const. 19, 20; Huron, Canon XXIX. ig) Section 30 of Const. Gen, Synod ; s. 28 of Const. Prov. Synod. 150 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. inadvertence on their part bad not reported themselves, though present, are allowed to have their statement entered in the proceedings of the following synod {h). When it is announced that a full quorum of both orders is present, [a majority of each order in the general synod, one-fourth of the members of the clergy and laity respectively in the pro- vincial synod] , nominations will be made for a prolocutor, by motion formally moved and seconded. In case of several candi- dates beinp; proposed, the procedure in case of the election of a speaker of the commons should be followed, and each name submitted in the order it is proposed, until a presiding officer is elected (see above, p. 27). When a prolocutor has been chosen, he will express in suitable language his sense of the honour conferred upon him, and proceed to present himself to the bishops in the upper house (see above, p. 146). Having returned to the house, the prolocutor will name a clerical member to act as his deputy in his absence, and introduce to the house the business which the upper house desire to have taken up. The next proceedings in order are the elections of a clerical secretary, a lay secretary, a treasurer, and two auditors. These officers should be elected in the order here named. In case of several nominations to one office, the procedure for election of speaker should be followed. The clergy vote for their own secretary, the laity for theirs, in order. The treasurer and auditors hold their offices until their successors are appointed. It is the duty of the secretaries to keep regular accounts of all proceedings in the house, to preserve memorials or other docu- ments under the direction of the prolocutor, to attest all public acts of the synod, and deliver over all records and documents to their successors. The minutes of each day's proceedings are read, corrected and confirmed on the following day. It is also the duty of the secretaries to arrange a list of business, and of all notices of motions sent to them by members, (A) See Joar. of Prov. Synod, 14th sess., p. 19. RULES OF ORDER OF GENERAL AND PROVINCIAL SYNODS. 151 according to the order in whieh they are received, and under the direction of the primate [or metropolitan] to cause a printed copy of the same to be sent to every member of the synod twenty-one days before its meeting. The business and motions, here provided for, stand first on the order of the day of the synod when it meets. The authentic record of the proceedings of each session is the printed journal, " certified by the signatures of the prolocutor, and the two secretaries of the lower house to a statement attached to one or more copies, declaring the number of pages in the said journal, and the number of words corrected, with the words so corrected." The constitution of the general synod in each case also requires they certify the same to be a true copy of the original meetings and proceedings. In case of a vacancy occurring in any of these offices when the lower house is not in session, it shall be filled by the prolocutor, and the person thus appointed shall hold office until the house has duly elected his successor. The house meets for business on each day after the first at 10 o'clock ; adjourns, as a rule, from 1 o'clock to 2.30 p.m., and concludes its sittings at 6 o'clock p.m., when the body prpceeds to the cathedral or other church for evensong. Committees may, however, meet later if necessary (rule 1). Business is preceded each day by prayer in an appointed form. The daily order of business is regulated by the rules as follows : — (i) Reading, correcting and approving the minutes of the previous meeting (see above^ pp. ii, 125, a^ to the keeping and correction of minutes). (2) Appointing committees (see below, p. 152). (3) Presenting, reading and referring memorials or petitions. (4) Presenting reports of committees, of treasurer, or auditors. (5) Giving notices of motions. (6) Taking up unfinished business. (7) Consideration of motions. (8) Orders of the day. (9) Before the final adjournment of the synod, reading, correcting and approving the minutes of the last day s proceedings. 152 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. It is not unusual to suspend the order of business for the moment in order to make purely formal motions, for the admission of distinguished visitors to the floor of the house, or other impera- tive business. Each visitor is admitted on special motion. It is only, however, by a two-thirds vote that any rule of order can be suspended in case of a division of opinion on the subject (see below, p. 165). As soon as convenient after the calling of the rolls and the election of officers, the prolocutor (rule 3) names one clerical and one lay delegate from each diocese to constitute a committee for the purpose of submitting the names of the members of each of the following standing committees : — (i) On the state of the church. (2) On :tmendments to the constitution. (3) On canons. (4) On rules of order. (5) On elections. (6) On expenses. (7) On memorials of deceased members. (8) On unfinished business and printing. These committees are appointed by the house on the recom- mendation of the nominating committee, but it is always competent for any member of the house to refer the report back, or to amend it by adding new names (see above, p. 51). Any matter that may be appropriately considered by such committees may be referred, without debate, to the proper body for its consideration and report. No committee can of course depart from its order of reference without an instruction from the house (see above, pp. 48-51, for parliamentary rules respecting special committees). A standing committee (rule 32) of three clerical and three lay members of the provincial synod must be also appointed on the first day of meeting, to arrange for each day the order of precedence for the several motions of which notice has been given, and have them printed. The appointment of this committee is generally RULES OF ORDER OF GENERAL AND PROVINCIAL SYNODS. 153 left, by motion, with the prolocutor (see journal of 1889, pp. 7, 8). The committee on unfinished business and printing performs the foregoing duty for the general synod. Whenever the upper house sends a message to the lower house, proposing an}' business, it is incumbent upon the latter body to take it up and dispose of it immediately after a subject under consideration has been disposed of for the time being. The prolo- cutor reads this message as soon as it is received, and the house may, by its vote, without discussion, proceed at once to its con- sideration. The house may establish its own order of proceeding and rules of order (see abovey pp. 142, 145). The following is the present code of rules relating to motions, debates, and proceedings generally, and it will be seen that they adhere closely to the procedure of parliament. In the case of each rule I give such references to the first part of this work, and such comments as will show where the rules of the two bodies are identical or different. This is necessary, since ** in any unprovided case resort is had to the rules of order of the house of commons in Canada for guidance," in the general as well as provincial synod. 2 (i). "The prolocutor shall preserve order and decorum, and shall have power to appoint assessors in so doing, and he shall decide all questions of order, subject to an appeal to the house, to be decided without debate, and when called upon to decide a point of order, he shall state the rule applicable to the case without argument or comment." See same parliamentary rules abore^ pp. 28, 40. For mode of appeal, abovCy P- 39- Rule 3 provides for appomlment of standingcommitlees, as explained abovCy p. 152, though not always finally embodied in a rule. 4. " When any member wishes to speak he shall arise and address the chair." See ab(n>e. p. 37, for parliamentary rules. (i) I retain the original numbering of the rules, which is the same in both synods, as most convenient for all purposes of reference. Rule 1 appears ahovit p. 151. 154 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 5. ** When two or more members rise at the same time, the prolocutor shall name the party first to speak." See above^ p. 37, for parliamentary rule. 6. ** A member called to order whilst speaking shall sit down, unless permitted to explain." See above^ pp. 39, 40, for parliamentary rules. The prolocutor should give such permission if the synod shows a desire for explanation, or it is necessary for a correct understanding of the question of order (see rule 9, below). 7. ** No motion or amendment shall be considered as before the house unless seconded and reduced to writing." See aboi'c, p. 30, for parliamentary rule. If not seconded and written the chairman cannot read or propose it to the house. For mode of proposing a question, see aboTCy p. 31. 8. " No member, save the mover of a resolution, who, as mover, is entitled to reply, shall speak more than once, except by permission of the house." See above^ p. 38, for parliamentary rule. This permission is given, when necessary, by motion, and by a majority of the house. 9. " A member may rise to explain if permitted by the chair." See (ibo7'e^ p. 38, for parliamentary rule, and rule 6, above. 10. *' No original motions, except motions of course, shall be received without notice, except by permission of the house." The motions " of course " in parliament are for the adjournment of the house, or of the debate or the previous question, or relate to routine or purely formal business (see above^ p. 30), which, being well understood by every one do not require to be written or placed on the notice paper. The synod may, however, give permission, />., a majority can waive notice under exceptional circum- stances. 11. "When a resolution has been moved and seconded, any member may require the previous question to be put, whether the motion so made be put or not, and that question shall be decided withor*^^ debate." This is a modification of the parliamentary rule respecting the previous question, " That the question be now put," and all debate must cease when the motion is made and a vote be taken at once. If the previous question is carried then a vote must next be taken at once on the main motion. If it is negatived, the main motion is superseded for the time (see above^ p. 14). RULES OF ORDER OF GENERAL AND PROVINCIAL SYNODS. 155 12. " When a motion has been read to the house by the prolocutor, it cannot be withdrawn without the consent of the house." In parliament the consent must be unanimous, since the rule does not permit a single negative voice (see abcn'e^ P- 30' Every assembly expresses its consent to a motion or question by a majority vote, unless there is a rule to the contrary. 13. " When a question is under debate, no motion shall be received by the chair, unless to amend it, or to postpone it, or to lay it on the table, or for adjournment, or for the previous question, and no more than one amendment to a proposed amendment of a motion shall be in order." Here we come to those dilatory or subsidiary motions on which I have commented at some length, above , pp. 21-26. These explanations are necessary here : (a) Postponement, debatable since parliamentary rule prevails (see abo7'e, pp. 25, 26). (b) Lay on the table, not debatable (see bcloWy rule 15). (c) Adjournment, not debatable (see belowy rules 14, 15). (d) Previous question, not debatable (see abiwc, rule 11). (e) Two amendments to a question are only .idmissible at one time, for full explanations, see above^ p. 35. The four previous motions (^-f/) are always in order, as they are not in the nature of amendments. See also rule 16, ^i'/<77t/, which allows a motion to suspend a rule precedence even of the motions in this rule 13. 14. " A motion to adjourn shall always be in order." .See aboifc^ p. 33, for parliamentary form of motion. Here it is subject to following rule 1 5. 15. ** Motions to adjourn or to lay on the table shall be decided without debate." See above^ rule 13. 16. " A motion to suspend a rule of order shall take precedence of all other motions, and shall be decided without debate, and no rule of order shall be suspended, except upon the vote of two- thirds of the members present." This is a special rule not found in parliament. This motion to suspend a rule is privileged and has priority over all others. 156 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 17. " A member, if not interrupting a speaker, may require any motion in discussion to be read for bis information at any time during the debate." For the parliamentary rule, see above, p. 32. 18. " When amendments are made to any motion the amend- ment and tbe original motion shall be put in order, the reverse of that in which they were brought forward." This is the Canadian parliamentary method of putting a question and amendments thereto (see above, pp. 33, 34). 19. " When a question is finally put by the prolocutor either on an original motion or on an amendment, no further debate shall be allowed ; the prolocutor first declaring that the question is finally put." Intended to limit debate like the parliamentary rule forbidding debate when meml^ers have been called in preparatory to a division (see also above, p. 42). But a point of order may be taken (see abo7>e, p. 44). For mode of putting a question in parliament, see above, pp. 41, 42. 20. " When the prolocutor is putting a question no member shall rise from his seat, and every member present, when a question is put, shall be required to vote on the same unless excused by tbe house." Every member in parliament must vote unless his vote is disallowed because he has a pecuniary and direct personal interest in a question (see abo-t'C, pp. 421 43 for parliamentary rule). The foiegomg rule allows a member to be excused on motion, but the body will not excuse a member from voting except for reasons which it may consider sufficient. It is a duty to vote. 21. '• In voting, those who vote in the affirmative shall first rise and then those who vote in the negative ; and in case of an equality of votes the question shall be decided by the casting vote of the prolocutor, who may also vote on the question." The prolocutor has accordingly two votes. If he votes as a member on every question, he should rise at the same time with those with whom he votes, and not subsequently (see above, p. 78). It is questionable, however, whether he should not reserve his vote, as he can always do in his discretion under the rule, until there is an equality, and then give his decision in accordance with the principles that govern speakers of the commons house (see abo^fe^ pp. 42, 69). RULES OF ORDER OF GENERAL AND PROVINCIAL SYNODS. 157 22. When required by two clerical and two lay delegates, the vote of the house upon any question may be taken by orders voting separately ; and in that case a majority of both orders shall be necessary to an affirmative vote." A special rule of the synod requiring no comment here. That is to say, the clergy first vote ; then the laity, as set forth in rule 21 above. See also consti- tutional rule of general synod, alxn'e, p. 142, as to voting by dioceses. 23. '* On a division, the names of those who vote for or against a question shall be recorded in the minutes, if required by three members." See parliamentary rule above^ P- 4i- All such votes are recorded in parlia- ment. 24. " A question being once determined, shall not again be drawn into discussion in the same session, without the unanimous consent of the house." Necessary to save time of session (see abo7>e^ pp. 17, 32, for parliamentary rule). One member can prevent such a question being reconsidered. Here the consent must be " unanimous " and not of a majority. 25. " Committees shall not be appointed without notice, except- ing standing committees, committees of the prolocutor to the upper bouse and committees of course, such as those which follow upon the adoption of a resolution, which requires a committee." All committees in parliament are formed, as a rule, on notice duly made (see t^mie^ p. 48). The foregoing is a special rule of the synod. 26. " When a separate committee of this house has been named, whose function is deliberative, the prolocutor shall direct what number of its members do form a quorum, unless the quorum be fixed by the resolution under which the committee is appointed." If there is no quorum so fixed, then there must be a majority of the whole committee present at a meeting before business can be transacted (see above^ pp. 9, 48). 27. " When a committee is appointed, the mover of the resolution asking for the committee, shall be the chairman of the cominittee, or when a resolution is referred to a committee, the mover of the resolution shall be chairman, unless the commiltee has already been organized." 158 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. This rule goes further than the parliamentary usage which generally induces the committee, when it meets, to appoint as chairman the mover of the original resolution for the committee. Here the rule is mandatory, except in the case of a committee already organized (for parliamentary rules, see abmie^ p. 48). 28. ** Reports of committees shall be in writing, signed by the chairman, and shall be received in course, but a motion may be made for recommittal." See abovc^ pp. 50, 51, for parliamentary rule regulating reports. All reports can be recommitted if the house so order. 29. " Motions with reference to reports from committees shall take precedence of other motions on the paper." A special rule of these synods. 80, " Whenever it shall happen that members appointed on committees are not re-elected to the general \or provincial] synod the prolocutor may appoint others from the same diocese, or dioceses, to fill their place ; and in order thereto a copy of the certified lista of clerical and lay delegates sent to the secretaries shall be sent by them to the prolocutor." A special rule of these synods. 8. Prorogation of the General Synod. This synod, when assembled for business, shall be prorogued by the primate or president of the upper house, after a resolution fixing the time of prorogation has been agreed upon by both houses ; and the president with the consent of the upper house, shall issue a schedule declaring the state in which each matter of business stands, which has been brought before the upper house, and shall promulgate the same to the lower house. The prolocutor, on receiving this schedule, shall, at the first opportunity, communicate it to his house. The primate shall then, at the hour agreed upon, prorogue the synod. A prorogation will supersede all business of that session under consideration at the time, and unless there are special resolutions to the contrary that unfinished business must be commeDced anew at the next session (see Bourinot, p. 288). prorogation of provincial synod. 15 9. Prorogation of the Provincial Synod. The proceedings are practically the same as the foregoing. Before the conclusion of the session the president, with the con- sent of the upper house, and in accordance with the regulations, announces the list of measures — a schedule in official phrase — passed at that session of the synod, including the joint committees, and makes such comments on these and other subjects as he may deem expedient. This schedule '* declaring the state in which each matter now stands which has been brought before the upper house " must be promulgated to the lower house. The prolocutor, on receiving this schedule, shall at the first opportunity, com- municate it to his house, which shall not prolong its sittings beyond that day. All unfinished business is accordingly reserved until the next session, and the synod is practically prorogued after the doxology has been sung and the benediction pronounced by the president. 10. Enactment of Canons. No canon shall be enacted, unless the same has been trans- mitted by the secretaries of the lower house to the members of the general [or provincial] synod at least three weeks [or a month for the provincial synod] before its meeting, or unless the same has been left over as unfinished business and accordingly printed in the journal of the previous session. The constitution of the general synod also provides that '* all canons shall be fairly transcribed in a book to be kept for that purpose, immediately after they are passed, and be attested by the primate or other presiding bishop, the prolocutor and the secretaries of both houses." 160 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 11. THE KULES OF OKDER AND PEOCEDUEE OF THE DIOCESAN SYNODS OF NOVA SCOTIA, FREDERICTON, QUEBEC, MONTREAL, ONTARIO, TORONTO, NIAGARA, AND HURON (j). The synods of the several dioceses of the ecclesiastical provinces of Canada, are duly incorporated by law, and consist in each case of the bishop, of the clergy, and of a certain number of repre- sentatives of the laity (who must be communicants), of the diocese. The regulations providing for election of delegates are given in the constitution of the several synods to which reference must be made in all cases. //* the following summary I give only the rules of procedure of the diocesan synods of the province of Canada, with such references to their respective constitutions as are necessary to make the proceedings of their meetings intelligible. As many of their rules are the same, it is not necessary to give the code of each synod separately, but to group them together under a suitable heading of procedure, to which reference can he easily made. I. Time of Meeting. — As a rule the bishop of the diocese, who is the head of a synod, appoints the place of meeting and adjourns or dissolves or prorogues the synod as he may deem advisable. The synod meets — /n Niagara. — On the second Tuesday in June, annually, or at such other date as may be deemed expedient by the bishop. In Toronto. — On the first Tuesday m June, annually, or at such other date as may be fixed by the bishop. In Huron. — On the third Tuesday in June, annually, or at such other time as may be fixed by the bishop. In Ontario. — Annually or oftener at discretion of bishop. (j) The author expresses his thanks to the bishops ^f Toronto, Niagara and Huron, and to tlie several clerical and lay secretaries of the diocesan synods for the aid they have given him in the preparation of this part of bis work. PROCEDURE OF DIOCESAN SYNODS. 161 In Montreal. — Third Tuesday of January in every year in the city of Montreal or at any other time or place as the synod at its last previous meeting shall appoint. Special meetings may be held at discretion of bishop or on requisition of ten clerical and thirty lay members, and only such special business as the meetinjj has been called for shall be considered. In Quebec. — At discretion of bishop, but a meeting must be held at least once in every two years. In Frcdericton. — Wednesday before the first Thursday in July of each year, at Fredericton and St. John alternately, unless the synod by resolution other- wise arranges time and place. /// Nova Scotia. — Biennial, and generally in Halifax. The bishop, or archdeacon in his absence, may summon additional meetings. The synod may accept invitations from other places in the diocese. 2. Presiding officer. — The bishop ex officio presides at every meeting of his diocesan synod. The constitutions of the several synods provide that in the absence of the bishop of the diocese, the following shall preside in the order of precedence given : — NoTu Scotia. — The bishop's commissary. In case of a vacancy the archdeacon of Nova Scotia, or the archdeacon of Prince Edward Island, or in the absence of both, the senior presbyter present presides at the synod where a bishop is elected. Fredericton. — Bishop coadjutor, or the archdeacon, or the bishop's commis- sar)' ; and in the absence of the foregoing, the clergy and lay representatives present elect a presiding officer. Quebec. — A deputy appointed by the bishop, who must be a clergyman of the diocese of not less than fifteen years' standing in priest's orders. In case of a vacancy in the see, the archdeacon, or rector of Quebec, or the senior clergyman in priest's orders, or in the absence of any one of these the senior clerj^yman present, shall act as president until one is elected. No election can take place unless there is present a quotum of three-fourths of all the clergy and lay representatives respectively. If there is no such quorum there must be an adjournment to any day within one week, and so on from time to time, if necessary, until such quorum be present. .\fonfrcaL — The bishop's commissary. When the see is vacant the senior dignitary of the church next in rank to the bishop, shall summon a synod to be held in not less than thirty days, to elect a successor to the see, and he shall preside at this meeting at which no other business except the election of^a bishop can be transacted. B.M.P. — 11 162 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. Ontario. — A coadjutor or assistant bishop, or another bishop appointed under one of the canons (XXVIII.) by the bishop to preside. When a bishop, at a session, leaves the chair temporarily, he may appoint one of the members of the synod to preside during his absence. Toronto. — A deputy chairman appointed by the bishop, or if there is no such officer, then the senior dignitary or clergyman of the diocese present. Niagara. — Same as Toronto, abo7>e. Huron. — A chairman appointed by the bishop. 3. Quorum. — Ontario. — One-fou'th of the whole number of the clergy and one-fourth of the parishes on the synod list, each of which may be represented by one lay delegate. Montreal. — Not less than twenty-five lay and fifteen clerical delegates. Quebec. — Not less than one-fourth of the clerical and lay representatives respectively. Nova Scotia. — Not less than one-fourth of the whole number of qualified clergy, and of lay representatives duly certified, but no vote of the synod shall take place unless in the presence of three-fourths of those forming a quorum, with the bishop or his commissary presiding. Fredericton. — Not less than one-fourth of the whole number of qualified clergymen of the diocese, and not less than one-fourth of the lay representatives, whose election shall have been certified to the secretary of the synod, but any less number shall have power to adjourn from time to time until a quorum can be obtained. Niagara. — At least one-fourth of the clergy of the diocese, and one-fourth of the congregations represented by at least one del^'gate. Huron. — Of the chairman and not less thar. vhnty of each order of the clergy and laity, except in the election of a bishop > tien seventy-five of each order must be present. If there is no quorum the synod is adjourned until next ordinary hour of meeting, and so on. Or the synod maybe adjourned sine die. Toronto. — Not less than one-fourth of the whole number of the licensed clergy of the diocese, and one-fourth of the lay representatives entitled to sit in the synod. For parliamentary rules in absence of a quorum, see ahove^ pp. 9,29. 4- Prayer. — In all the synods when they have met at the appointed time and place, proceedings commence with prayer according to a form duly authorized by the bishop of the diocese. PROCEDURE OF DIOCESAN SYNODS. 163 5, Call of roll. — The roll must then be duly called as a rule in the synods of the clergy of the diocese and the qualified lay repre- sentatives of parishes by the clerical or lay secretaries respectively before any business can be transacted. The names of those in attendance shall be duly noted in a book kept for that purpose. In Toronto, however, the calling of the roll has been discontinued and each clergyman and lay representative signs his name in a book kept for that purpose. 6. Secretaries- — In all the synods, except that of Fredericton, the clergy and laity as orders respectively elect, by a majority vote in each case when necessary, a clerical and lay secretary at each annual meeting. In Fredericton there is only one secretary who may be chosen at any meeting and remain in office during the pleasure of the synod. In Nova Scotia there are two secretaries, but the appointment of the lay secretary shall be permanent and he need not be a member of the synod. In Montreal they may be elected by ballot. These secretaries keep regular minutes of all proceedings of their synods. In Quebec provision is also made for an assistant clerical and an assistant lay secretary to act in the absence or incapacity of the regular officers. In Niagara, Toronto, and Huron, there is also a secretary- treasurer ; appointed. in Niagara and Huron by vote of the synod, and in Toronto by the executive committee, subject to the confirm- ation of the synod. Their duties are defined by the respective constitutions. These officers attend to the synod business out of session. The elective officers of the synods by the Ontario rules hold office until the appointment or election of their successors, and this is generally the case in all the synods. 164 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. Reference must he made to the constitutions of the respective synods for regulations respecting the foregoing and following officers, the keeping of minutes and accounts, etc. 7. Treasurer and auditors. — All the synods have an officer called the treasurer (or as in some cases secretary-treasurer, see ahore) to attend to financial matters. He is, generally speaking, elected annually by votes of both orders in the synod. In Fredericton, he must be a member of the synod chosen by votes of both orders at any meeting, and remaining in office during the pleasure of the synod. In Montreal he may be elected by ballot and hold office until a successor is appointed. In Ontario and Quebec he is elected annually. In Quebec provision is also made for an assistant treasurer in case of the absence or incapacity of that officer. Two auditors are as a rule appointed annually by all the synods to inspect and report annually on the accounts . In Montreal these and other officers may be elected by ballot and shall hold office until their successors are appointed. In Fredericton only one auditor is appointed. In Ontario, there is an audit and accounts committee, composed of two laymen and one clergyman, members of the synod, elected at each annual meeting, after the introduction and consideration of the report of the same outgoing committee for the previous year — the first pro- ceeding in this synod after the calling of the roll (rule 4). Two auditors, skilled accountants, are also appointed annually by the executive committee at its first meeting after the meeting of synod, to audit all accounts and submit thair report to the chairman of the audit committee (see Canon X.). 8. Order of Business. — Every synod, like other deliberative bodies, has a rule providing for a regular order of business — that of Huron (below, p. 167) being most complete. PROCEDURE OF DIOCESAN SYNODS. 165 In Nora Scotia — 1. Reading, correcting and approving the minutes of the previous meeting (see adoz'e, pp. ii, 122). 2. Appointing committees (see below^ p. 181). 3. Presenting, reading and referring of memorials and petitions (see abovCy p. 52). 4. Presenting reports of committees (see aborc, p. 51). 5. Giving notice of motions (see belou\ p. 169). 6. Taking up unfinished business. 7. Consideration of motions (see bcloWy p. 170). This order can be changed or suspended at a meeting only by unanimous consent (see below, p. 192). In Fredericton — 1. Calling of rolls. 2. Reading, correcting and approving of minutes of the previous meeting (see above ^ pp. 11, 122). 3. Presenting reports of committees (see above, p. 51). 4. Presenting, reading and receiving memorials and petitions (see above, p. 52). 5. Appointing standing committees (see below, p. 183), 6. Giving notice of motions (see below, p. 169^. 7. Taking up unfinished business. 8. Consideration of motions (see below, p. 170) and appointing special committees see below, p. 183). This order of business can be changed or suspended at a meeting only by unanimous consent (see below p. 192). In Quebec — 1. Reading, correcting and approving minutes of the previous meeting (see abo7>e, pp. II, 122). 2. Giving notice of motions (se»^^/(?w, p. 169). 3. Appointing committees (see below, p. 184). 4. Presenting, reading and referring memorials, petitions and correspondence (see above, p. 52). 5. Presenting reports of committees (see above, p. 51), and of the treasurer and auditors. 166 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 6. Taking up unfinished business. 7. Consideration of motions (see ^^/^a/, p. 170). This order of business can be changed or suspended at a meeting only by consent of two-thirds of the members present (seii below, p. 192). In Montreal — 1. Reading, correcting and approving of the minutes of the previous meeting (see above, pp. 11, 122). 2. Appointing committees (see below, p. 185). 3. Presenting, reading and referring of memorials and petitions (see abovey P- 52) 4. Presenting reports of committees (see above, p. 51), and of treasurer and auditors. 5. Giving notice of motions (see below, p. 169). 6. Taking up unfinished business, 7. Consideration of motions (see below, p. 170). 8. Orders of the day. This order of proceedings can be changed or suspended at a meeting only by unanimous consent (see below, p. 192). In Toronto — 1. Reading, correcting and approving the minutes of the previous meeting (see above, pp. 11, 122). 2. Appointing special committees (see below, p. 187). 3. Presenting, reading and referring to committees, all memorials, petitions and correspondence submitted to the synod. 4. Presenting reports, (see above, p. 51). 5. Reading, and consideration of reports in the order of their presentation. 6. Giving notice of motions (see below, p. 170). 7. Taking up unfinished business. 8. Consideration of motions in their order (see below, p. 170). This order of proceeding can be changed or suspended at a meeting only by unanimous consent (see below^ p. 192). In Ontario — 1. Reading, correcting and approving of the minutes of the previous meeting (see above, pp. 11, 122). PROCEDURE OF DIOCESAN SYNODS. 167 2. Appointing committees (see beloiu^ p. 185). 3. Presenting, reading and referring memorials and correspondence (see above^ p. 52). 4. Presenting, reading, discussing, and, if deemed advisable, adopting reports of committees in such order as the bishop determines (for parlia- mentary rules, see above ^ p. 51). 5. Giving notices of motions (see below, p. 169). 6. Taking up unfinished business. 7. Consideration of motions (see below, p. 170). This order of proceeding can be changed or suspended at a meeting only by unanimous consent (see lelow^ p. 192). In Huron. — The order of business at the opening sitting shall be as follows : (a) Election of secretaries and auditors, who shall hold office until their successors are appointed. (b) Receiving report of committee on certificates and synod assessments, further reports of which committee may be made at any time. (c) The bishop's charge. (d) Receiving report of the executive committee. (e) Receiving reports of other committees of the synod. (f) Receivinfr petitions or memorials. {\() Receivmg notices of motion. A.fter disposing of the foregoing business the synod shall adjourn. At the evening sitting, on the first day of meeting, the order of business shall be as follows : (a) Receiving reports of committees. (b) Receiving petitions or memorials. (c) Receiving notices of motion. (d) Consideration of the report of the executive committee, a motion for the adoption of which report shall be put by the chair. (e) Consideration of reports of other committees of synod, in the order in which they have been received, a motion for the adoption of which shall be made by the chairman or other member of each committee. (0 Business submitted by the bishop. (g) Business submitted by the executive committee. 168 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. (h) Motions of which notice has been duly given, in the order of notice (see belou\ p. 170). At all other sittings the order of business shall be as follows: — (a) Confirmation of minutes of previous day's proceedings (see above^ pp. II, 122). (b) Receiving reports of committees (see above^ p. 51). (e) Receiving petitions or memorials {s^^abovc^ p. 52). (d) Receiving notices of motions (see below, p. 170). (e) Consideration of reports of committees (see akn^c, P- 50- (f) Business submitted by the bishop. (g) Business submitted by the executive committee. (h) Motions of which notice has been duly given, in the order of notice (see belcnv, p. 170). This order of business can be changed or suspended at a meeting only by unanimous consent (see helow^ p. 192). In Niagara — 1. Reading, correcting and approving of the minutes of the previous meeting (see above, pp. 11, 122). 2. Presenting, reading and referring of memorials and petitions and correspondence (see above, p. 52). 3. Appointing committees (see ^^r/ow, p. 187). 4. Presenting reports (see above, p. 51). 5. Reading and consideration of reports (see abovc^ p. 51). 6. Consideration of additions and alterations in constitution, canons, by-laws and rules of order (see <^r/ir7«/, pp. 191, 192). 7. Giving not ce of motions (see below, p. 169). 8. Taking up unfinished business. 9. Consideration of motions (see /'t'A'tt', p. 170). This order of business can be changed or suspended at a meeting only by unanimous consent (see hdow, p. 192). 9. Bishop's address. — An address from the bishop is in order at any time in every synod, generally speaking by a special rule. 10. Notices of motions. — As in all well regulated assemblies (see ahove^ p. 10), the diocesan synods huve special rules providing fur notices of motions, as follows : — PROCEDURE OF DIOCESAN SYNODS. 169 Nova Scotia — 6. " All notices of motion given by a presbyter or a representative of the laity for proceeding at a subsequent meeting, shall be read over at such meeting, and may be taken ud by any member present at such meeting, in the same manner as if he had himself given the notice." A later rule provides : — 3, " Every member giving notice of a motion may at the same time announce the name of the person by whom it shall be seconded." Fredericton — 5. " Notices of motion to be submitted to the synod may be sent to the secretary at least one month previous to its annual meeting ; and the secretary shall cause such notices to be printed in the order in which they are received, and forward to the members of the synod with the usual notice of the synod meeting ; and motions of which notice has been given in such manner shall have priority of consideration, but shall not necessarily exclude other motions." 6. " Notices of motion, if any, given by a member of the synod for proceeding at a subsequent meeting shall be read over at such meeting, and may be taken up by any member present, in the same manner as if he had himself given the notice." Quebec — Special rul' are wanting, though the order of proceedings (see aboi'e^ p. 165) contemplates lotice. Montreal — 24. "All notices of motion intended to be brought before the next synod shall be sent to the clerical secretary at least six weeks before the day of meeting ; and it shall be the duty of the clerical secretary to keep a record of such notices, and to issue a circular statement of the business for the ensuing synod, with reports of committees, and the oider in which the same shall be brought up. The circular to be forwarded to each clergyman and parish, one montli before the meeting of the synod." Ontario— 3. " To prevent surprise, no motion, except a motion in course (see ahovc^ PP- 30. ' 54) shall be considered until the succeeding day of meeting, notice thereof having been first given." Kiarjara — 3. " To prevent surprise, no motions, except motions in course (see nh(ri>e, pp. 30, 154) shall be considered until all motions already before the synod shall be disposed of." 170 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. Toronto — By canon I. it is provided : — (12) "No motion which is not of course (see abo^'C, pp.30, 154), or which does not deal with some matter actually under the consideration of the house shall be introduced to the synod, unless after one day's notice duly given at the time appointed in the order of proceedings, or after the rule of order to that eflfect be suspended by the synod." (13) *' Notice of motion must be in writing, and contain the name of the member who ^ives the notice, and shall be handed to one of the honorary secretaries, after having been read to the synod." I?y rule 3, "To prevent surprise, no motion, except motions in course, shall be considered till the succeeding day of meeting." [This rule should have the addition as to notice given in the Ontario rule above^ p. 169.] Huron — 3. "All motions shall require one day's notice, except motions to adjourn, to suspend the standing orders, and relating to privilege, or any point of order arising during debate, all of which shall be in order at any time." [This rule far exceeds the parliamentary rule when it allows a suspension without notice; otherwise it expresses correct usage.] II. Motions — The rules of the synods generally provide that all motions shall be in writing and seconded, but in Ontario, Toronto, Niagara, Huron, Nova Scotia and Quebec, an exception is made in the case of those proposed by the bishop or a com- mittee. Montreal rule 12 very properly rejects a motion prefaced by a preamble (see above, p. 31). Toronto Canon I. sec. 14, requires the writing to be legible, and the names of mover and seconder inserted. When a motion has been read by the chair (or secretary, as in Nova Scotia, Toronto, Niagara and Ontario), it cannot be with- drawn — Without consent of chair in Ontario, Niagara and Toronto. Without consent of meeting in Quebec, Montreal, Nova Scotia, Huron and Fredericton. All the synods have the parliamentary rule (see ahove, p. 32), that every member shall have the right to require at any period of the debate that a question in discuseion be read for his informa- tion ; but of course a member speaking cannot be interrupted exct'pt with his own consent or called to order (see above, p. 38), PROCEDURE OF DIOCESAN SYNODS. 171 See above, motions. pp. 30-34, for parliamentary rules respecting 12. Amendments. — The rules of the various synods, with respect to putting a question and amendments thereto vary. Those of Ontario, Fredericton, Quebec, Niagara and Huron follow the parliamentary usage (see ahore, p. 12), and an amendment must be considered before the main motion. If there are two amendments to a question before the synod, the amendment to the amendment must be first considered, then the amendment, and finally the main motion. Nova Scotia rule 11 and Toronto rule 11, appear to depart from the general rule, since it is ordered that ** all amendments shall be considered in the order in which they are moved." Later rules order that ** all amendments to any question shall be decided on before the question or motion on which they arise is proposed for decision." By Montreal rule 14, ** all questions shall be put to the synod in the order in which they are moved " — which is, in words, a reversal of the ordinary practice in Canada. While Montreal, Toronto, Niagara, Huron, Ontario and Fred- ericton allow only two amendments to a question at one time, as in parliament (see above, p. 35), on the other hand, Quebec and Nova Scotia limit the ordinary practice by providing that, when a proposed amendment is under consideration, no amendment to such amendment shall be in order until the former is dis- posed of. Fredericton, Niagara, Toronto, Ontario and Nova Scotia permit, when there is a motion and amendment before the chair» "a substitute for the whole matter may be proposed, provided it deals directly with the subject in hand." For parliamentary rules respecting amendments see altove, pp. 33, 84. 13- A question once decided.— The parliamentary rule (see above, p. 82), that a question once determined shall not again be 172 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. brought into discussion in the same session (see ahovCy pp, 17, 32, for meaning of "the rule"), may be, in special cases, laid aside : In Ontario, Toronto, Nova Scotia, Niagara and Fredericton by the special sanction of the presiding officer. In Montreal, Huron and Quebec by the consent of the synod. 14. Division of a question.— The Niagara synod has the parliamentary rule as follows : 6. When any motion or amendment is under discussion which contains more than one distinct proposition, it shall be divided at the request of any member. For same parliamentary rule, which should apply to all synods see ahove^ pp. 35, 36. 15. Dilatory or subsidiary motions. — All the synods have special rules providing for amending or superseding or suppressing a question. When a question is under consideration in the several synods no other motion shall he received By Nova Scotia rule 5 : unless — To adjourn (not amendable or debatable under rule 6). To lay it on the table (not debatable under rule 6). To postpone it to a certain time (amendable, see abo7>e^ pp. 25, 26). To postpone it indefinitely (amendable, see abovc^ pp. 2$, 26). To commit it (amendable, see above^ p. y]). To amend it (see above^ p. 171). Or to divide it (for parliamentary rule for divisions of a subject, see above, p. 35.) And motions for any of these purposes shall have precedence in the order here named. (For meaning of precedence see below, p. 201). By Ontario rule 6 : unless — To adjourn (not amendable or debatable by rule 6). To move the previous question (not amendable but debatable under parliamentary usage here followed, see above, pp. 14, 15). To lay it on the table (not amendable or debatable under rule 6). To postpone it to a certain time (amendable, see abo7>e, pp. 25, 26). PROCEDURE OF DIOCESAN SYNODS. 173 To postpone it indefinitely (amendable, see above^ pp. 25, 26). To commit it (amendable, see above^ p. 37). To amend it (see above, p. 171). Or to divide on it. And motions for any of these purposes shall have precedence in the order here named. (For meaning of precedence see below, p. 201). Fredericton, rule 5 ; — Same as Ontario rule 5, omitting the previous question. By Montreal rule 16 : unless — To amend it (see above, p. 171). To postpone it to a certain day (see abo7'e, pp. 25, 26). To lay it upon the table (not amendable or debatable under rule 1 3). To adjourn (not amendable or debatable under rule 13). By Quehec rule 5 : unless — To amend (see above, p. 171). To postpone (not amendable or debatable under rule 6). To adjourn (not amendable or debatable under rule 6). By Niagara rule 5 : unless — To adjourn (not amendable or debatable under rule 7). To lay it on the table (not amendable or debatable under rule 7). To postpone it to a certain time (amendable, see above, pp. 25, 26). To postpone it indefinitely (amendable, see above, pp. 25, 26). To commit it (see above, p. 37). To amend it (see above, p. 171). To divide upon it. And motions for any of these purposes shall have precedence in the order here named. (For meaning of precedence, see below, p. 201). By Toronto rule 5 : unless — To adjourn (not debatable or amendable under rule 6). To lay it on the table (not debatable or amendable under rule 6). To postpone it to a certain time (amendable, see above, pp. 25, 26). To postpone it indefinitely (amendable, see above, pp. 25, 26). To commit it (see above, p. 32). To amend it (see abox>e, p. 171). Or, with the assent of the bishop, to move, '* That the question be now put. 174 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. And motions for any of these purposes shall have precedence in the order here named. (For meaning of precedence, see bcloii\ p. 201). The last motion must, in this synod, " be put to the vote forthwith " (practically the closure), and if decided in the affirmative, a vote must be taken at once on the motion before the synod, and without debate. If it be decided in the negative, the motion that " the question be now put " cannot be again proposed until a vote has been taken on the motion before the synod (see iihore, p. 14, as to the true etfect of a negatived motion for the previous question). The efifect, as understood in this synod, is at \ aria ace with the original intent of the previous question, and makes it meaningless. Huron. — No such rule as other synods ; simply provision (rule 5) that •* motions to adjourn and suspend standing orders shall be put without debate." 16. The previous question. — The rules of diocesan synods do not, generally speaking, with the exception of Toronto (see above, p. 173), make any special provision with respect to the ** previous question," as in the case of the provincial synod, which requires . that that question shall be decided without debate, when proposed (see above, p. 154). Consequently the parliamentary rule must prevail in all unprovided cases, as set forth in the first part of this work, pp. 13-15. The Toronto rule, it will be seen from remarks on this page above, is peculiar to that synod. The Ontario rule (above, p. 172), simply gives the previous question a certain pre- cedence, and does not alter the parliamentary rule, 17. Debate. — .\11 the synods have the following rules, in accord- ance with parliamentary usage : Every member must rise [his head uncovered of course] and address himself to the chair. When the bishop or other person presiding has taken the chair the meeting shall be callel to order and no person shall continue standing. The synods generally follow the general principles of debate as to times of speaking. Ontario, rale 4, Nova Scotia, rule 4' That no member shall speak more than twice on the same question without the permission of the chair. PROCEDURE OF DIOCESAN SYNODS. 175 Quebec f rule 4, Montreal, rule 7, Fredericton, ride 4 : That no member, save the mover of the main motion who is entitled to reply shall speak more than once on the same question without leave of the synod (these words in italics are not in the Quebec rule), except in explanation of a material part of his speech, which may have been misunderstood, and then he is not to introduce new matter. Xiiigdra, rules 4 and 21 : 4. Not more than once on same question without the permission of the chair, except the mover and seconder. 22. Same as Toronto rule 22, below* Toronto, rules 4 and 22 : 4. Not more than once on same question except the mover of a motion, who has the right of reply. 22. Every speaker, except in moving and seconding any motion, shall be limited to ten minutes ; and all speakers shall be timed by an assessor, or assessors, to be appointed by the bishop to aid in the maintenance of order and obedience to the rules of the synod (see below, rule 23). IJuron^ rules 11 and 12 : II. Not more than once to same question except by unanimous consent, or the mover of a motion or amendment who is entitled to reply. (This goes much further than the parliamentary rule, which allows only a reply to a mover of a substantive motion, see above, p. 38). Rule 12 limits speaking at one time to twenty minutes except by consent. For parliamentary rules respecting debate see ahoref pp. 87, 39. 18. Questions of order. — In all synods, as in parliament (see ahoie, p. 28), "all questions of order shall be decided by the chair," which seems to preclude an appeal to the synod. A member called to order while speaking shall sit down, unless permitted to explain (see a' /ve, p. 39). By Toronto rule ^J3 : The bishop may appoint at each meeting of the synod two assessors, one clerical and one lay, whose duty it shall be to assist him in maintaining the the rules of order. For parliamentary rules, so far as applicable, see above, pp. 38, 39. 176 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. 19. Divisions on questions and recording of names.— All the synods have the following rule, which is practically the same as that of parliament (see ahovey p. 38) : — While any question is being put from the chair the members shall continue in their seats and shall not hold any private discourse ; and when a motion is so put no member shall retire until such motion is disposed of. As a rule the votes of the clergy and laity are taken separately in orders, but as the regulations vary in some respects it is necessary to cite them in each case in full : Ontario^ rule I4, ; Toronto, rule 15 ; Niagara, rule IC When a division takes place, the votes of the clergy and laity shall be taken separatL'ly, if required by the bishop, or by [Toronto requires " in writing "] four members of each of the respective orders ; and the lay representatives shall in all such cases vote by parishes, and when so voting, the vote of the majority present shall be considered as the vote of the parish. Montreal, section 15 of Const.: The vote of each order shall be taken separately, when so required by'any three members, each vote being determined by the majority of the members present in each order. Quebec, section 13 of Const.: At all meetings of the synod, when a division takes place, the votes of each order shall be taken separately. Nora S'-otia, section 13 of Const.: The vote of each order shall be taken separately, such vote being determined by the majority of the members present and voting in each order. Fredericton, rule 15: Whenever, on the occasion of any vote, the names shall be called for, such names shall be taken by call of the roll, of the clergy and lay representatives each of those answering yea or nay as his name shall be mentioned, and such names shall be entered in the minutes. Huron, section 2ii of Const.: Ordinarily the votes of the whole synod shall be taken collectively ; but at the desire of the bishop, or at the request of not less than five members of the synod, the voles of the clergy and laity shall be taken separately. PROCEDURE OF DIOCESAN SYNODS. 177 Toronto rule 10 ; Ontario rule 15 ; Montreal rule 6 ; Nora Scotia rule 16 ; Fredericton rule 14 ; Quebec rule 14 require : That in voting, those who vote in the affirmative shall first rise, and then those who vote in the negative. Quebec rule 14 adds: The vote of the clergy being first taken, unless it be otherwise ordered by the chair. The following special rules of some of the synods provide that " no protest or dissent shall be entered upon the minutes of the proceedings ; " but Bii Ontario rule 17 : When required by any one member, the number of affirmative or negative votes shall be recorded ; and when required by three of either the clergy or lay representatives, the names of the clergy and parishes voting on either side of the question shall be also recorded. By Fredericton rule 17; Montreal rule 17; Qnehec rule 16; Niapara rule 18 : When required by any three members, the names shall be recorded, but the Montreal rule has not the foregoing proviso with respect to a protest or dissent. By Xora Scotia rule 18, and Toronto rule 18 : When required by any one member, names are recorded. By Niagara rule 15 : On a question being put by the chair, it shall be determined by the voices as in parliament (see afio7'e, p. 41) ; or at the request of the chairman or three members, those who vote in the affirmative shall first rise, and then those who vote in the negative — unless a division is required as provided in rule 16 (see for this rule above^ p. 176). By Huron rule S : On a vote being called for, the ayes and noes shall respectively rise at the call of the chair and remain standing while the count is taken. Whenever a count is so taken, the numbers /rt? and con shall be entered on the minutes. The Montreal rule (6) requires that every member present when a question is put shall vote on the same, and we must assume that the same parliamentary usage prevails in all synods unless a member is excused for the sufficient reason that be is pecuniarily or b.M.i', 12 178 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. pereonally interested (see above, pp. 42, 43). All the synods have the rule that when a motion is put from the chair, *' no member shall retire until such motion is disposed of." The constitutions of the several synods require that all assessments and arrears shall he paid hefore the representatives of a parish or mission can sit and vote in the synod. For parliamentary rules respecting divisions, so far as they may be applicable, see above^ pp. 34, 41-43. 20. Votes by ballot — In all the synods the constitution and canons provide for a ballot in certain cases as follows : — Nora Scotia. — Delegates to provincial synod, Const, s. 21; election of bishop, Canon II. and Reg. of 1887 ; committees in certain cases, rule 1 (see heloiv, p. 181). Fredericton. — Delegates to provincial synod, Canon IX.; election of bishop or a coadjutor, Canons III., IV. ; standing committee (see below, p. 183). Quebec. — Delegates to provincial synod. Canon IV. ; election of bishop (see journal of synod, 1892). Montreal. — Delegates to provincial synod ; election of bishop ; oflScers, "if demanded," rule 4; special committees when not named under rule 21 (see below, p. 185). In 1894 a new rule of taking votes by ballot for executive committee, diocesan court, and provincial delegates was "acted" upon. Ontario. — Delegates to provincial synod. Canon XXVI. ; election of bishop, Canon XXIV. Toronto. — Delegates to provincial synod. Const, ss. 44-49; election of bishop or a coadjutor, ibid. ss. 5-8. Niagara. — Delegates to provincial synod. Const. XIX., XX; election of bishop, ibid. XXX. ; standing committee, ibid. XXII. Huron. — Delegates to provincial synod. Canon XXIX. ; election of bishop, Const, s. 23 ; executive committee, ibid. s. 16 ; other committees, Canon XXIX. It is competent for every synod to elect by ballot, whenever it 80 resolves, unless there is a constitutional rule to the contrary. PROCEDURE OF DIOCESAN SYNODS. 179 This is done in the case of committees in several bodies. When- ever there is no special provision to meet such a proceeding — as in Huron — two scrutineers should be appointed from each order by the bishop, on motion duly made and adopted, to count the vote. In the case of delegates to the provincial synod, Niagara and Toronto require three scrutineers of each order, and Huron four. Huron provides also four scrutineers "of either order out of which members to be elected" for each committee that it may be necessary to elect in this way. Ballot boxes for each order and the proper papers should be always on hand for synods where the ballot is necessary. The Toronto rule seems the best adapted to meet all exigencies : "47. Ballot boxes shall be provided to receive the ballot papers of the clergy and laity respectively. Upon each member of the synod depositing his vote, a mark shall be placed opposite his name on the certified roll given to the scrutineers by the honorary secretaries, and upon the requisition of any three members of the synod, the number of votes deposited shall be compared with the number of those who have voted upon the occasion. The scrutineers shall hand over the ballot papers to the honorary secretaries of the synod, whose duty it shall be to preserve them until the election of delej^ates shall be com- pleted, and to destroy them at the end of the session of synod." For ordinary method of taking the ballot, which does not differ from the foregoing, see above, p. 77. 21. Petitions and memorials. — The order of proceedings of each synod (see above, p. 165) has provisions for " presenting, reading and reference of petitions and memorials," but the synods have no special rules on the subject, except Montreal, Huron, Niagara and Toronto, as follows : — Montreal, rule 19, and Niagara, rule 22. " Petitions, memorials and other papers addressed to the synod shall be presented by a member in his place, who shall be answerable to the synod that they do not contain improper or impertinent matter." Toronto, rule 22. " Memorials and petitions must be dated and must be sijjned by the persons presenting the same, who shall be held responsible for the statements contained therein.'' Huron rule 15 provides petitions and memorials shall be received without debate, except a question of order arises. 180 SYNODS OF THE CHURCH OF ENGLAND IN CANADA. These rules practically embody the correct practice of all synods, and are based on that of parliament (see above, p. 52)^ except that the synods may accept all memorials and communi- cations which are properly framed and signed, even when not in the strict form of petitions. The following is the usual form of addressing a petition and memorial to a synod : — To the Right Reverend the Bishop, the Reverend the Clergy, and the Laity of the Diocese of , in Synod assembled : The Petiticr. (or Memorial), of (residence) (style, office, etc.) Humbly sheweth, etc. Here state subject-matter, in one or more paragraphs. Then prayer. And your petitioners (or memorialists) will ever pray. Signatures. 22. Committeesof the whole.— The synods, generally speaking, have no special rules providing for committees of the whole, and in the absence of such parliamentary usage should prevail (see above, pp. 44-46) when it might be deemed expedient to submit a canon or other matter of detail and special importance to this class of committee. Huron is the only synod that has rules on the subject. Rule 14, like that of the house of commons, provides thit the rules of order that obtain in the synod are applicable to proceedings in committee of the whole, except that the rule limiting members to one speech on a motion or amendment (see above, p. 176) shall not be in force, and speeches are limited to ten minutes (see above, p. 175). The Huron constitution (s. 24) also makes the following provisions with respect to committees of the whole, which might advantageously be adopted by other pynods : — (d) " When a motion is made to enact a new canon, or to repeal or amend a canon, or to alter or amend the constitution of the synod, the principle of the proposed measure shall first be discussed on a mo "ii 'that it be read a first time,' to which motion amendments shall be in order. (e, p. 29 for practice in case there is no quorum in a committee of the whole. If there is any business under consideration it is superseded (see above^ p. 29). (e) The Rev. Dr. Carman on this point writes the author : " When the presi- dent puts the question on any matter, we sometimes take the voices ; if doubtful, then, show of hands ; if still in doubt, rise to count. Taking ' yeas ' and * nays ' is done by alphabetical roll call." 206 CONFERENCES OF THE METHODIST CHURCH. 25. "The secretary shall provide a bulletin, upon which announcements of meetings of committees, and relating to the conference business may be made." Always a procedure necessary for the intelligent consideration of all business. Such a bulletin should, like a parliamentary " order of the day," place all busi- ness before the conference in the order in which it is to be taken up. It ought to be printed and in the hands of every member, when that can be done ; or at all events copies should be type-written and placed in convenient places for members to see at any time. In the foregoing comments the writer has attempted to state the correct practice under each rule according to the recognized authorities on the procedure of legislative bodies, even if, in doing 80, he is sometimes at variance with the rulings of chairmen of the conference at different times. He must admit that these rules are neither satisfactorily arranged nor well framed, and that in inter- preting them one must meet the difficulties that arise from a code which mingles indiscriminately the common law of parliament of this country with certain rules of procedure in operation in the neighbouring republic, and on which we have not in Canada any authoritative common usage. The difficulty is increased by the fact that there is no reference to a text book to be followed in unprovided cases. Following the usual practice, then, reference must be had to the common law of parliament as explained in the first part of this work. PRESBYTERIAN COURTS. 207 III. CHURCH COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. 1. The deacons' court, p. 207. 2. The session, p. 208. 3. The presbytery, p. 208. 4. The synod, p. 209. 5. The general assembly, p. 209. 6. General rules of procedure and debate, p. 212. The several courts of the Presbyterian Church in Canada consist of: — The deacons' court. The session. The presbytery. The synod. The general assembly. 1. The Deacons' Court. The deacons* court is entrusted with the temporal afifairs of a congregation and is composed of the minister or ministers of that body, the elders and the deacons. The chairman is the minister, and in case of there being several ministers, they arrange as to the chairmanship, and generally act alternately. In the absence of the minister any member of the court may be called to the chair. The chairman, like the speaker of legislative assemblies, has only a casting vote. The clerk and treasurer must be members of the court. The minute book is signed by chairman and clerk. [a) In this compilation I use, as a rule, the indispensable Manual on " Rules and Procedure." by Rev. Dr. Reid, and W. B. McMurrich, Esq., Toronto, 1889, to which reference must be made in all doubtful cases. For Acts affectin^j Treabyterian Clmroh, see Dom. Stat. 1883; Bouriuot, p. 99. 208 COURTS OF THE PRESBYTEltlAN CHURCH IN CANADA. Meetings should be held at least once every tbree months, but one may be called at any time on the authority rf the chairman, or on requisition of at least three members of the court. 2. The Session. The session comprises the minister or ministers and elders of a congregation, and its special function is to promote the spiritual interests of the body. The chairman is called moderator, and is the minister ; or, if there are more than one, the ministers preside alternately, or as it may be arranged between them. When the moderator is absent, or does not deem it expedient for certain reasons to preside, he may appoint another to the position. The presbytery may appoint a temporary chairman when the moderator is dead or suspended. A clerk and treasurer are appointed by the session. The moderator and two other members constitute a quorum. The session appoints one of its members to represent it in presbytery or synod. Meetings are called by the moderator when he deems it necessary, or when enjoined by a superior court, or requested by one-third of the elders. The minutes, when read and confirmed (see below, p. 213), are duly signed by the moderator and clerk. 8. The Presbytery. The presbytery comprises ordained ministers within the ecclesiastical bounds, theological and other church professors, missionaries, elders, and others engaged in the church's work, or placed on the roll by special authority of the assembly. Its duties are, in general, to superintend the congregations and sessions within the ecclesiastical bounds. It is presided over by a moderator, a minister, who holds office for six or twelve months, and generally directs, like all other chairmen of public bodies, the business of the court. He has only a casting vote, and like the speaker of the senate, he may address the body, or even propose a motion, but in doing so be must leave the chair, and call another for the time being to fill his place. In his absence from the chair, his predecessor in office, or any other minister chosen by the court, THE SYNOD. 209 may preside over its deliberations. He cannot preside when he is personally concerned in any case before the court which in such an event must appoint another j^^o tempore, A clerk and treasurer are appointed by the body. The quorum consists of three members of whom two must be ministers. The regulations provide for the holding of meetings at stated intervals or such times as ita business demands. 4. The Synod. The synod comprises all the ministers and elders on the rolls of the presbyteries within its bounds. It has general oversight of the presbyteries. Thr chairman must be a minister chosen at each ordinary meeting by an open vote, and is also called moderator. The synod appoints a clerk and treasurer. The quorum consists of fifteen members, of whom at least eight are ministers, " provided the members present belong to more than one presbytery." The ordinary meetings are annual and may be adjourned when necessary. Other meetings can be called by the moderator or by requisition of at least fifteen members. 5. The General Assembly. The general assembly, the higliest court of the church, is called *' the General Assembly of the Presbyterian Church in Canada," and consists : (1) Of one-fourth of the whole number of ministers whose names are on the rolls of the several presbyteries of the church, and an equal number of elders. (2) When the number of names on the roll of a presbytery is not divisible by four, the fourth shall be reckoned from the next higher multiple of four. (3) Each presbytery elects its own repres(!ntative8 at an ordinary meeting held at least twenty-one days before the meeting of the general assembly. If any one thus elected resigns his commission, the presbytery may, at any subsequent meeting, held not less than eight days before the meeting of the general assembly, appoint another in his stead. (4) A preisbytery may appoint as its com- raissioncr to the general assembly an elder belonging to any other presbytery of the church, provided always that the person so B.M.P.— 14 210 COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. appointed is at the time an acting member of some session. (5) Ministers whose names are on the roll of a presbytery as ministers shall not be eligible to hold commissions as elders from their own or any other presbytery. (6) Each presbytery shall, through its clerk, transmit to the clerk of assembly, at least ten days before the assembly meets, a certified roll of the commis- sioners appointed at its ordinary meeting. A separate report of any commissions afterwards given to ministers or elders in place of such as may have resigned their commissions, shall be presented to the general assembly by the presbyteries as soon as convenient after the assembly has been constituted. (7) The roll to be called at the opening of the assembly shall be made up from the rolls of the several presbyteries, as transmitted to the clerk of the assembly, containing the names of commissioners appointed at least twenty-one days before. At its first session the assembly shall appoint a " committee on commissions," to which shall be referred reports of presbyteries regarding commissions issued at a later date and all matters aftecting the roll. On the report of this committee the assembly shall order such changes to be made in the roll as may be required. This amended roll is the permanent roll of the assembly. (8) Forty commissioners, of whom twenty-one are ministers, shall constitute a quorum for the transaction of business. But twenty commissioners who were appointed twenty-one days before, being met at the time and place appointed, may constitute the court, and adjourn from time to time until a full quorum is present. The general assembly meets once a year. As in other courts the moderator is always a minister (see abore, pp. 208, 209) . He must always open and close each meeting with prayer. His duties are to constitute the assembly in the first place. He maintains order, sees that the business is properly conducted, and that the minutes are correctly taken, announces decisions, signs all documents having the authority of the assembly, takes the vote, signs the minutes when confirmed, and exercises any other functions assigned to him by the court. If he wishes to take a part in debate^ or submit a motion he leaves the chair, and calls another GENERAL ASSEMBLY. 211 member of the court to take his place. Also, if he is a party in a call before the assembly, or if the presbytery or synod to which he belongs is a party, he leaves the chair, and with the approval of the court names another commissioner who takes his place, and for the time being has all the power and responsibilities of the office as moderator pro tempore. The moderator has only a casting vote in the case of a tie. The assembly has the services of two or more clerks appointed by itself. A committee on bills and overtures arranges the order of business, and is constituted of the clerks of assemblies, clerks of synods and presbyteries, who are commissioners (see abore, p. 210), together with one member nominated by each presbytery, and such other ministers and elders as the assembly may deem it expedient to appoint. It receives and reviews all papers intended for the assembly, and may refuse to transmit them if they are not regular (see Rules and Forms of Procedure, p. 31). It appoints its own convener and clerk. When the report of this committee, setting forth the order of business, has been approved by the assembly, it is at once printed like a parliamentary order of the day (see above, p. 29). It should be presented in all cases " not later than the fourth sederunt." Besides the foregoing important committee, the assembly appoints the following sessional and standing committees : On the records of synods and assembly. On classifying returns to remits. On the nomination of standing committees, of not less than two from each synod, and not more than four from any one synod. On commissions. On applications for the reception of ministers into the church. On applications for leave to retire from the active duties of the ministry. On special applications on behalf of students. Standing, whose duties are to conduct the business of the several depart- ments of the church during the year and report annually to the assembly. The reports of standing committees must be printed and presented not later than the third sitting of the assembly. 212 COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. Every other committee may report at any sitting after the confirmation of the minutes, and its final report must he made before the closing of the assemhly. It appoints its own convener and clerk unless the assembly chooses to do so (see rule 142, below); keeps minutes of its proceedings, and reports in writing, as in parliament (see ahovef p. 51). Committees, as in parliament, cannot sit while the assembly is sitting (see rule 143, below). The standing orders provide for a committee to prepare the business of the first sitting of the assembly, consisting of the clerks of the general assembly, the clerks of synods and presbyteries, who may be commissioners (see above, p. 210). They convene at the call of the senior clerk of the assembly, before the hour fixed for the meeting of the assembly. For standing orders regulating reports, papers, overtures, appeals, memorials, petitions, and committees, etc., see Rules and Forms of Procedure, pp. 30, 31. 6. General Eules of Procedure and Debate for Church Courts. The following is the code of rules which govern the debates and proceedings of the courts generally, with such remarks as suggest themselves to the writer : 138. " The moderator takes the chair at the hour appointed, calls the members to order, and constitutes the court with prayer." The duties of the moderator, who must be a minister, are stated briefly above, pp. 2io, 2i i, where reference is made to the several courts. These duties are those of all chairmen, and in all unpro\ ided cases he should be governed by the law of parliament (see aboTe^ p. 28). 139. " At the first assembling of the court the roll is called and the sederunt recorded. Members coming in afterwards have their names entered on reporting themselves to the clerk." This is a proceeding absolutely necessary in such bodies to show that the court is properly constituted. See proceedings of Church of England Synod, above, p. 149. The roll should be alphabetically arranged in an attendance RULES OF PROCEDURE AND DEBATE. 213 book, with a column for notice of attendance or absence, or other report necessary in each case. The several courts have rules respecting the rolls. The rolls called at the opening of the assembly are made up from the rolls of the several presbyteries, as transmitted to the clerk of the assembly. See rules no (6) (7) of Rules and Forms of Precedure. 140. " The minutes of last ordinary meeting and of all special meetings held in the interval are then read, and on being sustained are signed by the moderator. In the case of the general assembly and the synods the minutes of each sederunt are read at the beginning of the sederunt following." When the minutes are read, then is the time to make corrections, but no general debate can be allowed (see above, p. 11). For mode of keeping minutes, see beloiv, p. 221. 141. ** All reports and other papers intended to be brought before the court are called for and are received bv the clerk. A docket of business ii then prepared, consisting (1) of business arising out of the minutes ; (2) of new business ; and the order in which the several matters shall be taken up is determined. In the synods and general assembly the papers are given by the clerks to the committee on bills and overtures, who arrange the docket and prepare an order of business for the approval of the court." All reports and papers should be endorsed by the clerk with a short note showing nature of each paper. The order of business should clearly indicate nature of each matter to be considered. For duties of commitees on bills and overtures, see aboi'C^ p. 211. 142. '* The moderator nominates all committees of the court, unless they have been appointed by special rule or resolution of the court. If the convener is not named, the first named member of the committee is convener, and, in his absence, the second named." See for parliamentary law respecting committees, abo7'e, pp. 48-51. For standing orders of assembly appointing and regulating committees, abai'e, p. 21 1. 143. " Committees may not meet nor continue in session while the court is sitting, unless leave has been granted by the court." For same parliamentary rule, see above, p. 50. 214 COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. 144. ** The courts of the church, except the sessions, are open courts ; but on motion made any court may sit with closed doors. This is commonly done when matters affecting character, which should not be made public, are under consideration," This is also a parliamentary practice. In the two houses it is usual to bring up matters of internal economy, or other questions of a distinctly private nature, after prayers and before the speaker gives orders to open the doors. On such occasions the rules of debate are not adhered to, but the house is practically m committee of the whole. 145. "A member of the court ought not to withdraw from attendance without leave. If he does so he cannot dissent from anv decisions of the court arrived at in his absence." See parliamentary rule, ad07'c, p. 28. 146. "The moderator is charged with seeing that the minutes record correctly the proceedings of the court." As the moderator signs them, like the speaker, he is of course responsible for their correctness. As a matter of fact, everything depends on the fidelity and ability of the recording clerk. See adove, pp. 11, 122, for rules governing a clerk in keeping minutes and records. 147. " The clerk of a superior court, on receipt of papers from a lower court, endorses on them the date of reception, numbers the papers, and authenticates them by his signature or initials." Necessary as a matter of convenience and for the orderly discharge of public business. In the house of commons such is abvays done by the proper officer. 148. ** Clerks of the courts are entitled to receive payment for extracts from the records and copies of papers furnished to individuals, at the rate of ten cents for every hundred words or fraction thereof." A rule of internal economy. The disposition of such fees is a matter of internal arrangement. 7. Rules of Debate. 149. " When any business has been introduced, and is before a court, it is desirable that no other business be taken up until that which is before the court has been issued." A matter of necessity in all public bodies. RULES OF DEBATE. 215 150. " No discussion is in order until a motion is before the court. Speakers should confine themselves to the matter referred to in the motion, and if they depart therefrom they may be called to order." A motion is not before the court or assembly unless it is written, seconded, proposed or read by the chair, and in the hands of the clerk. See next rule, 151, and parliamentary rule above^ p. 30. Relevancy is always necessary, above, p, 37. 151. ** Every motion or amendment shall be given in to the clerk in writing as soon as it has been made, and it cannot be dis- cussed until it has been duly seconded." Practically the parliamentary rule {above, p. 30) ; but the part referring to the writing of motions is not applied in practice to motions for the adjournment of house or debate, or for the previous question or such business motions as arise as a matter of ordinary routine and procedure in the course of proceed- ings (see above, p. 30). 152. '' After a motion or amendment is in the clerk's hand and discussion has commenced, it cannot be withdrawn or altered without leave of the court." This must mean a majority vote on a motion for withdrawal. The parlia- mentary rule requires a unanimous vote. See above, p. 31. 153. " When a question is under discussion, the motion before the court must be disposed of, and no other motion can be enter- tained unless to adjourn the court, to adjourn the debate, to lay on the table, to commit, to amend, or to take an immediate vote ; and these several motions have precedence in the order in which they are herein arranged." As to disposing of one question at a time, see above, p. 201. To adjourn the court (or house), see below, rule 154. To adjourn the debate, see above, p. 33. To lay on the table, see below, rule 1 5 5. To commit, see aboxfe, p. 37. To amend, see below, rules 157 and 158. To take an immediate vote, see below, rule 159. As to precedence, the meaning is, a motion to adjourn the court has precedence over the others, and to adjourn the debate over next, and so on (see 216 COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. above^'p. 201). A motion to adjourn is, however, regular at any time even when any of the motions mentioned are before the body. See ab(n>e^ p. 33, and rule 154, below. 154. ** A motion to adjourn is always in order, and is voted on without debate." This is the parhamentary rule (see above., p. 33), restrained by making the motion undebatable. It can be made whatever the question under considera- tion, whether an amendment or to lay on the table, etc., (see above^ rule 153), and is not amendable (see above, p. 33, where proper form of motion is also given). 155. " A motion to lay on the table is voted on without debate. If carried in the affirmative the subject to which it refers, together W''V the motion and pending amendments, remain on the docket and may be taken up at a subsequent sederunt, but only by resolu- tion adopted by a majority of the members of the court present." The vote must be taken as soon as it is moved and proposed from the chair, " That the question [here stated at length by the moderator] do lie on the table." This is the American rule, removing with the original question all the subsidiary and incidental motions (see abo7>e, p. 23). Under the rule as above, however, there is a limitation to the effect of the motion : it removes the subject and accom- panying motion from the consideration of the meeting only for the sitting at which the question was tabled. A resolution duly moved and adopted by a majority of the court present can reconsider the question. In effect, the motion is equivalent to the parliamentary proceeding which prevents a bill " being fio-ij read" a second or third time ; if not " now read " it can be taken up on a subsequent day, on a motion dulv made and adopted, to place it again on the paper for consideration at precisely the same stage where it was interrupted in its progress. 156. " Any subject with the motion and pending amendments may be referred to a committee to be considered and reported on." This is a parliamentary proceeding in principle, the effect being to withdraw a question from the consideration of the whole court until such time as the committee may report thereon. A committee should report in every case ; if it fails to do so, a member may move, "That the committee on [here state subject] do report forthwith to the court.'' See Bourinot, p. 743, and above, p. 50. « 167. ** A motion is amended by adding certain words or clauses thereto ; by striking out certain words or clauses ; by substituting RULES OF DEBATE. 217 other words or clauses for those in the resolution ; or by striking out all after the word '* resolved" and substituting another motion disposing of the matter in hand." The parliamentary procedure (see abovc^ p. 33). It" it be proposed to substi- tute a motion in amendment to a proposed resolutior,, the procedure followed by the moderator ought to be strictly (see ad(n>e^ p. 34), speaking, as follows : Mr. A. moves, seconded by Mr. B. "That it be resolved, that in the opinion of this assembly or court, etc." To this proposed resolution, Mr. C. moves, to strike out all the words after " resolved," and substitute the following motion •'That in the opinion of this assembly, etc." The parliamentary procedure which strikes out all the words after "That " seems preferable in practice (see abfl-'C, p. 34). It is assumed by the writer that an amendment must in all cases be on the same subject-matter as the original motion (see aborc, p. 33), excepting, of course, the subsidiary or dilatory motions mentioned in rule 153 above, which are not amendments in the real sense of the term. 158. "It is in order to propose an amendment to the first amendment, but no other can be entertained until the amendment to the amendment has been disposed of; when this has been adopted or rejected, other amendments to the amendments may be considered and disposed of one by one ; when these have all been disposed of, the first amendment is voted on in answer to the question, 'Shall the motion be thus amended — yea or nay?' If this is decided in the affirmative, the main motion is amended accordingly, and the discussion proceeds. Other amendments to the main motion are then in order. When all amendments have been disposed of, the motion, as then before the court, is put in answer to the question, * Shall this motion be adopted — yea or nay ? ' " This contain;? substantially the various parliamentary rules and usages, regulating motions and amendments, as explained above^ pp. 33-35. 159. " A motion to take an immediate vote is put without debate. If carried in the affirmative, the amendment or amend- ments pending are put to the court without further discussion ; then the main motion is voted on, and the subject is disposed of. If the motion is lost, the debate continues, just as if no such motion had been made.'' This is practically the " previous question " when undebatable, and brings a question and its subsidiary motions at once to a vote (see above^ pp. 14, 15). It 218 COURTS OF THE PUESHYTERIAX CHURCH IX CANADA. differs, however, from the parliamentary rule (see abine, p. 37), 163. " Every speaker addresses the moderator, and may not address any other member directly." For same parliamentary rule, in the interest of decorum and order, see iibove^ p. 38. 164. '* A member when speaking should not be interrupted, unless upon a call to order, or when the time has come for a special order of the day, or for adjournment of the court. When business is resumed the speaker who was interrupted has possession of the floor." This embodies, as respects a call to order, the parliamentary rule (see abtn'e^ p. 38). In other respects it is a special rule of the courts, intended to facilitate the progress of business. 165. " Any member who is dissatisfied with the ruling of the moderator may appeal to the court. The question of sustaining RULES OF DEBATE. 219 the ruling of the chair is then put by the clerk, and decided without debate." The parliamentary rule (see ab(n>c^ p. 39), with the exception that the clerk here puts the question. 166. ** When a member in speaking utters language which another member regards as offensive or censurable, the latter may require that the words be taken down by the clerk. After this is done, the speaker is allowed to proceed. The words so taken down may afterwards be considered by the court, and, if found censur- able, the speaker is dealt with as the offence may require. A party in a case, though not a member of the court, may claim this protection or incur this censure.'* This contains the gist of the parliamentary rule, the conditions of which should be followed, as explained abcn'e, p. 41. It will be seen from the refer- ence to parliamentary proceedings the moderator should not order the uordo to be taken down hastily but should be guided by the sense of the meeting : and if any one intervenes, or any debate ensues between the utterances of the objectionable words and the call to take them down, they cannot be entered. 167 " No member shall speak more than once to any motion, or amendment, unless by permission of the court, and in explana- tion or to correct mistakes. The right of reply, however, belongs to the mover before the final vote is taken on the main motion." This is practically the parliamentary rule (see abo7'e, p. 38) ; it may be assumed that any " permission to speak more than once to any motion " will be granted only under the conditions stated in the rule — or under such very excep- tional circumstances as justify the suspension for a moment of a wise regulation. 168. " The vote is ordinarily taken by a show of hands, but the moderator may ask members to vote by rising to their feet. At the final vote on the main motion, the roll may be called, if required by two members of the court. Ordinarily the state of the vote is not recorded, but this may be done in regard to any vote, if required by two members of the court." This is the ordinary procedure in all such bodies, to take the sense of the meeting. For voices, see ahoiiCy p. 41 ; for show of hands, see abcnie^ p. 70 ; for calling of roll, see ab(n>c^ p. 42. The following rules regulate other matters connected with a division. 220 COURTS OF THE PRESBYTERIAN CHURCH IN CANADA. 169. " Members should not, without good cause, decline to vote ; and, unless excused by the court from voting, all who do not vote are held as acquiescing in the decision of the majority." If a member for adequate reasons, declines to vote, it should be moved and agreed to, *' That Mr. A. be excused from voting on this question." By the specific rule given above, members have a serious responsibility thrown upon them if they are not excused. It is practically the parliamentary rule which, in effect, requires that every member who has heard the question put from the chair should vote ; the recognized exception being the vote of a member person- ally interested in a question. See abovc^ p. 43;/, for meaning of personal interest. 170. " When the vote is to be taken the doors are closed, and no further debate or remark is allowed, unless to correct a mistake in regard to the voting ; when this happens, the vote is taken anew." This is also practically the usage of parliament. Members can always ask to have the roll of votes called and mistakes corrected before the decision of the chair on the questioti under vote is finally given (see above^ p. 43). 171. ** In order to allow greater freedom in discussion, the court, when considering any particular matter, may, on motion duly seconded, resolve itself into a committee of the whole. On motion duly made, a chairman is appointed, and the moderator leaves the chair." This and the following rule embody in express terms the parliamentary jirocedure of committee of the whole, of which the usages are explained abin'i\ pp. 44-46. 172. ** While the court is in committee the motions considered are not recorded in the minutes, and members are at liberty to speak more than once on any motion. A separate minute of the proceeding is taken. When the committee rises its chairman presents a report to the committee embodying the result of the committee's deliberations, or he reports progress and asks leave to sit again." These are practically parliamentary usages; see afxn'e^ pp. 44-46 for proceedings in committee of the whole. OTHER PROCEEDINGS. 221 Petitions. The right of every member to present petitions and memorials to any church court is distinctly affirmed by rules 173 to 178 inclusive in the Rules and Forms of Procedure, pp. 35, 36. All such documents should be in proper form and expressed in respectful language. See parliamentary rules governing petitions, abovej pp. 62, 53. Other Proceedings. When the business of the assembly is ended, the minutes of the last sederunt are read and sustained [confirmed] . The moderator then addresses the court, and after praise and prayer declares the assembly to be dissolved, " indicts another assembly to meet at a time and place previously appointed by the court and closes the proceedings with the apostolic benediction (see p. 29, Rule and Forms of Procedure)." Any business " emerging " during the interval between the annual meetings of assembly is referred to a commission, composed of the commissioners (see aioir, p. 209), appointed to the last assembly, with the addition of one minister appointed by the moderator. Thirty- one commissioners constitute a quorum. The commission elects its own moderator, and must submit its minutes to be confirmed at the next general assembly (see Rules and Forms of Procedure, p. 29). Records. The rules of the courts (179 to 188 inclusive) also provide for the careful and correct keeping of their records. The number of each page must be written in words as well as figures, every page is signed by the clerk, and the record of each sitting or sederunt by the moderator and clerk. In case of the death or removal of the moderator or clerk, the record shall, when the minutes are confirmed, be signed in the presence of the court by the moderator 222 COURTS OF THE PRESBVfERIAX CHURCH IN CANADA. or clerk acting at the time, with a note of the cause. The time and place of each meeting must he fully stated in the minutes and also shortly indicated at the top of each page on the margin. A suitable margin is left on every page, and contains an index of each item of business — a breviat to a statute in fact. All numbers shall be given in words as well as in figures. No inferior court may erase or alter any part of its record after it has been confirmed unless by order of a higher court. All erasures, cancellings, interlineations, or other changes shall be noted in the margin with the initials of the clerk's name. No unnecessary vacant space shall be left between the minutes of sittings of a court. All these special regulations governing the record of the courts show the legal caution which govern the proceedings of these well administered assemblies of the Presbyterian Church of Canada. CONVENTION'S OF BAPTISTS ANI. OTHER RELIGIOUS BODIES, 223 IV. CONVENTIONS OF THE BAPTISTS AND OTHER RELIGIOUS BODIES. The following note from the Rev. D. M. Mihell, M.A., B. Th., Secretary-Treasurer of the Baptist Convention of Ontario and Quebec (a) explains itself : ** I send you a copy of our * Year Book ' (Toronto, 1892-93) but I do not think it is exactly what you want. As a convention we have no formal established rules such as obtain in other bodies. In all our deliberations we follow a programme previously arranged by the executive committee for each session, and are governed by ordinary parliamentary usage." Therefore, as in all cases, not provided for in the foregoing sections relating to the Church of England, Methodists, and Presbyterians, reference must be had to the first part of this work on parliamentary law and usage. {a) See for constitution of the Baptist Church in Ontario and Quebec, Domi- nion Statutes of 1889, chap. 105, and ' Baptist Year Book," p. 30. FIFTH PART. MUNICIPAL COUNCILS. I.— STATUTORY PROVISIONS IN ONTARIO RESPECTING COUNCILS AND THEIR MEETINGS. II.— RULES OF ORDER AND PROCEDURE OF THE COUNCILS OF TORONTO, AND OTHER CITIES OF ONTARIO. III.— PROPOSED CODE OF RULES FOR COUNCILS GEN- ERALLY. IV.— NOTE ON THE MUNICIPAL SYSTEMS OF THE OTHER PROVINCES OF CANADA. BMP. —15 GENERAL OBSERVATIONS. 227 I.— STATUTORY PROVISIONS IN ONTARIO RESPECTING COUNCILS AND THEIR MEETINGS. General obserratiovs, p. S27. Municipal or{ianization, p. 230. Vacancies j'n a council by resignation, etc., p. 23£. Vacancies in a council by disqualifica- tion, p. 233. Proceedings in case of faiiuic to elect a neic council, p. *.?^. The clerk; p. 234. Meetings of municipal councils in Ontario : election of warden, etc., p. 235. Duties of officers respecting oaths and declarations, p. 241. Conduct of business in Ontario councils: statutory provisions, p. 244- 10. Appointment of— (/) Court of revision, p. 24'7. {2) High school trustees, p. 248. (3) Representatives on a free library board, p. 250. (4) Local board of health, p. 251. (5) Treasurer, p. 252. (6") Assessors and collectors, p. 252. (7) Auditors, p, 253. (^) Valuators, p. 254. 11. By-laws, regulations and powera of Ontario councils, p. 254. 12. General provisions applicable to all municipalities, p. 255. 13. Explanations of the rules given in this part of this work, p. 257. 1. General Observations. Under the niDety-second section, s-s. 8, of the British North America Act of 1867, the legislature of each province of the Dominion of Canada has full legislative control over the municipal institutions of that province. It can amend, abridge, divide, restrain, and even abolish those institutions should it be necessary. Being the creation of a statute every municipal body is, as a legal consequence, strictly bound by the statute under which it acts and also by the general principles of the common law that may apply where the statutory law is silent. These municipal councils are the legislative and executive body by which the corporation exercises its powers. The jurisdiction of every council is confined to the municipality it represents, except where authority 228 STATUTORY PROVISIONS RESPECTING COUNCILS. beyond the same is expressly given by statute ; and the powers of every such body are exercised by its by-laws, when not otherwise provided for (see heloiv, p. 254). A by-law is, generall}^ speaking, the special law of the inhabitants of a corporate place or district, as distinguished from the general law of the province in which the municipality is situated and is consequently obligatory only over that particular place or district (a). While every province has a general law regulating its municipal system, there are also special statutes relating to the corporations of cities and towns. All councils, whether regulated by the general or a special statute, can be restrained in all the provinces, by the courts when their by-laws are in excess of their defined powers. The courts may also compel them to exercise their powers in special caseB. The legislature grants the municipal authorities certain powers and at the same time commits the proper exercise of those powers to the controlling care of the courts. It is in the province of Ontario that we find one of the most complete systems in the world. The municipal divisions of the province are known as county, city, town, village, township, union of counties, and union of townships, and the inhabitants of each such division form a body corporate whose powers are exercised by the council under the law (ss. 3-8) {b). The name of every such body corporate (except a provisional corporation) (c), is '* The corporation of the county, city, etc., of— as the case may be— (s. 5) and cannot be changed except by the authority of the legislature. This legal name should be used on all occasions aiul in all documents affecting the corporation (d). In the following pages I cite in full those sections of the Municipal Act which relate directly to the several councils after (a) See above, p. 109, for a wider definition of such by-laws extending them to the regulations of all corporate companieH. (b) See Consolidated Municipal Act, Out. Stat, of 1892, 55 V. c. 42 ; amended by 56 Y. c. .15. A useful work to consult is Harrison's Municipal Manual, 5th ed. by F. J. Joseph, Toronto. I give reference to sections of Act in all cases. (c) To be styled '• The Provisional Corporation of the County of , s. 6. (d) See Harrison, p. 13, note e. GENERAL OBSERVATIONS. 229 their election and are necessary to make their organization, and the procedure at tbeir meetings, as intelligible as possible. In the majority of other cases, I give simply the subject and number of sections, in order to make this summary of the municipal law convenient for all purposes of reference. For instance : For Formation of new Corporations see : Villciges, ss. 9-17. Towns and cities, ss. 18-26. Townships, ss. 27-34. Counties, ss. 35-37. Provisional County Corporations, ss. 38-52. Matters Consequent upon the Formation of New Corporations : By-laws to continue in force, ss. 53, 54. Debts and liabilities how affected, ss. 55-59, Officials and their sureties, how affected, ss. 60-63. For Municipal Elections see : Electors : Qualification of, ss. 79-87. Elections : Time and place of holding, ss. 88-q6. Returning officers and deputy-returning officers, ss. 97-101. Oaths, ss. 102-106. Proceedings preliminary to the poll, ss. 107-141. The poll, ss. 142- 161. Miscellaneous provisions, ss. 162-176. Vacancies in council, etc., ss. 177-186; see delow, pp. 232, 233. Controverted elections, ss. 187-208. Prevention of corrupt practices, ss. 209-222. For Qualifications of Members of Councils see : In each municipality, s. 73. Nature of estate to be possessed, s. 74. In new township where there is no assessment roll, s. 75. Where only one qualified person for each seat, s. 76. Disqualifications of judges, etc., s. "JT. Exemptions of certain officials and other persons, s. 78. Payment of members, ss. 231, 232. 230 STATUTORY PROVISIONS RESPECTING COUNCILS. 2. Municipal Organization. County, The council of every county consists of the reeves and deputy- reeves of the townships and villages within that county, and of any towns which have not withdrawn from the jurisdiction of the same^ and one of the reeves or deputy-reeves (by whom he is elected)^ is the head of the council, and called a warden (s. 64). City. The council of every city consists of a mayor who is the head of the same, and of three aldermen for every ward (s. 68). The mayor is elected by a general vote, and the aldermen by the electors of the respective wards. Town. The council of every town consists of the mayor or head of the same (elected by general vote), and of three councillors elected for every ward where there are less than five wards, and of two coun- cillors for every ward where there are five or more wards, and if the town has not withdrawn from the jurisdiction of the council of the county in which it lies, then a reeve shall be added ; and if the town had the names of five hundred persons entitled to vote at municipal elections on the last revised voters' list then a deputy- reeve shall be added, and for every five hundred additionpl names of persons so entitled to vote on such list there shall be elected an additional deputy-reeve. It is provided, however, that the council of every town, where there are less than five wards may, upon a petition of not less than one hundred municipal electors, pass u by-law reducing the number of councillors for each ward to two ; but such by-law, before it is finally passed, must receive the assent of the electors of the municipality as provided (a) in the general municipal law (s. 69). The law provides for the repeal of the by-law above-mentioned after two annual elections on the presentation of a petition to the council from not less than one hundred resident electors (s-s. 2, s. 69). (a) See bb. 293, et seq. MUNICIPAL ORGANIZATION. 231 Village, The council of every incorporated village consists of one reeve, or head of the same, and of four councillors. If there are in this division five hundred voters then it can have a reeve, a deputy- reeve, and three councillors. For every additional five hundred names, an additional deputy-reeve takes the place of a councillor, 8. 70. The election of reeve, deputy-reeve, and councillors is by general vote when the village is not divided into wards ; when so divided the councillors elect the deputy-reeve or reeves (ss. 93, 94). The election is the same in the township. Toivnship, The council of every township consists of a reeve, or head of the same, and of four councillors ; but if there are five hundred electors within the division it receives a reeve, deputy-reeve, and three councillors. For every five hundred additional names an additional deputy-reeve takes the place of a councillor (s. 71). For election, see remarks above on the village, which apply also to the township. Provisional Corporations. The reeves and deputy-reeves of the municipalities within a junior county, for which a provisional council is established under the law, are, ex officio, the members of that body (s. 92). The lieutenant-governor in council, after the formation of a provisional council under the law, appoints the time and place for the first meeting, and names a member to preside until a provi- sional warden is duly elected (ss. 38, 39). A provisional warden is elected by the council from among the members for one year (s. 40). The head of a Council. As previously shown the head of every county or provisional corporation is named the warden ; of every city and town, the mayor; of every township and incorporated village, the reeve (a). (a) For meaning of words, Mayor, Reeve, see Bourinot's " Local Government in Canada," Roy. See. of Can. Trans., 1886. 232 STATUTORY PROVISIONS RESPECTING COUNCILS. These several heads are chief executive officers (/>) of their respec- tive corporations. Sections 38-40, and 225-227 provide for the election of warden (see below, pp. 238, 239); ss. 93, 107, et scq., provide for the nomination and election of mayor and reeve. 3. Vacancies in a Council uy Resignation, etc. Any mayor or other member of a council may, with the consent of the majority of the members present, to be entered on the minutes of the council, resign his seat in the council (s. 179). In case the office of mayor of a city or town becomes vacant after the first day of December in any year, and an election to fill the vacancy has not been ordered by the court or a judge, the council may either direct that an election be held to fill the vacancy, or may elect one of their number to fill the office during the residue of the term (s. 182). The warden of a county may resign his office by verbal intima- tion to the council while in session, or by letter to the county clerk if not in session, in which cases, and in case of vacancy by death or otherwise, the clerk shall notify all the members of the council, and shall, if required by a majority of the members of the county council, call a special meeting to fill such vacancy (s. 180). If a warden resign by verbal intimation, the fact of such resignation should be duly entered on the minutes, as in analogous cases in the house of commons (see Bourinot, p. i8i). In case of resignation by letter, it would be also well to adopt the parliamentary form substantially as follows : — " To clerk of the county council of : " I , warden of the county of do hereby resign my office as warden for the county aforesaid. Given under my hand and seal at this day of , 1 8 . [L.S.] Witness : The person thereupon elected shall hold his seat for the residue of the term for which his predecessor was elected, or for which the office is to be filled (s. 183). (b) See 8s. 243. 244. VACANCIES IN COUNCILS BY DISQUALIFICATION, ETC. 233 4. Vacancies in Council by Disqualification, etc. If after the election of a person as member of a council lie is convicted of felony or infamous crime or becomes insolvent within the meaning of the Insolvent Acts, or applies for relief as an indigent debtor, or remains in close custody, or assigns his property for the use of his creditors, or absents himself from the meetings of the council for three months without being authorized to do so by a resolution of the council entered in its minutes, his seat in the council shall thereby become vacant, and the council shall declare the seat vacant and order a new election (s. 177). If a member should wish to absent himself for three months, he should ask formal leave from the council. This formal leave should be expressed in a resolution duly proposed and agreed to, "That Mr. A. have leave to absent himself from the service of the council for the space of three months from ," i^ive date). If a member should be absent for three months, without leave, attention should be called to the fact by the clerk, or a member in his place. It would be well in this or other cases given in the section, if a commit- tee of the council were chosen as in parliament to inquire into the alleged disqualifications and probable vacancy ; antecedent to any proceedings required by law. See Bourinot, pp. 141, 142, for case of senators absent for two consecu- tive sessions. When there is no question as to the facts, then the vacancy may be declared. As a rule, however, members who are disqualified will resign by letter. The next section provides a remedy in cases of members omitting to vacate their seats under the law. In the event of a member of a municipal council forfeiting his seat at the council or his right thereto, or of his becoming disqualiUcd to hold his seat, or of his seat becoming vacant by disqualification or otherwise, he shall forthwith vacate his seat, and in the event of his omitting to do so at any time after his election, proceedings by quo xcarranto to unseat such member, as provided by sections 187 to 208, both inclusive, of this Act, may be had and taken, and such sections shall, for the purposes of such proceedings, apply to any such forfeiture, disqualification or vacancy (s. 178). Sections 181, 184 and 185, provide for holding new elections in cases of persons neglecting or refusing to accept office or to make the necessary declara- tions of office within the time required, etc. 234 STATUTORY PROVISIONS RESPECTING COUNCILS. 6. Proceedings in Case of Failure to Elect a New Council. In case, at an annual or other election, the electors, from any cause not provided for by sections 158 or 159, neglect or decline to elect the members of council for a municipality on the day appointed, or to elect the requisite number of members, the new members of the council, if they equal or exceed the half of the council when complete, or a majority of such new members, or if a half of such members are not elected, then the members for the precedirg year, or a majority of them, shall appoint as many qualified persons as will constitute or complete the number of members requisite ; and the persons so appointed shall accept office and make the necessary declaration, under the same penalty, in case of refusal or neglect, as if elected (s. 186). Sections 158 and 159 deal with cases of elections not commenced, or inter- rupted by reason of riot or other emergency, etc. 6. The Clerk. The law provides that every council shall appoint a clerk ; and the clerk shall truly record in a book, without note or comment, all resolutions, decisions and other proceedings of the council and, if required by any mer:^ber present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records, and accounts of the council, and shall preserve and file all accounts acted upon by the council, and also the originals or certified copies of all bj'-laws, and of all minutes of the proceedings of the council, all of which he shall so keep in his office, or in the place appointed by by-law of the council (s. 245). See beloWf p. 242, for declaration made by clerk on entering on duties of office. The council may by resolution provide that, in case the clerk is absent, or incapable through illness of performing his duties of clerk, some other person to be named in the resolution, or to be appointed under the hand and seal of such clerk, shall act in his stead and the person so appointed shall while he so acts, have all the powers of the clerk (s. 246). ELECTION OF WARDEN, ETC. 235 In other words there is to be a deputy-clerk. Ss. 247, 248 .ind 265 provide regulations for the inspection of minutes, assessment rolls, returns of statistics and other information by clerk, and need not be given in this work of procedure. The various duties assigned to the clerk and other officers must be sought in the statute itself. Councils by by- law generally regulate the duties of the clerk and other officers. See next paragraph and beloiu, p. 255. The clerk, while in office can only charge the council by acts within the scope of his general authority, or by such as the council beforehand directed or afterwards sanctioned ; Ramsay v. Western District Council^ 4 U. C. Q. B. 374. While in office he may amend an erroneous record (see Harrison, p. 181, note b). The law also provides for the appointment of a treasurer, asses- sors and collectors, auditors, valuators, on whose duties it is not necessary to dwell here. For appointment and duties of Treasurer, see ss. 249-253 ; also belou\ p. 252. Assessors and collectors, see ss. 254-257; also belou\ p. 252. Auditors and audit, see ss. 258-268 ; also below^ p. 253. \'aluators, s. 269 ; also beloiv^ p. 254. Duties of officers as » oaths, etc., ss. 270-277, see bclou\ pp. 241-244, given in full. Salaries, tenure of office, and security, see ss. 278-281. All officers appointed by a council hold office until removed by that body — in effect, during pleasure; (a) and must, in addition to the duties assigned to them in the Act perform all other duties required by them by any statute or by any by-law of the council (8. 279). Every clerk, treasurer, assessor, auditor, and collector, etc., shall, before entering on the duties of his office, make a declaration as prescribed by law (see belore, p. 288) according to the 240 STATUTORY PROVISIONS RESPECTING COUNCILS. by-law or regulation of the council for such elections. The council of the county of Simcoe require a ballot on such occasions as follows : "At the first meeting of the council for the election of warden, the clerk, or, in his absence, the person elected to take his place, shall, after calling the members elect to order, and as soon as a sufficient number of the members to elect a warden are within the bar, give fifteen minutes for nomination, and after the expiry of the said time, the clerk, or other person elected in his place, shall furnish to the members elect present slips of paper whereon the name of the person (being one of those nominated) for whom the member votes shall be written, the ballot papers shall be handed to the clerk, who shall (with two members of the council to be elected by him, not being nominees) proceed to count them, and if none of the candidates have a majority of the council, as required by the statutes, then the one having the lowest number of votes shall drop out, and the same vote shall take place again with the remaining nomi- nees until the required majority is obtained, the lowest number always dropping out. And in case the whole number of names shall be voted on without any of them obtaining the required majority, the clerk, or other person elected to take his place, shall allow fifteen minutes more for nominations when the same process is to be continued until some nominee obtains the required majority, and the person who gets said majority shall be declared the warden elect for the current year. All persons who have been voted on shall be eligible to be again nominated at any subsequent nomination." No council can elect by ballot except it has legal authority to that effect (a). As a rule in councils the election is by open voting by yeas and nays duly taken and recorded. For instance, the fifth rule of the council of Carleton county provides : " In the election of the warden, the names of the candidates shall be put in the order in which they are proposed — the yeas and nays to be recorded when required by any member." The clerk or presiding officer, in such a case, will call for nominations, and two members will respectively move and second, ** That Mr. A. be warden for the present year." Then the presiding officer will put the question on this motion. If it is carried by the requisite majority — (see aboce, p. 238) — he is declared duly elected by the presiding officer; and when he has signed the declaration of office (see above, p. 242) required by law as the first legal proceeding after his election, (a) See below, p. 382, where, in a note to proposed code of rules, the legality of taking a ballot for warden, as in Simcoe, is questioned. DUTIES OF OFFICERS — OA.THS AND DECLARATIONS. 241 whatever may be the mode of election, he is conducted to the chair by the mover and seconder, and thanks the council for the honour conferred upon him (for same parliamentary usage see alore, p, 28). If the first candidate is not chosen, then nominations are made and voted upon until there is an election under the law (a). If there is an equality of votes (including tliose of the reeve or deputy-reeve), and the clerk is presiding officer,, there is no election, and another nomination must be put to the meeting. If in such a case the presiding officer is a reeve or deputy-reeve of the municipality, who comes under the conditions of section 227 (see above, p. 239), he has a second or casting vote. In a council where the election is by ballot, the same reeve or deputy-reeve would also be called upon to give a casting vote in case of an equality of votes (but see below, p. 882 n). For proceedings at an inaugural meeting of a city council elect, see below, p. 264. The subsequent meetings of the county council, and all the meetings of every other council shall be held at such place, either within or without the municipality^ as the council, from time to time, by resolution ou adjourning, to be entered on the minutes, or by by-law, appoints (s. 229). The council of any county or township in which anj' city, town or incorporated village lies, may hold its sittings, keep its public offices, and transact all the business of the council and of its officers and servants within such city, town or incorporated village, and may purchase and hold such real property therein as may be convenient for such purposes (s. 230). Ss. 231 and 232 provide for limited remuneration to councillors and com- mittee ; also for payment of heads of council as may be determined. 8. Duties of Officers Respecting Oaths and Declarations. By section 270 — (1) Every person elected or appointed under this Act to any office requiring a qualification of property in the incumbent shall, before he takes the declaration of office, or enters {a) See new rale suggeuted heloxc, p. 382, for such proceeding* B^.p,— 16 242 STATUTORY PROVISIONS RESPECTING COUNCILS. on his duties, make and subscribe a solemn declaration to the effect following : I, A. B., do solemnly declare that I am a natural born {or naturalized) sub- ject of her majesty and have and had to my own use and benefit, in my own right {or have and had in the right of my wife, as the case may be), as proprietor {or tenant, as the case may be\ at the time of my election {or appointment s. 239). This section is intended to meet cases where none of the persons mentioned in the preceding section 238 is present. When elected, the presiding officer may be designated as "Mr. Chairman" or "Mr. President," as it may be thought proper by the speaker. He will be appointed on motion duly made and put. In case of more than one nomination, the parliamentary rule should obtain in the absence of a special rule of a council (see abo7'i\ p. 27). Sub-section 2 of the section provides that such presiding officer can also act as police commissioner in the place of the mayor. If the person who ought to preside at any meeting does not attend within fifteen minutes after the hour appointed, the members present may appoint a chairman from amongst them- selves, and such chairman shall have the same authority in pre- siding at the meeting as the absent person would have had if present (s. 240). In the commons the deputy-speaker leaves the chair when the speaker returns. When the permanent chairman of committees is absent, but comes in before ihe committee to which a temporary chairman has been APPOINTMENT OF COURT OF UEVISIOX. 24'7 appointed has closed its business, the latter retires and the former assumes his proper place. It may be assumed a similar practice would in any case obtain in a council. The head of the council, or the presiding officer or chairman of any meeting of any council, may vote with the other members on all questions, and any question on which there is an equality of votes shall be deemed to be negatived (s. 241). This practice still e.xists in the hcuse of lords and the senate of Canada as well as in the upper houses generally of the legislatures, and a question on which there is an equality of votes, Semper prwsumitur pro ncgante^ "it is deemed to be negatived " (see Houiinot, p. 453). The head of the council may or may not vote ; it is a right to be exercised within his own discretion. In a note {ni) Harrison, p. 178, recalls the fact that the Act recognizes an exce|)tion to the rule with respect to an equality of voices ; and that is, in the case provided for by s. 227, abovi^ p. 239 (election of head of a county council). See also ss. 515, 516 of the Municipal Act with reference to appropriations for improvements in a county of a union. Whenever any such measure is brought before the council of the united counties " noviebut the reeves and deputy-reeves of the county to be affected by the meaiare shall vote ; except in the case of an equality of votes, when the warden, whether a reeve or deputy-reeve of any portion of the county to be affected by the measure or not, shall have the castmg vote" (s. 516). Every council may adjourn its meetings from time to time (8. 242)/ If a meeting is adjourned, either ordinary or special, the business for which it was originally convened can be considered without additional notice at the ''djourned meeting. In fact, the latter meeting is simply a continuation of the fiiSt. The object of adjourning would necessarily be to finish the business which the meeting was called to transact in the first place (see as to legal rights of adjourning meetings, AVa* v. //^^rr/V, i H & Ad. 936; Scaddingv. Lorant, 3 H. L. Cas, 418 : also ahoi'c^ p. 120, where shareholders' and companies' meetings are concerned). 10. Appointment of Court of Rrvision, Hkih School Trustees, Rkpreskntatives on Free Library Board, Local BoAP.i) OF Health, Treasurer, Assessors, Collectors, Auditors, Valuators. I. Court of Revision. — The various Assessment Acts of the legislature of Ontario governing the municipalities of the province 248 STATUTORY PROVISIONS RESPECTING COUNCILS. were consolidated in 1890 (see 55 Vic. c. 48). By this Act (ss. 55, et seq.), every council has the right to appoint five of its members to be a court of revision. If the council consists of only five members, then these shall constitute the court. In any city having a population of 40,000 or over, the county may pass a by- law appointing in each year, as the court, three persons, none of whom shall be a member or in the employ of the council, and may provide for the remuneration of these officers. This court, on proper application, has the duty of revising the assessment rolls in each local municipality. Its functions are judicial, and limited by the statute which constitutes it. Appeal lies to the county judge not only against its decision but also against any omission, neglect or refusal to hear a complaint under the law. 2. High School Trustees.— By the High Scbools Act (consoli- dated in 1891, c. 57, ss. 11, 12), the councils of the municipalities have the right to appoint at least six trustees, which form a high school corporation. In the case of high schools situated in any municipality within the jurisdiction of the county, the county council appoints three, and the municipalities composing the high school district appoint additional members as follows : — (1) Where a high school district is composed of one munici- pality, the council thereof shall appoint three additional trustees ; where a high school district is composed of two municipalities, each municipality shall appoint two additional trustees ; and where a district is composed of more than two municipalities, each municipality shall appoint one additional trustee. Any portion of a municipality assessed for $50,000, included in a bigli school district, shall be considered a municipality for the purposes of this section. In every case one of the trustees appointed by the county council and one trustee in each municipality composing the high school district shall retire each year ; (2) Where a high school district is composed of a county, the county council shall appoint six trustees for such district, two of whom shall retire every year ; (3) In cities and towns separated from the county, the council thereof shall appoint six trustees for each of the high schools of APPOINTMENT OF HIGH SCHOOL TRUSTEES. 249 such city or town ; where the high schools in a city do not exceed three in number, the council shall appoint six trustees for each high school ; and the trustees so appointed shall, with such additional trustees as are authorized by this Act, form one corporation. The council of every city and town shall, by by-law, provide for the annual retirement of so many of the trustees appointed by the council as shall secure a complete rotation every three years ; (4) "Where the trustees of any high school situated in a city or in a town separated from the county, notify the county clerk that such high school is open to county pupils on the same terms as high schools in the municipalities not separated from the county, the county council may, from time to time, appoint three additional trustees of and for such high school as long as the school is open to county pupils on the terms aforesaid ; (5) The separate school board of the city, town, or incorporated village in which a high school is situated, may appoint one trustee of and for such high school board, who shall hold office for one year, provided always, in the case t^ a board of education, that such trustees shall not take part in any of the proceedings affecting the public school ; (6) Except in the case of a board of education, the public school trustees of every city, town, or incorporated village in which a high school is situated, may appoint annually one trustee of and for such high school board, who shall hold office for one year. Vacancies arising from the annual retirement of trustees shall be filled at the first meeting thereof after being duly organized in each year by the municipal councils or by the boards of trustees empowered under this Act to make the appointments ; and vacan- cies arising from death, resignation, or removal from the high school district or county, or otlierwise, shall be filled forthwith by the municipal council or board of trustees having the right of appointment, and the person appointed to fill such vacancy shall bold office only for the unexpired term of the person whose place lias become vacant (s. 12). 250 STATUTORY PROVISIONS RESPECTING COUNCILS. Any resident ratepayer 21 j^ears of age who is not a member of the council of the miinicipHlity or county in whicli the high school is situated shall be qualified to serve as a high school trustee, or as a member of a board of education (s. 12). 3. Representatives on free library board. — In any city, town, or village where the electors thereof have established a free library under the Free Libraries Act (see Rev. Stat, of 1887, c. 189, s. 3), the council has the right to appoint certain persons on the board of man- agement. This board shall be composed of the mayor of the city or town, or the reeve of the village, and three other persons to be appointed by the council, three by the public school board, or the board of education, of the municipality, and two by the trustees of the separate school, if any. 2. No person who is a member of the body entitled to appoint shall be qualified to he a member of the board of management. 3. Of the representatives appointed by the council, and the public school board, or board of education, and separate school trustees, respectively, one shall retire annually, but may be reappointed. 4. Of the three members first appointed by the council, and public school board, or board of education, respectively, one shall hold office until the first day of February after his appointment, one until the first day of February in the following year, and one until the same day in the year next thereafter ; and of the two mombers first appointed by the separate school trustees, one shall hold ofiice until the first day of February after his appointment, and one until the first day of February of the following year ; but every member of the board of management shall continue in office after the time named until his successor is appointed. 5. In case of a vacancy by death or resignation of a member, or from any cause other than the expiration of the time for whicli he was appointed, the member appointed in his place shall hoM office for the remainder of his term. 6. Subject to these provisions, each of the members appointe«l by the council, or public school board, or board of education, shall APPOINTMENT OF LOCAL BOARD OF HEALTH. 251 hold office for three years from the first day of February in the year in which he is appointed ; and each of the members appointed by separate school trustees, for two years from the first day of February in the year in which he is appointed. 7. The first appointment of members of the board shall be made at the first meeting of the appointing council or board, after the final passing of the by-law. The annual appointments there- after shall be made at the first meeting of the appointing council or board, after the first day of January in every year ; and any vacancy arising from any cause, other than the expiration of the time for which the member was appointed, shall be filled at the first meeting thereafter of the appointing council or board. But if for any reason appointments are not made at the said dates, the same shall be made as soon as may be thereafter. 4. Local board of health.— The Public Health Act (see Rev. Stat, of 1887, c. 205, ss. 39-40) provides for the annual appoint- ment by the municipal council of a local board of health com- posed : In each township and incorporated village, of the reeve, clerk and three ratepayers. In each town of less than four thousand inhabitants, of the mayor, clerk, and three ratepayers. In each city and town of more than four thousand inhabitants, of the mayor, and eight ratepayers. These members of the board must be appointed at the first meeting of a council after it has been duly organized. In case of a vacancy at any time, it shall be filled at the first meeting thereafter of the council. In case of the appointments not being made at the proper dates for some suflicient reason they must be made there- after as soon as possible. Two or more councils may, by concurrent by-laws, form one health district of their respective municipalities, and the members of the district board shall consist of three members of each muni- cipality included in the di.strict, viz., the head of the council, the 252 STATUTORY PROVISIONS RESPECTING COUNCILS. clerk, and one other ratepayer, not a member of tbe council, to be appointed by tbe council. For powers and duties, see £s. 48 ct seq. 5. Treasurer. — Every municipal council must appoint a trea- surer, who receives either a fixed salary or a percentage, and gives security (to be enquired into every year) before entering on the duties of his office. It is his duty to receive and safely keep all corporation moneys, and pay out the same as the law or the regu- lations of the council direct. In case of the death of a coun'.y trea- surer the warden ma3% by warrant under his hand and seal, appoint a treasurer jwo tempore for such purpose or purposes as the warden may deem necessary*, and he shall hold office until the next meet- ing of the council. Security must also be given in this case. For duties in full, etc., see ss. 249-253 of Municipal Act. For declaration on assuming office, see above, p. 242. For salaries, tenure of office and security, see ss. 278-281. 6. Assessors and Collectors. — The council of every city, town, township and incorporated village shall, as soon as may be convenient after the annual election, appoint as many assessors and collectors as the assessment laws from time to time authorize or require. No member of the council can act in this capacity. All vacancies must be filled up as soon as possible. The council of a city 01 town may, instead of assessors, appoint an assessment commissioner, who, in conjunction with the mayor for the time being, shall, from time to time, appoint such assessors and valuators as may be necessary. These several officers, commis- 8ioner, assessors and valuators, constitute a board of assessors to perform all the duties of assessors under the law. They hold office at the pleasure of the council (see the Municipal Act, ss. 254257). By the Consolidated Assessment Act (55 Vic. c. 48, s. 12) the council of every municipality, except counties, shall appoint such number of assessors and collectors as may be deemed necessary, but no such officer can also act as clerk or treasurer. APPOINTMENT OF ArDITOR.S. 253 For duties of assessors in full see ss. 14 ci seq. of Assessment Act. For collectors and their duties, see ss. 122 et seq. of Assessment Act. For declaration on assuming duties of office, see ahore, p, 242. For salaries, tenure of office and security, see ss. 378-281. 7. Auditors. — Every council at its first meeting after organiza- tion, shall appoint two auditors, one of whom shall be such person as the head of the council nominates, but no one who, at such time, or during the preceding year, is or was a member, or clerk or treasurer of the council, or who has, or during the preceding year liad, directly or indirectly, alone or in conjunction with any other person, a share or interest in any contract with or on behalf of the corporation, except as auditor, shall be appointed to the office. In case of an auditor appointed as above, being unable or refusing to act, the head of the council must nominate another person in his place, but he must not be in the employment of the head of the council. The council of any city may pass a by-law appointing its auditors in the month of December of each year, but the provi- sions of existing law as to the appointment, as stated above, shall also apply to the audit of the accounts of such city. In case of a vacancy at any time, the council of a city may proceed at once to till such vacancy by by-law. The auditors shall examine and report upon all accounts affecting the corporation, or relating to any matter under its control or within its jurisdiction for the year ending on the 31st December preceding their appointment. In cities and towns the council may also appoint an auditor who shall, daily or otherwise as directed by the council, examine, report and audit the accounts of the corporation, in conformity with any regulation or by-law of the council ; and in other munici- palities the auditors shall also, monthly or quarterly, if directed by by-law, examine into and audit the accounts of the corporation. The law makes special provision for the city of Toronto (see below p. 357) and also enacts that auditors appointed in that city, and under the general provision allowing the appointment in cities in December (see above), shall every month, commencing at 254 STATUTORY PROVISIONS RESPECTING COUNCILS. the end of the first month in the year following the said month of December, and so on to the end of such 3'ear, examine and report upon all accounts affecting the corporation or relating to any matter under its control, or within its jurisdiction. See for law in full respecting auditors. Municipal Act, ss. 258-268. For declaration of office, above, p. 2i3. For salaries, tenure of office and security, see ss. 278-281. 8. Valuators. — The council of every county may appoint two or more valuators for the purpose of valuing the real property within the county, and the valuation, as made under the direction of the council in every fifth year at furthest, shall be made the basis of equalization of the real property of the council for a period not exceeding five years. The valuators cannot exceed the powers possessed by assessors. The council may extend the said period, at or before its expiration, for a term not exceeding five vears further. See Municipal Act, s. 269. For appointment by by-law of valuators, pound keepers, fence viewers, overseers of highways, road surveyors, road commissioners, game inspectors and other officers necessary in the affairs of the corporation, and for regula- ting by by-law their remuneration, fees, charges and duties, see s. 479, s-8. 2, 3. For appomtment in cities, s. 255, see above, p. 252, under head of " assessors and collectors." Also, for other pro- visions, Consolidated Assessment Act, s. 79, s-s. 8, and s. 81. 11. By-laws, Rkgulations and Powers of Ontario Councils. The law expressly provides that the powers of every council *' shall be exercised by by-law when not otherwise authorized or provided for " (s. 282). Every council may also make regulations not specifically provided for in this Act, and not contrary to law, for governing the proceedings of the council, the conduct of its members, the appointing or calling of special meetings, and gener- ally such other regulations as the good of the inhabitants of tlie municipality requires, and may repeal, alter or amend its by-laws, save as by this Act restricted (s. 283.) Every such by-law to PROVISIONS APPLICABLE TO ALL MUNICIPALITIES. 255 have legal validity must be under the seal of the corporation, signed by the head, or by the presiding officer of the meeting at which it was passed, and by the clerk of the corporation (s. 288). As the council of every municipality is a continuing body in law, it may on its election take up and carry on to completion any by-laws, reports and proceedings which had been under the consi- deration of the council previous to the meeting of the new body (s. 284). All thosa engaged in municipal legislation should bear well in mind the principles laid down so clearly in the notes to Harrison, from pp. 207-212, with respect to the effect of resolutions and by-laws. As it is well said, '* nothing can be more erroneous " than the belief that "a municipal body can do by resolution what- ever may be done by by-law." As set forth in the law ** the powers of the council shall be exercised by by-law when not otherwise authorized or provided for." In fact, as Harrison clearly points out, *' whenever a municipal council is in doubt whether it can or cannot do a particular thing by order or resolution, it would be much safer and wiser to use a by-law." Acting on this principle, in the absence of a legal authority to pass an order or resolution on a particular subject affecting the ratepayers and electors of a municipality, a council can hardly go astray. 12. General Provisions Applicable to all Municipalities. The following references to other parts of the Municipal Act which do not necessaril}' fall within the scope of this work may be useful : General Jurisdiction of Councils. Nature and extent, ss. 282-287. Respecting By-laws. Authentication of, ss. 288-290. Objections by ratepayers, ss. 291, 292. Voting on by electors, ss. 293-328. Confirmation of, ss. 229-331. Quashing;, ss. 332-339- 256 STATUTORY PllOVISIONS llESPECTl\37if. POMCr. Vll. LACKS. Formation of, ss. 638, 639. Trustees, and election thereof, ss. 640-660. Duties of police trustees, ss. 661-670. 13. EXI'LANATIONS OF THE llULES GiVKN IN THIS Woi;K. As every council in the large province of Ontario with over 800 municipal divisions altogether has its own special ru^es for the conduct of its businctis as provided for in the section of the law just mentioned (see s. 283, above, p. 254), it is not possible within the limits of this work to do more than give examples of such rules as are in use in the councils of the several cities of the province — which rules are practically those in use in all municipal divisions — with such comments and references to the general parliamentary law in each case as seem necessary for an intelligent under- B.M.P. — 17 258 STATUTORY PROVISIONS RESPECTING COUNCILS. standing of every question. In all instances, the general index at end of this treatise, as well as the tables of contents at heads of the first or parliamentary part, and of the rules of the councils, will enable one to obtain information on every point that is likely to arise in practice. As a rule the respective councils have based their special codes of procedure on the rules of the house of commons of Canada, and the differences in practice are such as have necessarily arisen from the exigencies of business in bodies of a limited sphere and short sessions. Much stress has been laid on the previous question, reconsideration, laying on the table, postponement and such other questions of procedure, as letters to the writer from time to time show are not generally understood in the numerous public bodies of this country. Further on I suggest a code of rules which are based on the practical experience of these and other important councils and seem adapted to the orderly discharge of public business, while giving at the same time that uniformity of procedure throughout the province which is always desirable, and which is very easily given since there is really no variance in principle in the numerous regulations now in force. 11.— RULES AND ORDER OF PROCEDURE OF THE COUNCILS OF TOEONTO AND OTHER CITIES OF ONTARIO. 260 IILLES AND PROCEDUllE OF ONTAHK) CITV COUNCILS. II.— RULES OF ORDER AND PROCEDURE OF THE COUNCILS OF TORONTO, HAMILTON, OTTAWA. KINGSTON, LONDON, ST. THOMAS, STRATFORD, BELLEVILLE, ST. CATHARINES, GUELPH, AND BRANTFORD. Reference to Divisions of Subjects. 1. Ordinary meetinij* of Council, p. 262. 2. Special meetings, p. 264. a. Opening proceedinifg, p. 266. 4. Abaence of quorum, p. 268. 5. Duties of mayor, p. 270. 6. Rules of conduct and debate, p. 272. 7. Divisions, p. 278. H. Enquiries, p. 278. U. Admission of stranfjers, p. 278. 10. Conduct at adjournment, p. 280. 11. Suiipension of rules, p. 281. 12. Unprovided cases, p. 282. 13. Orders of the day, p. 283. 14. Motions in general, p. 286. 15. Dilatory motions, p. 290. (1) To commit, p. 290. (2) To amend, p. 290. (3) To lay on the table, p. 290. (4) 'To postpone to a certain time, p. 290. (.5) To postpone indefinitely, p. 290. (6) To adjourn, p. 290. (7) To move the previous question, p. 290. 16. The previous question, p. 292. 17. Amendments in general, p. 29 i. 18. Votinff on appointments, p. 296. 19. Division of a question, p. 298. 20. Final decision on questions, p. 298. 21. Motions ruled out of order, p. 298. 22. Privilege, p. 298. 23. Conduct of members on divisions, p. 300. 24. Reconsideration, p. 300. 25. Proceedings in committee of the whole. p. 302. 26. Bills and proceedings thereon, p. 306. 27. Petitions and communications, p. ;il'i. 28. .Appointment of committees, special nud standing, 316. 29. Number of members on standing ami select committees, p. 322. 30. Meetings of standing and select com- mittees, p. 326. 31. General regulations for conducting busijiess in standing and select com- mittees, p. 332. RULES AND PROCEDURE OF ONTA 10 CITV COUNCILS. 261 32. Special rnle>t of Titrnnto, London, (inelph, IleHt'ville, Kintfuton, Ottawa, Jliiniilton anil St. Cathannes relating to money appropriationg, civic officer* and committi'cx, p. 343. 33. Ottawa — (1) l)ntie» of rlfrk, p. 344. (3) Money appropriationg, p. 344. 34. Toronto — {I) K.recutive committee, p. 344. (:i) Works, p. 348. {3) Fire and liy lit, p. 349. (4) Property, p. 349. (.3) I'arkg and yardenii, p. 3-jO. {0) .Matters not specially appertain- in;i to miy committee, p. 3,'tl. (7) Money appropriations, accounts, etc., p. 3-jl. (5) Tenders, p. 3.jo. (9) Contracts by day labour, p. 363. (20) Frauds by contractors, }>. 356. (11) Reports of committees, p. 367. (12) Minutes of the council, p. 357. (13) Audit and auditors, p. 357. 35. London — (i) Committee No. 1, p. 358. (2) Committee No. 2, p. 359. (3) Committee No. 3, p. 360. (4) Treasurer, p. 361. (.5) Clerk, p. 361. (6) Engineer, p. 362. (7) Street commissioner, p. 362. (8) Cheques, p. 363. (9) Money appropriations, 363. 3(i Guelph — (J) Duties of standing committees, p. 363. (2) Payments, moneys, accounts, etc., p. 365. 37. 38. 39. 40. 41. Heller ille — (i) Special dutiei of standing com- mittees, p. 366. (2) Money appropriations, accounts, expenditures, contracts and improvements, p. 368. (3) Duties of clerk, p. 370. (4) Treasurer, p. 371. (5) City solicitor, p. 372. (6) Street surveyor, p. 373. Kingston — Payments and e.rpenditiires, p. 373. St. ( "athariuci — (1) Salaries, p. 374. (2) Accounts, p. 374. (3) Flections, p. 374. (4) Money appropriations, p. 374. Hamilton — Money appropriations, p. 374. Stratford — (1) Finance, assessment, license and printing committee, p. 375. (2) Board of works, p. 375. (3) Fire, gas, and water committee^ p. 376. (4) Market and police committee, p, 376. (5) Board of health and relief, p. 377. (6') Pa/7; and cemetery committee, p. 377. (7) Court of revision, p. 378. (8) Duties of treasurer, p. 378. (9) Duties of clerk, p. 378. (JO) Duties of officers and servants as to fees, p. 379. (11) Money appropriations, p. 379. 262 RULES OF TORONTO CITY COUNCIL. In the fitllowing pages I give on the Uft the Toronto rules in full, with such comments as are necessary below. On the right hand page will he found the rules of all the other cities. When a rule is the same as that of Toronto, I refer simply to its number, and in other cases I give it in full or in abstract. Figures in black {or Toronto Rule) on left hand, correspond with similar Jigures on right hand and are thus given to make the reference easier. TORONTO. 1. Meetings of Council. I. ** In all the proceedings had or taken in the municipal council of the corporation of the city of Toronto, the following rules and regulations shall be observed, and shall be the rules and regulations for the order and despatch of business in the council, and in the committees thereof." These rules and regulations are by-laws of the corporation, and as such have the weight of civic statutes, which can only be revoked or amended by other by-laws passed in due legal form by the council. See by-law 2-^5, •' to regulate the proceedings in the municipal council, etc.," amended by subsequant by-laws, mentioned where necessary hereafter. By-law 2431 has interpretation clauses ; bylaw 243(> relates to duties of clerk, treasurer, city engineer and staff, street commissioner, tiremen, city commissioner, collectors, and other ofticials (see Cons. By-laws, 18U0, amended in subsequent years by by- laws '2534, 2854, 2925, 2985, 3119, etc.). Urn "After its inaugural meeting the council shall meet every alternate Monday in the year, at the hour of seven o'clock p.m., unless otherwise ordered by special motion, or unless such Monday shall be a public or civic holiday, in which case the council shall meet at the same hour the next day following, which is not a public or civic holiday. ** The inaugural meeting of the new council in each year shall be opened with prayer, the officiating clergyman to be chosen by the mayor elect." [Continued on !>. m. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 263 In the following patjes I pire on the left the Toronto rules in fullf with such comments as are necessary below. On the right hand page icill he found the rules of all the other cities. When a rule is the same as that of Toronto, I refer simply to its number, and in other cases T give it in full or in abstract. Figures in black (or Toronto Rule) on left hand, correspond uith similar figures on right hand and , pp. 211, 243), previous to the meeting— the mayor before the county judge, and the members before the clerk, according to convenience. Unless this is done no member can take his seat (see above, p. 241). The fact of these legal preliminary requirements having been complied with is duly entered in the minutes of proceedings. A quorum being present (see bdoic, rule '») the mayor calls the meeting to order from his chair, and after prayers by an ordained minister, whom he has himself chosen, as provided in the rule, he delivers tlie inaugural address, which is always entered as an appendix to the minutes. On its conclusion he formally lays on the table the record of the legal declaration by the city clerk of the election of mayor and aldermen for the current year. Business is then taken up according to the orders of the day, which are printed (see bchiir, p. 280, rules 27 and 28), petitions are presented (see below, p. 314, rules 62 and ('.3), notices given (see belotn, p. 286, rule 31), and a committee of six members appointed on motion duly made and adopted to strike the standing committees for the current year (see below, p. 318, rule 67). The council then adjourns until a later hour (generally 2 p.m.), to receive and consider the report of the committee, which is adopted with as little delay as possible, with amendments, when necessary. Other business is then transacted, and the council adjourns.* Bee beluc, rule 3, as to the duty of clerk with respect to the giving of notice of all meetings. Adjournment. 2(1. " The council shall always adjourn at the hour of 11 o'clock p.m., if in session at that hour, unless otherwise determined by a vote of two-thirds of the members present." See by-law 3060 (1H<)2). This determination should be, strictly speaking, signified by a vote on a motion •' That tlie council do continue its sitting beyond 11 o'clock," but previous to the fixe. ^*i RULES OF O'lTAWA AND OTHER ONTARIO CITY COUNCILS. 265 In Belleville, on ever) alternate Monday, at half-past seven o'clock, unless otherwise ordered, or Monday is a public holiday, when the council shall meet at the same hour on the next day follow^in|[». In Hamilton, from the Ist October until 3l8t March, at half-past seven o'clock, and from 1st April until 80tli September, at eight o'clock p.m., on the second and last Monday of each month. In Kint^ston and St. Catharines, every alternate INIonday at H p.m., beginning with the first Monday after inauguration, unless otherwise ordered, or unless Monday be a holiday, when the council shall meet on following evening, at same hour. In Brantford, on every Monday, at seven p.m., unless otherwise ordered. In Stratford, upon the first and third Monday of each month, at half-past seven p.m., unless otherwise ordered, or Monday be a public holiday, when the council meet at tlie same hour on the following day. London rule 71) and Stratford rule 81 (o) provide that the " clerk shall not be required to give notice of the meetings of the council unless the day of meeting shall be some other than the day hereinbefore appointed in this by-law " (see above). No prayers are provided for in these cities by a special rule, as in Tortuito. Atljournntent. tld. London rule 5 ; Belleville rule 2. (Jttawa rule (i requires a majority of the members present to order a sitting beyond eleven o'clock p.m. Guelph rule 5 requires a twotliirds vote to sit after half-past ten p.m. Stratford rule 5 fixes half-past ten, unless otherwise determined by a vote of two-thirds of members present. No time Hxed in the rules of the councils of the other cities. 2. Special Mkktinoh. ' SI. Hamilton, rule '2. Hy the mayor, at such time as ho may deem re<{uiHite; ur.at the ree oom|>etent to consider or decide upon any matter at a special meeting unless inch matter has been fully explaineil in the notice calling the meeting." London, rule 'A By the mayor, at such time as he may r dfcide U|M*n any matter tCoilltllUtiil uu |). )IH,. 266 RULES OF TOKON'TO CITV COUNCIL. meeting whenever requested in writing to do so by a majority of the members of the council." It is tiie duty of the clerk (by-law 24:^0, s. 15 (1)), to qive notice to members of all meetings, at their residence or place of business, on the day previous to the meeting. See also above, p. 245, for s. 236 of Municipal Act. 4. " In case of the absence or death of the mayor, or head of the council, a special meeting may be summoned at any time by the clerk upon a special requisition to him signed by a majority of the members of the council." See above, p. 245, for s. 230 of Municipal Act. 8. Opening Puockedinoh. Jl. " As soon after the hour of meeting as there shall be a quorum present, the mayor shall take the chair, and call the members to order." [Continued on p. tifi- RULES OF OITAWA AND OTHER ONTARIO CITY COUNCILS. 267 at a special meeting, unless such matter has been fully explained in the notice calling the meeting; and the deposit in her majesty's post office at London of the postal card or letter summoning the meeting, addressed to the respective members of the council, shall be deemed sufficient service." See also below, p. 362, London, rule 72 (4), as to duty of clerk to give notice of all meetings other than regular ones. See Guelpb, rules 7-9, below. Kiugston. rule 1. By mayor, or at request, iu writing, of a majority of council — the latter obligatory on the mayor. St. Catharines rule 3 is the same as Kingston rule, with provision for a special notice, stating object of meeting. Belleville rule 3 is the same as Toronto rule, with the words added, " for the special purpose mentioned in the notice," as in St. Catharines rule above. Brantford. rule 5. By mayor, or clerk iu his absence, on the request of a majority of council. Stratford, rule 7. The mayor instructs the clerk to give twenty-four hours notice (written), which shall specify business, and none other can be transacted at that meeting. Special meetings cannot be called for general business. 4. Ottawa, rules 3, 4 and 5 — 3. By the mayor, or " whenever requested in writing so to do by a majority of the members of the council." In the latter case it is obligatory upon him, 4. In case of the absence or death of the mayor, or head of the council, '• by the clerk, upon a special requisition to him, signed by a majority of the members of the council." 5. " Notices of special meetings shall be served by the messenger upou each alderman personally, or by leaving the same at his usual place of abode." Ottawa rule 34 also provides that a special meeting may be closed to all persons e.xcept members and the clerk, whenever the council so declares by " a resolution in writing" — as all resolutions of a council should be. See also below, rule 98, p. 314, as to serving of notices and papers for special meeting. Guelph, rules 7-9. By the mayor, or o.i re<]uisition of a majority of council ; or in tlie absence of the mayor, by the clerk, on requisition of a majority of the same. All special meetings by a specific notice (as in the Hamilton rule) from the clerk tu each member, and no other businesH can then be taken up. All Huch notices muHt be carefully worded, and only the business therein set forth can be legally transacted. Sue above, p. I'JO, for analogous case. 8. Opknino Puockedinoh. H» Hamilton, rule 8 (at leant twelve members). London, rule 7 ; (^)ttawa, rule •'i Kingutoii.ruiuH; Helluville, rule (i ; (iuelph, rule 10 ; li ran tford, rule :{ ; Stratford, rtilu H. Ut. Cathurines, rule 4 (ten mumbars, including mayor or chairman). [CuiitiiiutKl oil p. MD. 268 ItULES OF TOllONTO CITV COUNCIL. A quorum must in all cases be a majority of all the members of the council, includint{ tlie mayor, or pre8ir the time appointed; and the clerk takes down the name8, ' provitliug always that if all tliememberb preHent remain until a quorum Ih made up thi'V may proceed with the bugineiis." St. ('alharines rule 1 adjourns until next day of meeting, if in fifteen minutoit uu (piorum (t«n inemberit). Brantford ruloii I and 'i adjourn until next day of meeting, if at half pa«t Huveii p.m. {i.e., in half un hour) no quorum; hour of adjuurumeut and nauieM mu«t be rctiordod in all auoh uatKit. |Ci*ntiiiue, for remarks on corrections and limitations to debate at such time, and on the duty of clerk in keeping minutes. By s. 15 (2), by-law 2136, " it is the duty of the clerk to attend all meetings of the council, and read the minutes and proceediu<,'8 thereof." See also below, p. 357, as to marginal references on minutes. See above, p. 235, as to the right of clerk to correct an inaccurate minute. 5. Duties of Mayor or other Presiding Officer. II, ** The mayor shall preserve order and decorum, and decide questions of order, subject to an appeal to the council, and in the absence of the mayor, the chairman shall have the same authority while presiding at the meeting as the mayor would have had if present." For same parliamentary rule, see above, p. 28. This rule should be read in connection with rule 10 below. See above, p. 31), for correct procedure in appealing from a decision of the chair on a question of order. lO. *• When the mayor is called upon to decide a point of order or practice, the point shall he stated without unnecessary cum* ment, and the mayor sliall cite the rule or authority applicable to the caHO." For Mamu parliamentary rule, Me above, p. 2H. A preitiding officer ihould sever argue, but give hiit decinion ■ucciuctly, and itupiiort it by a Himt'le reference to authorilicM. fCoutiuued on i*. m RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 271 Guelph rule 4 adjourns in fifteen minutes, till next regular meeting', if no quorum present ; names recorded. Brantford rule 37 also provides for an absence of quorum at any stage of the proceedings of the council : " When any order, resolution or question shall be lost by the council or committee breaking up for want of a quorum, the order, resolution or question so lost shall be the first business to be proceeded with and disposed of at the next meeting of such committee or council, under that particular head." See remarks p. 268, under Toronto, rule 7. Guelph rule 39 is the same as the Brantford rule 37 above. Minutes. Sm Ottawa rule 13. same as Toronto rule 8. London rule 10, Kingston rule 8, St. Catharines rule 2, Brantford rule 4, Belleville rule 8, Guelph rule 10, Hamilton rule 3, and Stratford rule 11, make reading of minutes of all meetmgs, regular and special, imperative as ^^non as chair is taken, and not at re<2ue6t of an alderman, as iu Ottawa and Toronto. Guelph council require confirmation and signing by the mayor or chairman. Brantford council require signing also by clerk. For duties of clerk in connection with minutes, see Ottawa, below, p. 344. 5. Duties op Mayor or 0THii.R Presiding Officer. 9. Iliunilton, rale 5 ; London, rule U ; Ottawa, rule 14 ; Kin^jston, rule 5 ; Guelpli, rule 13; Itrantford, rule 7; iJelleville, rule 9; St. Catharines, rule 5; Stratford, rule 1*2. Kingston rule 5 also provides that the appeal shall be made on a motion duly made and seconded. In the absence of such a special provision, any member can ask for an api)eal us a mutter of right under the law of parliauieut (see above, p. 39). 10. Hamilton, rnle5; London, rule 12 ; Ottawa, rule 19; St.Catharinei.ruleS; Belleville, rule 9 ; Brantford, rule 7 , Guelpli, rule 18; Stratford, rule 13. Kingston rule 7 requireii the presiding otHcer to state bin authority only when " revi8hes to vote. The rules of some councils provide that he may explain his vote (see oppo- site, Guelph, rule 15) — a parliamentary usa^e, iu fact {see above, p. 42). 12. *' If the mayor desires to leave the chair for the purpose of taking part in the debate or otherwise, he shall call on one of the aldermen to till his place until he resumes the chair." A very proper rule, as circumstances may arise when the mayor can, in the interests of the public, f»ive valuable advice and iuformatiou ; but he should refrain from doinfj so in ordinary matters, ai\d should in all ca'^es treat a question in a judicial spirit, that he may not weaken his authority as chairman of the council. This rule assumes that he will not take part in debate while in the chair, except, of course, to jjive his decision on a point of order or business. 6. Riles of Conduct and Debate. 13* ** Every member, previous to speaking to any question or motion, shall rise from his seat, uncovered, and shall address himself to the mayor." For same parliamentary rule (see nh:ivi', p. 37). He should say, " Mr. Mayor." or " Mr. (chairman." if there is another presiiiin>{ officer for tlie time being in tlie chair, and not refer to either by name. 14. '* When two or more members rise to speak, the mayor shall name the member who, in his opinion, first rose from his seat ; but a motion may be made that any member who has risen • be now heard,' or * do now speak.' " For (tame parliamentary rule, see abtn e, p. S7. 15. "Every member who shall be present in the council chamber when a question is put shall vote thereon, unless the council shall excuse him, or unless he be personally interested in the question, provided such interest is resolvable into a personal pecuniary profit, or is peculiar to that member, and not in coin* rCootiuued on t*- )i7^ RULES OF OTfAWA AND OTHER ONTARIO CITY COUNCILS. 273 11. London, rule 13; Ottawa, rule 15; Belleville, rule 10; St. CatharincH, rule 9. Hamilton council has no such rule, but it is assumed that the common law rule prevails, and the mayor bein{» a member votes as a matter of course, and has no casting vote in the absence of a special regulation allowing him that vote. The foref^oing remark applies to Kingston and Brantford councils. Guelph rule 15 simply provides that if the chairman " sees tit to exercise his right of voting on any (juestion," he may explain his vote, but otherwise he shall take no part in any discussion, and *' any question on which there is an equality of votes (in consequence of the mayor's or chairman's vote), shall be deemed to be negatived." 13. London, rule 14 ; Ottawa, rule 16 ; Stratford, rule 14. Kingston rule 6, Belleville rule 10, Guelph rule 15 (see above), do not permit the mayor to take part in debate while presiding, but he may do so when the council is in committee of the whole. Rules of St. Catharines, Hamilton ard Brantford are silent on the point. Hence the parliamentary rule should prevail, and except in explaining a point of order or business, he should only speak in committee of the whole. See opposite remarks. 6. RuLKs OF Conduct and Deb.^te. 13. Hamilton, rule 13 ; Guelph, rule 18 ; Brantford, rule 8; London, rule 15 ; Belleville, rule 11; Stratford, rule 15; St. Catharines, rule 10; Ottawa, rule 24. Kingston rule 9 adds a curious exceptional proviso, "may read sitting." In all cases in parliament, he should stand up, except incapacitated by some infirmity. 14. Stratford, rule 10; London, rule 10 ; Ottawa, rule 17. Guelph rule 19, Kingston rule 17, Brantford, rule H, and Hamilton rule 13, all provide simply that, " «hould more than one member rise at once, the mayor or presiding ofticer shall determine who is entitled to the floor." Belleville rule 12 allows an appeal to council after decision of presiding officer. 15. Stratford, rule 17; Hamilton, rule 10; London, rule 17; Ottawa, rule 32 ; Ivingston, rule 19; St. Catharines, ruleH; Guelph, rule 20. Belleville rule 13 is the name as that of Toronto and other cities given above, l>ut adds this: "and if any member presunt |>erHiHtH in refuiiing to vote, he shall bu recordeil as voting in th«< negative, or againitt the motion ur (|ueHtion before the council." ThiM is intended to make voting cunipulaory. M.M.f. — XH lOontlQusd on p. ITS. 274 RULES OF TORONTO CITY COUNCIL. mon with the interests of the citizens at large, and in such cases he shall not vote." For same parliamentary rule, see above, p. 42. See also above, rule 11, as 20, for first and ■subsequent offences, when any person has been convicted of disturbing or inter- rupting the proceedings, or behaving in a disorderly or riotous manner ; and in default of distress, a committal to gaol for not less than ten days. St. Catharines rule 18 orders that all offending persons, not members, be taken into custody "to await the decision of the council." Stratford rule 20 is the same as that of Toronto, as far as the end of the words, " such vote be rescinded." 10. Hamilton, rule 18, London, rule 21 ; Ottawa, rule 26 ; Kingston, rule 21 ; Belleville, rule 17 ; St. Catharines, rule 12 ; Guelph, rule 25 ; Brantford, rule 14 ; Stratford, rule 21. 20. Stratford, rule 22 ; London, rule 22 ; Ottawa, rule 27 ; Hamilton, rule 14 but without the limitation of time — a quarter of an hour — in the last sentence of the rules of the foregoing cities. Belleville, rule 18. Kingston, rule 22. "No member shall speak more tban once (and then not longer than ten minutes, unless permitted by the council), to the same questions except the mover, who shall have the right of replying, when all members choos- ing to speak shall have spoken, unless a member wishes to explain a material part of his speech, which may have been misconceived or misuuderstood, but then he is not to introduce new matter." The reply, it will be seen, is ouly permissible after debate is closed. The rule respecting explanations is the parliamentary usage (see above, p. 38). St. Catharines, rule 27. " No member shall speak longer than fifteen minutes nor more than twice on the same question, without leave from the council." Guelph, rule 21. " No member shall, withoiit leave of the council, speak longer than ten minutes, nor more than once on any ([uestion, unless in explanation of a material part of his remarks which may have been misunderstood, and then he shall not introduce new matter. The ^lumber proposing a question or motion may be permitted to reply." It would be exceptional, of course, for a member to speak after a mover is understood to have closed a debate, but unless tlio rule or usage so closes the debate, a member who has not already spoken niuy speak even then to the question. [Ooutiuaed on p. 979. 278 RULES OF TORONTO CITY COUNCIL. 7. Divisions. 21. "Upon a division of the council, the names of those who vote for and those who vote against the question shall be entered upon the minutes, not only in the cases required by law, but when- ever any member shall call for the yeas and nays." For similar parliamentary rule, and mode of taking a division, see abovey p. 41. All bodies of a deliberative or legislative character have a similar regulation. 8. Enquiries. 22. "All enquiries shall be in writing, and shall be handed to the clerk of the council at least two clear days before the day of the meeting at which such enquiry is to be made : and the answer to such enquiry shall also be put in writing and handed to the mayor or other presiding officer at least one hour before the meeting, and shall be read by him from the chair." For similar parliamentary rules, see above, p. 44. These enquiries should be, strictly speaking, answered in the order in which they are handed to and entered by the clerk. 9. Admission of Strangers. 23. " No person except members and officers of the council shall be allowed to come within the bar during the sittings of the council without the permission of the mayor/' A rule necessary for the preservation of order and the control of the members of every deliberative body. [Oontinned on p. 280. RULES OF OITAWA AND OTHER ONTARIO CITY COUNCILS. 279 Brantford rules 10 and 15 limit each member to five minutes in speaking, and a reply to the mover of a substantive motion only as in other cases. A member may, however, speak again in explanation or by special leave of the council. 7. Divisions. 31. London, rule 23; Ottawa, rule 36 ; Stratford, rules 23 and 74 (7) (see below, p. 335). Hamilton rule 19 makes the recording of names imperative, and not at the demand of a single member, as in other cases cited. Kingston, rule 16. " Yeas may be called for by any member." St. Catharines, rule 17. " Yeas and nays shall be taken upon a division." Brantford, rule 17. Names entered if demanded by one alderman. Belleville rule 19 adds to Toronto rule, •' immediately after the result of the vote is declared " — which seems unnecessary. Guelph, rule 27. " Previous to any question being finally put, any member may require that the names of the members voting for or against be taken down by the clerk and entered in the minutes." 8. Enquiries. 22. Ottawa, rule 31. Ottawa rule 30, Belleville rule 20, Stratford rule 24, and London rule 24, also state parliamentary rule in these words : " Questions may be put to the mayor or other presiding officer, or through him to any member of the council relating to any by-law, motion, or other matter connected with the business of the council, or the affairs of the city, but no argument or opinion is to be offered or facts to be stated except so far as may be necessary to explain the same, and in answering any such question a member is not to debute the matter to which the same refers." In Hamilton, Guelph, Brantford, Kingston and St. Catharines there is no such special rule, but parliamentary usage should prevail, as stated above. 9. Admission of Strangers. 23. Guelph, rule 2; Belleville, rule 19; London, rule 26; Ottawa, rule 19; London, rule 26 ; Ottawa, rule 33. In other cities none, but parliamentary usage prevails necessarily. See Guelph rule 3, p. 277, above, and St. Catharines rule 18, above, p. 277. with respect to disorderly conduct at a meeting. See below, p. 329, for Belleville rule GO, with respect to the admission of the public to committee meetings. Stratford rule 25 adds to Toronto rule the words : '* or other presiding oflficer, and when the doors shall be directed to be closed, all persons except the members and the clerk shall retire." [Continued on p. 9B1. 280 RULES OF TORONTO CITY COUNCIL. 10. Conduct at Adjournment. 24. " The members of the council shall not leave their places, on adjournment, until the mayor leaves the chair." A special rale, necessary for the maintenance of the order and the dignity of an assembly. 11. Suspension of Kules. 2»"5. ** No standing rule or order of council shall be suspended, except by a vote of two-thirds of the members present." A very necessary rule, if regulations are to have any value. It is better to have such a fixed rule than to allow unanimous consent to be asked ; that is too often granted in the Canadian parliament. 12. Unprovided Cases. 20. ** In all unprovided cases in the proceedings of council or in committee, the law of parliament shall be followed." A necessary rule for all deliberative and legislative bodies in Canada (see above, p. 6). It is with the view of meeting such cases that a digest of the principal rulea and usages of parliament have been given in the FinsT Part (pp. 27-57), of this Manual. 18. Orders of the Day. 27. " The clerk shall have prepared and printed for the use of members at the regular meetings of the council ' The General Orders of the Day,' as follows : — Ist, reading of minutes ; 2nd, original communications ; 3rd, presenting petitions ; 4th, enquiries [Coutinued ou p. BBi. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCIL.S. 281 10. Conduct at Adjournment. S4« London, rule 6 ; Ottawa, rule 23 ; Stratford, rule 6 ; Kingston, rule 43 ; Belleville, rule 5; Guelph, rule 30 ; St. Catharines, rule 3. In Hamilton and Brantford, none, but the same practice should prevail. 11. Suspension of Rules. 2«S* Belleville, rule 80; Stratford, rule 78; and London, rule 81, same as Toronto rule. Ottawa, rule 101, as follows : — " Any one or more of these rules and orders may be temporarily suspended by a vote of two-thirds of the whole council, but they shall not be repealed, altered or amended without one week's previous notice being given of the intended motion." Hamilton, rule 31, as follows : — '* Any one or more of these rules may be at any time temporarily suspended, with the consent of two-thirds of the members present, with exception of rule 28" respecting money votes (which see below, p. 374). Kingston, rule 41, same as Ottawa rule, with the addition that no rule can be* suspended after the week's notice, except with the consent of a majority of the xchole council. In St. Catharines, Guelph, and Brantford, no special rule ; consequently no rule can be suspended, except by unanimous consent. 12. Unprovided Cases. 26. Ottawa, rule 102. London rule 82, Guelph rule 17, Stratford rule 79, and Belleville rule 81, are the same, with the addition, " in such cases the decision of the mayor or other presiding officer shall be final and acquiesced in without debate." In other words, uo appeal is allowed in such a case. The other cities have no such rule, but the common law of parliament must bo necessarily followed. An appeal, however, will be allowed in the absence of a special rule like those of London and Belleville. 13. Orders of the Day. 8T« Hamilton, rule 8. ••Thebusinessof the council shall bo taken up in the fol- lowing order : — 1. Presentation of petitions and memorials. 2. Reading of the same by the clerk. 8. Presentation of reports from the standing committees, according to seniority, or special committees, according to date of appointment. 4. Third reading of by-laws. 5. Reference of memorials, or petitions by the mayor or [Continu«d on p. 233. 282 RULES OF TORONTO CITY COUNCIL. and answers thereto ; 5th, giving notice ; 6th, introduction and consideration of bills ; 7th, presentation and consideration of reports of the executive and other committees ; 8th, motions ; 9th, unfinished business." Every assembly must have some such order of proceediiif^, if business is to be (lone intelHgently. I give the orders of the day in all the other cities on the opposite page. [Continued on p. 281. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 283 presiding officers to their appropriate committees, without motion. 6. Considera- tion of the reports of the standing and special committees in the order in which they were presented, unless with the unanimous consent of the members present. 7. First reading of by-laws. 8. Consideration of any business of which notice has been given on a previous evening. 9. Second reading of by-laws, and their consideration in committee of the whole. 10. Notices, in writing, of intention to introduce any measure or resolution may be given at any time during the evening, and shall always be entered on the order of the day." Rule 9 also adds : *' No business of moment shall be determined upon until it has been reported upon by the appropriate committee, unless it may appear that the committee has neglected to fulfil its duty." London, rule 27. " The clerk shall prepare for the use of the members 'The General Orders of the Day,' for each meeting of the council, containing — 1. Con- firming minutes of the last meeting. 2. Original petitions and commuf.ioations. 3. Referring petitions and communications. 4. Reports of committees and con- sideration thereof. 5. Unfinished business. G. Enquiries. 7. Motions. 8. Giving notice. 9. Introduction and consideration of bills and by-laws." Ottawa, rule 37. " The clerk shall cause to be prepared and printed for the use of members at the ordinary meetings of the council, ' The General Orders of the Day,' containing — 1. Reading of minutes. 2. Original communications. 3. Petitions. 4. Referring petitions and communications. 5. Reports of com- mittees and consideration thereof. 6. Reports of officers. 7. Unfinished business. H. Introduction and consideration of by-laws. 9. Enquiries. 10. Answers to •luestions. II. Giving notice. 12. Motions." Kingston, rule 31 : — " 1. Calling roll by clerk. 2. Reading minutes. 3. Read- ing communications. 4. Reading petitions. 5. Reports. 6. Unfinished business. 7. Consideration of by-laws. 8. Motions." Belleville, rule 22. " 1. Reading of minutes. 2. Communications and j)etitions. 3. Referring petitions and communications. 4. Reports of committees. 5. Consideration of reports. 0. Enquiries. 7. Introduction of by-laws. 8. Con- sideration of by-laws. 9. Motions. 10. Unfinished business. 11. Giving Notices. 12. Orders of the day." Guelph, rule 11. " 1. Communications from the mayor or clerk. 2. Presen- tation of petitions and memorials, and reading of same by members or by the clerk. 3. Reference of the same by the mayor or chairman to the appropriate committee, or to the council for consideration. 4. Third reading of by-laws. rt. Presentation of reports from standing and select committees, and board of health, in the following order : — Finance and assessment — Water works— Board of works— Markets and public buildings— Fire, gas and water — Relief— Parks and shade trees- By-laws and licenses — Police — Railways— Cemetery — Hospital —Special or other committees — Board of health. 6. The consideration of the reports of standing and special committees, and board of health in the order in which they were presented, unless otherwise agreed to by the vote of two-thirds of the members present. 7. First and second reading of by-laws. 8. Consideration [Coutinued ou p. 285. 284 RULES OF TORONTO CITY COUNCIL. 2S. " At all special meetings of the council, ' The General Orders of the Day ' shall be prepared and printed when and as the mayor may direct ; and in default of such direction, then as provided in the last preceding section." In the Canadian houses of parliament there is a daily order of business issued with the journal of the previous day's proceedings. 2tt. " The business shall in all cases be taken up in the order in which it stands upon * The General Orders of the Day.' " For same parliamentary rule, see above, p. 30. If a single member objects to a departure from the order of procedure, the mayor or presiding officer must rule the objection well taken, and ask for a vote of two-thirds of the members present, under rule 2j {above, p, 280), which allows a suspension of the rules by such a majority. [Cuutiuued on p. 286. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 285 of by-laws in committee of the whole. 9. Consideration of any business of which notice has been previously given. 10. Consideration of any business introduced by members on motion." St. Catharines, rule 15. " All petitions, remonstrances, or other written applications to the council, shall be read by the clerk immediately after the readinj^ and confirmation of minutes [see above, p. 270] ; then shall follow here, in order, reports of committees, motions and bills." Brantford, rules 4 and 6. " 1. Calling of roll, 2. Reading of minutes. 3. Reception and disposal of communications. 4. Presenting, referring and disposing of petitions. 5. Presenting, referring or passing accounts. 6, Reception of reports of committees and action thereon. 7. Notices of motions. 8. J-irst, second and third reading of by-laws. 9. Motions of which notice has been given. 10. Motions and questions." Stratford, rule 20. " 1. Reading of minutes. 2. Business left unfinished at previous meetings. 3. Original communications. 4. Introdr.ction of bills. 5. Consideration of bills. 6. Petitions. 7. Referring petitio-i • ..ud communications. 8. Reports of committees and consideration thereof. 9. IiiU.juiries. 10. Giving notice. 11. Motions." 28. Ottawa, rule 38. See above, p. 207, with respect to Guelph, rule 9, Hamilton, rulp 2, p. 2G5 ; St. Catharines, rule 3. p. 267 ; Stratford, rule 7, p. 267 i Belleville, rule 3, p. 267 ; London, rule 3, p. 265 — all requiring a special notice of business to be twken up at such special meetings. S9. Ottawa, rule 39, and Belleville, rule 23, as follows : — " The business shall in all cases be taken up in the order in which it stands upon ' The General Orders of the Day,' unless otherwise determined by a vote of two-thirds of the members present." Stratford rule 27 adds to foregoing rule, " and without debate thereon." London, rule 28. " The business shall in all cases be taken up in the order in which it stands upon ♦ The General Orders of the Day,' unless otherwise deter- mined upon by a vote of two-thirds of the members present, and all questions relating to the priority of business shall be decided without debate." Practically the closure on such a motion to alter order of proceedings for the session. Hamilton rule 8 (see aior**, p. 281) requires the business of the council tr> be taken up in the order therein indicated. Ii : the councils of the other cities there is no such special rule, but, as in Hamilton, each rule simply provides that the business "shall be taken up" in a certain order. Consequently it can only be changed when the rules provide for a suspension of rules. See above, p. 281, for rules so providing. Guelph rule 89 provides: "The order of the day shall always have the preference to any motion before the council, except that when any resolution or [Goutinued on p. 287. 286 RULES OF TORONTO CITY COUNCIL. aO. " All motions called in pursuance of * The General Orders of the Day,' and not disposed of, shall be placed at tiie foot of the list, unless otherwise decided by the council." For same parliamentary rule, see Bourinot, p. 301. It is intended to prevent business being dropped from the order paper after having been duly called. See above, p. 271, for rule of some councils providing for priority of business temporarily suspended by an absence of quorum. 14. Motions in General. 31. " One day's notice shall be given of all motions for intro- ducing new matter other than matters of privilege and bringing up petitions ; and no motion shall be discussed unless such notice has been given, or unless the council dispense with such notice by a two-thirds vote of the members present, without debate." For parliamentary rule, see above, p. 30. If it be proposed to dispense with the rule, a member must formally so move, *• That rule 31 be dispensed with in case of {state question) " ; and the mayor or chairman will call upon members in favour of suspending the rule to stand up and the clerk will count the votes, and the chairman will declare the result. 32. ** All motions shall be in writing and seconded before being debated or put from the chair. When a motion is seconded, it shall be read by the mayor, before debate." For same fundamental parliamentary rule, see above, p. 80. [Coutiuued un p. 288. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 287 motion shall be lost by the council breaking up for want of a quorum, such reso- lution or motion shall be the first business to be proceeded with at the next regular meeting of the council." Consequently, in making up orders of a day, such business must be given priority. 30* Ottawa has similar rule, 41 ; other cities none, but the same practice should obtain, as in parliament. 14. Motions in General. 31. For Hamilton rule 8 (10), see above, p. 282. Ottawa rule 42 is the same as Toronto rule 31, with the addition that the required notice " shall be printed in the ' general orders of the day' " — a very pro- per regulation. London, rule 27. " Notice shall be given of all motions for introducing new matter other than matters of privilege and bringing up petitions, and no motion shall be discussed unless such notice has been given at the last regular meeting of the council." Belleville rule 24 is the same as Toronto rule .SI. Guelph, rule 12. " Notice in writing of an intention to introduce a measure may be given in writing ' at any time during the meeting,' and shall always be entered by the clerk in the minutes." This rule is vague, but it must mean a notice of a measure to be introduced at H subsequent meeting. Otherwise the notice is useless, since members not present will be surprised by a motion, and the true object of a notice is to give every member information of a subject to be brought before the council. St. Catharines, rule 29. *' No resolution or by-law affecting important mea- sures or changes, shall be introduced without notice thereof having been first Kiv«5n, in writing, at a previous meeting of the council, except with the consent of two-thirds of the entire council." Kingston, Ptratford and Brantford have no such proper rule, but as notice is a usage of parliament it should obtain in the practice of all councils. '. 2t 0. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 289 But motions to adjourn and go into committee of the whole (Guelph rule 32) may be made viiui voce. Same practice obtains in parliament with respect to all such purely formal motions. Guelph rule 32 also allows a motion to extend time of sitting (see above, p. 265) to be made vird voce. Guelph rule 33 forbids a preamble prefacing a motion — a salutary rule in accordance with correct parliamentary usage, see above, p. 31. Brantford rule 11 allows motions to adjourn and receive petitions and reports to be made in any way without a seconder. 33. Hamilton, rule 11 ; London, rule 32 ; Ottawa, rule 15 ; Kingston, rule 11 ; Belleville, rule 20; St. Catharines, rule 14; Guelph, rule 35; Brantford, rule 12. Stratford rule 29 allows withdrawal " before decision at the request of the mover and seconder." Brantford rule 13 only states the usual practice of allowing a member to propose a motion and speak before it is put from the chair . " That no member shall speak to any niotion until it is put by the mayor or chairman, except the introducer. When this motion is read by the chair, it can be discussed by others." 34* London, rule 33 ; Ottawa, rule 50 ; St. Catharines, rule 31 ; Belleville, rule 27 ; Brantford, rule 21 ; Stratford, rule 30. In other cities, none, but the parliamentary usage should obtain, 3>1. Hamilton, rule 20; Belleville, rule 28 ; London, rule 34; Stratford, rule 31; Ottawa, rule 57. The Ottawa council has also following rule : 50. " A motion to adjourn the council or to adjourn the debate shall be always in order, except — 1. When a member is in possession of the floor. 2. When the yeas and nays have been called. 3. When the members are voting. 4. When it has been decided that the previous question shall be taken." This is practically the parliamentary usage. Kingston rule 12 and St. Catharines rule 30 are practically same as that of Ottawa, but " it must be decided by the council without debate." Guelph, rule 37. "A motion for adjournment shall always be in order," but not debatable, see below, p. 2 ; St. Catharines, rule 32 ; Brantford, rule 19 ; Stratford, rule 32 ; all same as Toronto rule 36. Guelph, rule 3G. " When a resolution is under consideration no motion shall be received unless to adjourn, to suspend rule 5 (should the time be after ten o'clock), the previous question, to lay on the table, to postpone, to refer, or to amend, which shall have precedence in the order in which they are named, and the first four of which several motions shall be decided without debate." From the foregoing rule we gather these points : 1. To adjourn (not amendable or debatable). 2. To suspend rule 5, which limits time of a sitting to half-past ten p.m. (not amendable or debatable). 3. To move the previous question (not amendable or debatable). 4. To lay on the table (not amendable or debatable). All the foregoing motions must be taken in order as well as these following : 5. To postpone. 6. To refer. 7. To amend. For explanation of what is meant by order of precedence, see above, p. 201. Hamilton rule 12 is as follows: "When any resolution is under consider- ation no motion shall be received unless " To adjourn (not amendable or debatable). '* To lay on the table (amendable and debatable). " To move previous question (not debatable). " To postpone (amendable and debatable). *' To refer (which means ' to commit,' see above, p. 37). •' To amend (see above, p. 33). " Which shall have precedence in the order in which they are arranged (for precedence see above, p. 201) ; the first and third of which shall be decided without debate." [Continued on p. 893. 292 RULES OF TORONTO CITY COUNCIL. 16. The Previous Question. 37' " The previous question until it is decided, shall preclude all amendment of the main question, and shall be put, without debate, in the following words : "That this question bo now put" ; if this motion be resolved in the affirmative, the original question is to be put forthwith, without any amendment or debate ; but if the previous question be resolved in the negative, the main ques- tion may then be debated and amended." Thi8 is not the parliamentary rule (see for full explanation on this perplexinj^ question, ahore, pp. 13-1()), which allows debate to continue on the motion until a vote is taken thereon, but it is practically the closure on a (juestion ; since tlie council can force a vote at once on the main niotion by f^ivinj^ a vote in favour of the previous question. If the previous question is adopted then a vote must be taken at once on the main motion. If the majority vote a}»ainst the previous question, then debate and amendments are in order on the orij^inal (juestion — another variation from the parliamentary rule which prevents a vote or further consideration of the main motion if the previous question is nef»atived (see above, p. 14). It is well to observe here that under the Toronto rule the previous question, having been once negatived, cannot be a^ain proposed while the same main question is under the consideration of the council. It can, however, be moved on any new question at the same session or sittinj^ (see below, p. 387, where a new rule is suj^- gested for all councils). In this council the previous question has been permitted on even two amend- ments to a question. This is at variance with the parliamentary law which governs where the special rule above is silent (see above, p. 280). If an amendment is withdrawn or negatived, the previous question can be proposed. [Continued on p. 294. RULES OF OTTAWA AND OTHER ONTARIO CITY COL'y^ILS. 293 IG. The Previous Question. 37. The Hamilton rule 12 (see above, p. 291) makes the previous question unde- batable ; consequently it must be put at once lo the vote without amendment or debate ; when decided, the counril follow parliamentary usage (as above, p. 13). The Ottawa rule 59 is that of parliament ('^ee above, p. 86) so far as it allows debate but no amendment on the main motion when the previous question has been proposed from the chair. If the previous question is voted, then the vote is taken at once on the main motion ; if it is negatived, then the Ottawa rule departs from the practice of parliament, for debate and amendment are allowable as under the Toroiito rule opposite (see remarks on this point). The London rule 3(5 is that of parliament, and foregoing remarks apply. Kingston rule 15 and Brantford rule 20. " The previous question, until it is decided, shall preclude all amendments and debate of the main question, and shall be in this form ' Shall the main question be now put? ' " Many councils have a similar rule, which is somewhat vague since it would seem to allow a debate to follow, not on the main question, but on the advisability of agreeing to the previous question. The Toronto rule is clearer in this respect, and should be adopted by all assemblies that would adopt the closure. It must be assumed that the intention of the rule cited above is the same to stop all amend- ment and debate and come to a vote at once on the main question, otherwise much delay might take place on a desultory debate as to adopting the previous question. In this vague rule the parliamentary usage would obtain, after a vote on the previous question. A vote would at once be taken on the main question if the previous question is carried ; if not, there could be no such vote (see above, p. 14)< for there would be no question to bo put. Stratford rule 33 is the parliamentary rule, and debate continues on the main question until tlie previous question is decided. Belleville rule 30 and St. Catharines rule 33 are in same terms as Toronto rule, without the last condition that the main question is open to debate and amendment if the previous question is negatived. In such a case the parliamen- tary rule should prevail, and there could be no question to debate or amend (see above, p. 14). Guelph, rule 28. " On call of any member a majority of the members present may demand that the previous question be put, which shall always be in this form, ' Shall the main question be now put? ' and until it is decided shall preclude all amendments to the main question and all further debate." Here the previous question is initiated in a way different from that generally followed. A member rises and calls — does not move in the usual mode— for tlie previous question. It is for the chairman to learn whether a majority are in favour of putting the main question by immediately submitting the question, " Shall the main question be now put ? " If a majority vote "yea," the main (Continued on p 29S. 294 RUT.es Oi- TORONTO CITY COUNCIL. 17. Amendments in General. 38, '* Amendments shall be put in the reverse order to that in which they are moved, except in tilling up blanks, when the longest time and largest sum shall be put first. Every amendment sub- mitted shall be reduced to writing, and shall be decided or with- drawn before the main question is put to the vote. Only one amendment shall be allowed to an amendment, and any amend- ment more than one must be to the main question." Ameiulmenta are here put as in Canadian parliament (see above, p. 34, where the practice is stated witli some fuhiess). All motions in amendment must be in writing and disposed of before the main question is submitted. Only one amend- ment is allowed to an amendmtPt to a main motion ; or, in other words, at one time only three motions can be before the council. But a motion to adjourn or to adjourn the debate (or to lay on the table and to postpone in some councils, see above, rule 80), is always in order as these are not actually amending but practically dilatorij motions. It will be seen that the several councils generally have the provision that in filling up blanks the longest time and largest snm sliall be put first. The old parliamentary rule, in the direction of lessening as far as possible the burdens of the people, was to put first the longest time and the smallest sum (see above, p. 47). Why now follow a United States practice and place the largest sum in these rules ? This rule of the council is inconsistent not only with the old parliamentary usage, but also with the ordinarj' rule of putting questions without any sutticient reason being shown for the distinction. The Simcoe county council has embodied the correct procedure in its rule. [CDntliiued on p. 29?. RULES OF OITAWA AND OTHER ONTARIO CITY COUNCILS. 295 question must be put at once ; if " nay," the main question, as in parliament', should really (lisappear, since the council has aciually declared it shall not now be put. See last paragraph of remarks on Toronto, rule 37, p. 2'.*2. The following are the rules of other councils on tlie previous question. Peterborouf^h town council, 20, same as Delleville rule 30, above. Ml. I'oiest •' " 28 " " (iutlph *' 2.S Pemljroke " •' 22 '• " Kingston " 15 '• Cubnur;^ *• •' 13 *•' •> ** •• ].'» 17. Amendmknts in Gionkkal. 3M. The Ottawa rules 20, 51 -"iS, which embody similar principles, nre as follows : 20. " All questions shall be put in the order in which they are made." 51. " An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different subject shall not be in order. Only one amendment shall be allowed to an amendment, and any amendment more than one, must be to the main question." 52. "The paragraph to be amended shall first be read as it stands, then the words proposed to be struck out, and those to be inserted ; and finally the para- graph as it would stand if so amended." 53. " Amendments shall be put in the reverse order to that in which they ar« moved, exct^pt in tilling up blanks, when the longest time and the largest sun» shall be put first. Every amendment submitted shall be reduced to writing, aii«l it shall be decided or withdrawn before the main question is put to the vote." The London rule 37 and St. Catharines rule 34 are same as Toronto rule, with this addition : " all motions for the appointment of any member of the council or of any other person to any office in the gift of the council shall preclude all amendments." This is a special rule of these councils. Hamilton has no special rule on subject, but is governed by common law of parliament respecting amendments, as explained under the Toronto rule, and on pp. 33, 34, above. Hamilton rule 29 provides like the rules of other councils, that " when a blank is to be tilled in any by-law, report or resolution, the question shall be first taken on the highest sum or number, and on the longest time proposed." Guelph rule 40 and Kingston rule 10 follow the practice of other councils with respect to motions and amendments, and the largest sum and longest time. Brantford rule 22 is simply confined to a statement of the usual practice in putting motions and amendments. Stratford rule 34 and Belleville rule 31 are the same as that of Toronto, opposite. [Continued on p. 897. 296 rules of toronto citv council. 18. Voting on Appointments. 3!>. " In all motions for the appointment of any person to any oflSce in the gift of the council the candidal iS shall be voted on separately in the order in which they are proposed [see Ottaica rule, opposite] ; but no member of the council, while retaining his seat therein, shall be eligible for any office to which there is attached any salary, remuneration or emolument payable by the council." This rule requires a vote to be taken on several candidates in the order of nomination, as in the case of speakersliip of commons' liouse (see above, p. 27). In some councils all the nominations are t^iven, and then a ballot taken until an appointment is made {:^ee Guelph rule 41, opposite). The second part of the foregoing rule rtijuires a member to re8i<,m his seat in the council if he is to be elijiible for an appointment to a remunerative office in its gift ; it is an indep'mdence of council clause, in effect. A member should resign by a formal letter of resignation, witnessed by one or two members of the council, and addressed to the mayor, who should lay it before the council forthwith, or the member may, if he have the opportunity, resign from his place in tlie chamber. His resignation in either case should be formally entered in the minutes of the council. For analogous parliamentary forms of resignations see Bourinot, p. 87*.), and above, p. 232. [Coutiuued ou p 2^8. lU'LES OK OTTAWA AND OTHER ONTAUIO CITY COUNCILS. 297 18. Voting on Aitointments, JI9. Ottawa rules 00 and 61 are tlie same as the Toronto rule 39, with the addi- tion after word 'proposed " of this provision : " and when there are more than two applicants the motion shall be put so that each shall be voted for until a mnjority is obtained for some one of them, the candidate receivinf^ the lo'veet number of votes at the end of each series of votes failing out before the next series is taken, and so on until a majority is obtained for some one candidate, or the matter is postponed or otherwise disposed of." London rule 80 is as follows : " In makiny appointments to office where there are more tlian two applicants, the motion shall be put so that each shall be voted for; the persons receiving the lowest number of votes fallin}^ out in succession." A previous rule (see above, jp. 2i>5, rule 37) precludes all amendments to motions for appointment. In Hamilton, Kingston and Brantford no such rule, but the parliamentary rule must obtain, and each candidate be voted on separately (see above, p. 29). Belleville, rule 32. " In all motions for the appointment of any person to any oflice in the gift of the council, the names of all candidates shall be submitted before any vote is taken, and if required by any member this vote shall be by ballot."' In this case each candidate should be voted on separately as in parliament, if open voting is preferred (see above, p. 37). But if a ballot is to be taken the pro- cedure explained below in Guelph rule 41 can be followed (or as above, p. 77). St. Catharines rules 20 and 34, require a written notice of any motion for an apj)ointn;ent to oftice. and do not allow amendments to such motions. Stratford rule 35 provides that " all motions for the appointment ()f any member of the council, or of any other person, to any office in the gift of the coun- cil, shall preclude any amendments, and in making appointments to office when there are more than two applicants the motion shall be put so that each shall be voted for. the person receiving the lowest number of votes falling out in succession." Guelph. rule 41. " All appointments to office by the council shall be by biillot : the clerk shall prepare one ballot marked with his initials for each member of the council, having written thereon the names of all the applicants ; each member shall mark his ballot in the usual manner, by placing an X opposite the name of the person for whom he desires to vote ; and the candidate receiving a majority vote of the members then present shall be declared elected ; [the balloting shall then proceed as before, until the reciuisite number shall have been elected.] The mayor or chairman and the clerk shall act as scrutineers in all such cases." The words 1 have placed in brackets are a little vague. They should read as follows and form a distinct sentence, for I suppose the reference is to the case where there are two or more api)ointments to be tilled at one session : ** In case of other appointments to be made, the balloting shall proceed in each case as at first until the requisite number shall have been elected." [Continued on p. 299. 298 RULES OF TORONTO CITV COUNCIL. 19. Division of a Question. 40. ** When the question under consideration contains distinct propositions, upon the request of any member, the vote upon each proposition will be taken separately." For the parliamentary rule governing such questions, see nhove, p. 35. 20. Final Decision on Questions. 41. " After the question is finally put by the mayor, no member fihall <^neak to the question, nor shall any other motion be made until aftpj the result of the vote has been declared ; and the decisioii of the mayor, as to whether the question has been finally put, shall be conclusive." This is substantially the parliamentary usape which reijuiresthe determination of one question before another is submitted. When the chairman has declared a motion passed or nei^atived or withdrawn, tlien another or new question can be proposed. For method of putting ,'Bton, Brantford, no such rule, but the parliamentary rule should obtain as a matter of usa^e. 20. Final Dkcimion on Qukstions. 41. London, rule 3i> ; (Juclph, rule 2!( ; Belleville, rule 34 ; Ottawa, rule 22; Stratford, rule 37; St. Catharines, rule 30 ; Brantford, rule 1(5. In Hamilton and Kingston none, and parliamentary rule must obtain (sec opposite). 21. Motions Ruled Out of Order. 4*1. Hamilton, rule 5 ; London, rule 40 ; Ottawa, rule 21 ; Belleville, rule 35 ; St. Catharines, rule 37 ; Guelph, rule 10 ; Brantford, rule 23 ; Stratford, rule 38. In Kingston none, but the parliamentary usage as set forth in the rule should obtain. 22. PhIVIM-GK. 43* London rule 29 dispenses with notice simply. Ottawa, rule 49. Rule 24 of Belleville dispenses with notice in such cases of privilege, only a difference in form of the rule opposite. In Hamilton, Kingston, Guelph, St. Catharines, Brantford, no such specisl rule. But in all councils and assemblies the parliamentary usage, as stated in opposite rule, obtains ex necessitate rerum. [Continued on p. SOL 300 lULES OF TORONTO CITY COUXCIL. 23. Conduct of Mkmbkrs on Divisions. 4-1. " Members, liavinp; been previously summoned, shall immediately take their places wlien any division is called for." Tlie usual parliament try rule (see aharf, p. 41), necessary for the orderly tak- ing of a division. And the rule nii^ht add " shall roinain in their jjlaces until tlie mayor or chairman has declared the result on the tiuesLion. '' Tlie mode of puttinj^ a question and then taking a division in the house of commons, is explained at some length, ahoce, p. 41. 24. Reconsideuation. The Toronto council has no special rule like the councils of the other cities to provide for the reconsideration of a question that has been decided. Under these circumstances it is governed by the parliamentary law, and after due notice a member may move to rescind a motion passed in the affirmative, or bring up the question passed in the negative in another shape or, in other words, practic- ally bring about a reconsideration. All that the parliamentary rule forbids is the bringing up of the same question in the one session ; but one sitting of a council is a session (see above, p. 7) and all that would be irregular would be to reconsider the same question at that one sitting where it was decided. But a member could give notice that at the next meeting he would move to rescind a motion passed at the one he gives such notice. Or he could give notice as provided for by rule 31 (see above, p. 286). In all cases the rules and usages of parliament would have to be followed in the Toronto council. In the councils of the other cities their special rules respecting reconsideration must govern ; but where these rules are defective, the law of parliament must obtain (see above, pp. 25, 26, where this question is reviewed at some length). It is desirable in all cases to have special rules carefully framed for reconsideration. That of the Ottawa council, opposite, appears sufficient for general purposes. [Coiitlnuort on p. 302. iiulp:s of orrAWA and (jtiieu oxtario city councils. 301 23. Conduct of Mkmbers on Divisions. 4 I. Braiitford, rule 17 ; Belleville, rule 30 ; Stratford, rule 39 ; London, rule 40 ; Ottawa, rule 3.') ; St. Catharines, rnlo 38 ; Guelpli, rule 20, In Hamilton and Kingston the parliamentary usa;;e should obtain in the absence of a special rule. 21. Reconsideration. Hatnilton, rule 30. " After any question, except one of indefinite postpone- ment has been decided, any member who voted in the majority may, at the same or at a subsequent meeting,', move for a reconsideration thereof, but no discussion of the main question shall be allowed unless reconsidered ; nor shall any question be reconsidered more than once " (see opposite). London, rule 25. " After any question, except one of indefinite postponement, has been decided, any member who voted in the majority may, at the same session or at a subsequent session if he has given notice thereof in writing for such subse- quent session, move for a reconsideration thereof, but no discussion of the main question sliall be allowed unless reconsidered ; nor shall any question be reconsid- ered more than once, and then only by two-thirds of the members present voting in favour of such reconsideration." Ottawa council also have these rules : 02. " After any question, except one of indefinite postponement, has been decided, any member may, at the same or at the first meeting held thereafter, move for a reconsideration thereof, but no discussion of the main question shall be allowed unless reconsidered, and there shall be no reconsideration unless notice of such reconsideration be given at the meeting at which the main motion is carried, and after such notice is given no action shall be takexi by the council on the main motion until such reconsideration is disposed of." 03. " If the motion for reconsideration be not made until the next meeting the question shall not be reconsidered unless a majority of the whole council vote therefor. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered." Ouelph, rule 42. " No motion to rescind a resolution entered upon the luiuutes shall be received or put unless a notice of intention to introduce such motion to rescind shall have been made in writing at a previous meeting." As Brantford, Stratford, St. Catharines, and Belleville, have no special rule providing for reconsideration, the remarks in the Toronto column opposite apply to their cases. Kingston, rule 23. " When a motion has once been made and carried in the affirmative or negative, it shall be in order for any member to move for a reconsid- [Gontiuued on p. 303. 302 RULES OF TORONTO CITY COUNCIL. 25. Proceedings in Committee of The Whole. 45. " Wlienever it shall be moved and carried that the council go into committee of the whole the mayor shall leave the chair, but he shall first appoint a chairman of the committee of the whole, who shall maintain order in the committee, and who shall report the proceedings thereof." For the parliamentary rules which govern committees of the whole except where there are special rules of the council, see above, pp. 44-46. A motion " That the council do now resolve itself into committee of the whole to consider (here state question) " ; having been carried, the mayor or presiding officer says, " Mr. A. or B. will please take the chair of the committee " ; Mr. A., or B., having taken the chair, calls the committee to order and reads the question before the committee. 46* " No bill or report of a committee shall he discussed in committee of the whole, unless such bill or report has been previously printed and placed in the hands of the members, except it shall be otherwise decided by a vote of two-thirds of the members present, without debate." A special rule but in accordance with parliamentary usages and rules, which require all bills and resolutions to be printed and in the hands of members before considered in committee. It is a rule which should be suspended only in a case of urgency. 4*7- ** Tbe rules of the council shall be observed in committee of the whole, so far as may be applicable, except that no motion shall require to be seconded, nor shall a motion for the pr(^\ ious question, or for an adjournment be allowed ; and in taking tbe yeas and nays the names of members shall not be recorded, nor shall the number of times of speaking on any question be limited." This is substantially the parliamentary rule as given fully above, p. 45. [Coutiuued OQ p. 304. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 303 cration ; and if such motion is secondefl, it shall be open to debate and be disposed of by the council, and in case the motion be made at the same meetin}^, it shall be competent for a majority of the members present to pass a vote of reconsideration; but if it be not made until next "meetin;^, the subject shall not be reconsidered, unless a majority of the whole council shall vote therefor; but no more than one motion for reconsideration of any vote shall be permitted." 25. Pkoceedings in Committek of the Whole. 43. Hamilton, rule 25 ; London, rule 42 ; Stratforu, rule40 ; Ottawa, ru!e 04 ; Kingston, rule 24; Belleville, rule 37; St. Catharines, rule 31); Brantford, rule 38. Guelph rule 44 is the same, with the proviso that "each member" of the council shall serve as chairman of the committee *' in alphabetical order of his name." This is intended, or it must have that effect, to t»ive each member in his turn experience of the working of a committee of the whole. But the Guelph rule 45 also provides for a special case where the cluiirman is interested : " When a report or by-law is under discussion in committee of the whole, the chairman of a committee whose report is under consideration, or the introducer of the by-law, shall not be required to take the chair, but the member v/ho is ne.\t in turn liable to serve as chairman of committee, shall be called to the chair." This appears to be a wise rule, which might well be {»enerally adopted. 46. Ottawa, rule G5 ; St. Catharines, rule 40. London, Hamilton, and other cities have none, hut they should adopt it in the interest of the intelligent consideration of every question before a committee. 'IT. Hamilton, rule 25; London, rule 43; Stratford, rule 41; Ottawa, rule CO; Belleville, rule 38 ; St. Catharines, rule 41. Guelph rule 43 is the same as the Toronto rule, except that there is this limitation, " no member shall speak for a longer time than ten minutes on any clause of a re port or resolution." By-laws do not appear to fall within this limita- tion of debate. Kingston, rule 24 (in part). "The rules of proceedings in council shall bo observed in committee of the whole, so far as they may be applicable, except the rule limiting the number of times of speaking, and the taking of the yeas and nays, but no member shall speak more than once to any question until every other member choosing to speak shall have spoken." [Continued on p. 90S. 304 RULES OF TOUONTO CITY COUNCIL. 48. " Questions of order arising in committee of the whole shall be decided by the chairman, subject to an appeal to the council ; and if any disorder should arise in the committee the mayor shall resume the chair, without any question being put." For same parliamentary rule, see above, p. io. A member who objects to a ruling may say, " I appeal to the council a-^ainst the ruling." The chairman will then leave the chair and state the question to the mayor or presiding' officer, who will again state it to the council, and ask " Shall the decision [or ruling] of Mr. A., chairman of the committee on , be sustained ? " The vote will then be taken in the usual way (see abore, p. 39, for similar proceeding). When the question in dispute has been decided by the council, the committee may be resumed by order of ti>e mayor or other presiding officer, with the words *' The committee on may resume." 49. " On motion in committee of the whole to rise and report, the question shall be decided without debate." This is a limitation of Canadian parliamentary usage (see above, p. 46), which allows debate to continue on the question under consideration even when it is moved to rise and report. It is a wise limitation, which should be adopted by all councils to save time and prevent " obstruction." When the committee has agreed to report the chairman leaves the chair forthwith and makes his report. 50. ** A motion in the committee of the whole to rise without reporting, or that the chairman leave the chair, shall always be in order, and shall take precedence of any other motion. On such motion debate shall be allowed, and on an affirmative vote the subject referred to the committee shall be considered as disposed of in the negative, and the mayor shall resume the chair, and proceed with the next order of business." This is substantially the parliamentary rule which is explained above, p. 46, since the (question before the committee is superseded for that sitting or session if the chairman rises without reporting. The proper form of this motion is, "That the chairman do leave the chair." It is e<|uivalent to a motion for adjournment in the council. It is competent at another sitting to revive the same t^aestion by a motion "That the by-law [or state the question whatever it may be] LCoutiuuud ou p. 306. RULES OF OTTAWA AND OTHEll ONTARIO CITY COUNCILS. 305 Brantford, rule 40, " The rules of this council shall be observed in committee of the whole, so far as they may be applicable, except the rules limiting the number of times of speaking, and the names of members on a division being entered on the minutes,'' 4§. Stratford, rule 42 ; St. Catharines, rule 42 ; London, rule 44 ; Ottawa, rule G7. In Hamilton and other cities the same parliamentary usage should obtain as explained in opposite column, Belleville rule 39 allows an appeal to the committee from a chairman's ruling. The chairman *' may ask the mayor to decide the question, which he may do, subject to like appeal," The mayor may resume in case of disorder. 49. London, rule 45 ; Ottawa, rule 68 ; Kingston, rule 25 ; Belleville, rule 40 ; Brantford, rule 3i) ; Guelph, rule 47 ; St. Catharines, rule 43 ; Stratford, rule 43. Hamilton, rule 26 adds, " need not be in writing," but this is the parliamentary usage with respect to such well-known motions. London rule 46, Ottawa rule 69 and Stratford rule 44, have also the following provision which simply enunciates tlie convenient usage: "In the committee of the whole all motions relating to the matter under consideration shall be put in the order in which they are proposed." »10. Stratford, rule 45 ; St. Catharines, rule 44 ; Belleville, rule 41 ; London, rule 47 ; Ottawa, rule 70. In Hamilton, Kingston, and Brantford, none, but parliamentary usage should obtain. Guelph rule 48 is the same as that of other cities wich the limitation that " no member shall speak more than once " on motions to rise without reporting, or " that the chairman leave the chair." B.M.P.— 20 (Coutiuued ou p. 807. 30G RULES OF TORONTO CITY COUNCIL. be place>l on the order of the day for further consideration," after notice duly j^iven under rule 31 (see abnve, p. 280) ; and if the council so vote, the question is renewed at the exact point wh.^re it was superseded or "disposed of '' in committee. M-)neif appropriatioiiK to he. first considered in committee of the whole in certain councih. Ottawa rule 91) (beloir, p. 344) ; London rule 77 {below, p. 363) ; Belle- ville rule 04 (below, p. 308) ; and Stratford rule 70 {below, p. 380), all provide to the fore^oin^ effect. The same practice should obtain in all other councils. 26. Bills and Prockedings Thereon. 51* "Every bill shall be introduced upon motion for leave, specifying the title of the bill, or upon motion to appoint a com- mittee to prepare and bring in the bill." For parliamentary rules on bills and mode of introduction, second reading, etc., see above, p. 53. Such a motion for introduction of a bill must be moved and seconded like any other motion. When leave is j^iven by the council to introduce the bill, then the first reading takes place without debate (see rule 53). 52. ** No bill shall be introduced either in blank, or in an imperfect shape." For same parliamentary rule, see above, p. 53. And when a bill has been formally introduced, it cannot bo altered except by the council itself. The clerk cannot permit it to be otherwise altered or amended (see above, pp. 53-56). 53. " The question, ' That this bill be now read a first time,* shall be decided without amendment or debate ; and every bill shall be printed immediately after the first reading thereof, and shall be read a second time, and then considered in committee of the whole, and shall be read a third time before it is signed by the mayor." For same parliamentary rule in full, see above, pp. 53, 54. It would be well if all councils adopted the same rule, which includes a consid- eration in committee of the whole; that stage when a bill is most conveniently di^tcussed in detail. [Continued ou p. 308 RULES OF OTTAWA \XD OTHER ONTARIO CITY COUNCILS. 307 26. Bills and Pkoceedinqs Therkon. 51. Ottawa rule 71, Hamilton rule 21, Brantford rule 25, and Belleville rule 42, add to Toronto rule, " or by order of the council on the report of a committee." Guelph rule 49 adds, " or by a report of by-law committee." In other cities there is no such rule, but the parliamentary usaf,'e which should govern these councils, allows a bill to be introduced by the various methods set forth in the rules herein mentioned. .'$•1. Ottawa, rule 72. In Hamilton and other cities the same correct parliamentary usage should obtain. 53. London rule 49. Ottawa rule 73 differs from the Toronto rule, since it leaves the council to determine whether the bill shall be considered in committee. Hamilton rule 22 requires that " every proposed by-law shall receive three several readings, but not more than two on the same evening, unless with the unanimous consent of the membe s present. The clerk shall certify the reading and the time on the back of the b '-law." Kingston, rule 29. " Every act Oi- by-law shall be read twice before it is committed and engrossed, and r*^ad a third time before it is signed by the mayor. The second reading shall be always in committee of the whole and clause by clause." This provision is not consistent with correct parliamentary usage, or that of councils generally. A committer stage should be separate from the second reading. Belleville, rule 45. " Every by-law shall be read twice and approved before it is engrossed and read a third time before it is signed by the mayor." Rule 43 (see below, p. 311), provides for reference to a committee of the whole. [CoDtiuued ou p. 909. 308 RULES OF TORONTO CITY COUNCIL. 54. ** Every bill (unless previously reported upon by a com- mittee, or otherwise determined by the council) shall be referred, after the second reading thereof, to a standing or select committee of the council to report upon the leading features of the same." A special and useful rule, quite in accordance with parliamentary usage ; see aboi§ p. 54. 55. " Every bill shall receive three several readings, and on dififerent days previous to its being passed, except on urgent and extraordinary occasions, and upon a vote of two-thirds of the [Coutinued on p. 310. RULES OF OrrAWA AND OTHER ONTARIO CITY COUNCILS. 309 St. Catharines, rules 21 and 22. " Every bill (or by-law) shall be introduced upon motion for leave, specifying the title of the bill (or by-law) ; and the first reading shall take place without amendment or debate, and each bill or by-law shall recsive three separate readings, and on different days, previous to its being passed, except upon receiving the votes of two-thirds of the entire council, when it may be read twice or thrice or advanced two or more stages in one day." 22. " No bill (or by-law) shall be passed, amended or repealed except by the votes of a majority of the whole council elect." An important limitation — a majority of the whole council, and not of the members present. Guelph, rule 50. *' No by-law shall be referred to committee of the whole for adoption or amendment until it shall have been read twice." [Compare this correct practice with that of Kingston, above, p. 307] . 51. •' Every by-law shall be read and passed in committee of the whole before being read a third time." 53. " No by-law shall receive more than two readings at any one meeting, except upon a vote representing at least two-thirds of the members constituting the city council, and on such a vote it may be passed through all its several stages, and finally passed." 56. " Every proposed by-law shall receive three several readings before it is finally passed." Stratford rule 47 is the same as that of Toronto, with the omission of part requiring,' an immediate printing. The practice, however, should be to print. Brantford, rule 26. " Every by-law shall receive three separate readings previous to its being finally passed, but no by-law shall be read three times on the same day, except on urgent occasions, and this rule suspended by resolution for the single occasion ; and no by-law shall be committed or amended until it shall have been twice read, provided always that no resolution to suspend this rule shall be carried unless on a call of the yeas and nays two-thirds of the members of the council then present vote in favour of the same," 27. " Every by-law shall be read and passed in committee of the whole between its second and third readings." •14. Ottawa, rule 74 ; Belleville rule 43 (see below, p. 311). In Hamilton and other cities no such rule, but it is always competent for the council to refer any bill to a select committee on motion duly made and agreed to. •It's. Ottawa, rule 76 ; Hamilton, rule 22, see above, p. 307 ; London, rule 50 and Stratford, rule 48 (excepting the two-thirds vote). Kingston rule 30. " No Act or by-law brought into the council shall have more than one reading on the same day." [Continued on p. 311. 310 RULES OF TORONTO CITY COUNCIL. members present, when it may be read twice or thrice, or advanced two or more stages in one day." This is substantially the parliamentary usaj^e (see above, p. 56), with the proviso in this case that a two-thirds vote of the members present may advance a measure several stages at one sitting. As a matter of fact there is no special parliamentary usage to prevent several stages being taken on one day should the house believe the case to be urgent and extraordinary (see Bourinot, p. G37, and also above, p. 5()). Siii* " The clerk shall endorse on all bills read in the council the dates of the several readings thereof, and shall be responsible for their correctness, should they have been amended." For same parliamentary rule, see above, p. 56. 57. ** In proceedings in committee of the whole upon bills, each clause shall be considered in its proper order, then the preamble, and then the title." For same parliamentary rule, see above, p. 55. If a clause is considered, it should be amended in the order of its lines ; if a particular line is amended, and the council has taken up another, it is not regular to go back to the previous part of the clause, but this is often done by unanimous consent as a matter of con- venience and necessity. SiH» " All amendments made in committee of the whole shall be reported by the chairman to the council, which shall receive the [Continued on p. 312. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 811 Belleville, rale 46. Practically the same as that of Toronto. For St. Catharines rule 21 to same effect, see above, p, 309. For Guelph rules 53 and 50 to same effect, see above, p. 309. For Brantford rule 26 to same effect, see above, p. 309. »'S6. Hamilton, rule 22 (see above, p. 307> : Stratford, rule 46 ; London, rule 18 ; Ottawa, rule 79 ; Belleville, rule 44 ; St, Catnarines, rule 24 ; Guelph, rule 52 ; Kingston, rule 28 (in part) ; Brantford, rule 30 (the clerk must also sign a bill when it passes, and put the date thereto, rule 31). ti7, Stratford, rule 50; London, rule 52 ; Ottawa, rule 77. No such rule in Hamilton or Kingston, but the parliamentary usage must pre- vail — that is to say, each clause or question must be taken in its order. Belleville, rule 43. " By-laws shall be committed to a committee of the whole council, after having been first read throughout by the clerk in council, and there debated by clauses, leaving the preamble and title to be last considered, and then referred to the committee on by-laws, except when otherwise ordered. The council may refer any by-law to a special committee for consideration and report." In all these rules a " proposed by-law" would be more correct ; it is really a bill which becomes a by-law when it passes through all the forms required by law. Brantford rule 28 is the same as that of Toronto, except it requires all by-laws to be read by the chairman. He should do that always when required, as in parliament. Guelph rule 54 is the same as the last, except the reading is by the clerk. St. Catharines rule 46 is the same as Toronto rule 57. This council have also this special rule : 23. " On au amendment to ' strike out and insert,' the paragraph to be amended shall first be read as it stands, then the words proposed to be struck out and those to be inserted, and finally the paragraph as it would stand if so amended." This rule is clearly intended to give the council information which will enable them to vote intelligently on a complicated question, and it is consequently a prac- tice that should be followed by the chairman of all committees in all councils. 5§. Ottawa rule 78, St. Catharines rule 47, and London rule 53 give the same rale with the following proper addition, which is also in the Canadian commons [Coutinufld on p. 313. 312 RULES OF TORONTO CITV COUNCIL. same forthwith. After the report has heen received the bill shall be open to debate and amendment before it is ordered for a third reading." This is practically the parliamentary rule in En<{land ; but in Canada bills are never amended when reported and considered as amended, but probably the more convenient course is followed of referring? the bill back to committee where the limitations of debate are not observed (see Bouriuot, p. ()2l, for parliamentary rule). 5!K "All by-laws adopted by the council, shall be printed, paged and bound up in a separate volume for the year in which they are passed, and shall have a separate index." A rule which is necessary to ensure easy reference to every by-law. The same practice is necessarily followed in the house of commons' offices. i;0. " Every by-law which has passed the council shall immediately after being sealed with the seal of the corporation, and sifijned by the mayor, be deposited by the clerk for security in the safe connected with his office." In parliamentary bodies, there is an officer — the clerk of parliament, who is always the clerk of the upper house— assigned the duty of keeping their original records and giviug certified copies thereof (see Bourinot, p. 602). 27. Petitions and Communications. 61. "Every petition, remonstrance, or other written application intended to be presented to the council must be fairly written or printed on paper or parchments, and signed by at least one person, and no letters, affidavits, or other documents shall be attached to it." For parliamentary rules respecting petitions, see above, pp. 62, 53. The signattire of at least one person should be on the sheet containing the petition or its prayer, for otherwise fraud might be practised, A signature might [Continued ou p. 314. RULES OF OrrAWA AND OTHER ONTARIO CITY COUNCILS. 313 rule (see above, p. 66) : " Wlien a bill is • eported without amendment it shall be forthwith ordered to be read a third tim j at such time as may be appointed by the council." Guelph, rule 55 ; Stratford, rule 51 : Bellevilit,, rule 47 ; same as that of Toronto. Brantford rule 29 is the same pract'cally : " That all amendments made in committee shall be reported by the couTicil, and by it adopted, before the question to engross shall be put." " En^jross " practically means " pass." Kingston has no such special rule, but the parliamentary usage, as set forth in Toronto rule, should obtain. 30. St. Catharines, rule 48. London, rule 54. ♦' All by-laws after having been finally passed shall be numbered and shall be forthwith tiled by the city clerk, and shall remain in his custody." Ottawa, rule 80. '• Every by-law which has passed the council shall be numbered, and shall be forthwith entered and copied at full length in a book to be kept for that purpose, and after being sealed with the seal of the corporation and signed by the mayor shall be deposited with the clerk for security in the safe con- nected with his office." Stratford rule 52 is practically same as that of Ottawa. Hamilton and other councils, it is assumed, follow the same convenient and necessary practice in the absence of a special regulation of their own. 60. Belleville, rule 48. See for similar London and Ottawa rules, above. Also Ottawa rule 90, below, p. 344. In Brantford rule 31 requires the clerk to sign all by-laws. In these and other cities the Toronto rule should be adopted formally. 27. Petitions and Communications. 61. Ottawa, rule 81 ; St. Catharines, rule 49. In London and Hamilton and other councils the same parliamentary usage must prevail in the absence of special rules. [Continued ou p. 318. 314 RULES OF TORONTO CITY COUNCIi.. be obtained for another object, and attached to the petition. For this reason three signatures must be on the sheet containing the prayer of a petition presented to parliament with a number of signatures. 02. •* Every petition, remonstrance, or otber written applica- tion may be presented to the council by any member thereof, not signing or being a party to the same, on any day, but not later than the hour at which the council meets, except on extraordinary occasions ; and every member presenting any petition, remon- strance, or other written application to the council, shall examine the same and be answerable that it does not contain any impertinent or improper matter, and that the same is respectful and temperate in its language ; he shall also endorse thereon the name of the applicant and the substance of such application, and sign his name thereto, which endorsement only shall be read by the mayor, unless a member shall require the reading of the document, in which case the whole shall be read." This is substantially the parliamentary rule (see above, p. 52), with the excep- tion that the mayor in the council, and not the clerk or clerk's assistant, as in the commons, reads the endorsation. In presenting a petition a member reads the endorsation thereon, which he must make under the rule, and which should be the prayer in subst'i,nce. If a member asks for the reading of a petition, the clerk must read it immediately. 03. " All petitions or written communications on any subject within the cognizance of any standing committee shall, on presen- tation, be considered as referred to the proper committee without any motion unless otherwise ordered ; and no member shall speak upon, nor shall a debate be allowed upon, the presentation of a petition or other communication to the council ; but a member may move that in referring a petition or other communication [Continued on p. 316. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 315 0^. London, rule 55; Ottawa, rule 82; Stratford, rule 53. Hamilton rule 23 but only in part since there is no reference to the reading of petitions. In this case, then, the parliamentary rule may prevail and the clerk read the petition ; but tliis will be probably regulated by usage— it is not a necessary rule of the common law of parliament. Hamiltoo rule 2ii is as follows : •' First, any member presenting memorials or other papers addressed to the council shall be accountable that they do not contain improper or impertinent matter, and no memorial or other paper shall be read unless endorsed by the member presenting it. " Second, any member who shall present any petition, or make any application, or offer any scheme to or for consideration by the council, in writing, with his name endorsed thereon, shall be at liberty to press and urge the same before any committee to which the same may be referred. " Third, when any petition, application or scheme, with the name of any member endorsed thereon, shall be referred to any committee, such member shall be duly notified of the meeting or meetings of the committee at which the same is to be held, considered or resolved upon, in the same manner as if he were a member thereof." Belleville rule 49 is to all intents the same as the Toronto rule. Guelph, rule 20. "All petitions, memorials and communications addressed to the council shall be presented by a member from his place in the council chamber, and every such document shall have endorsed thereon the object thereof, the date of presentation, and the name of the member making the same, and such member shall be answerable to the council that the document does not contain improper or impertinent matter. Hrantford rule 32 simply requires endorsation by an alderman, and proper and pertinent matter therein. The parliamentary usage should also prevail in other respeets. St. Catharines and Kingston have no special rules and parliamentary usage should obtain in such unprovided cases. 6:t. London, rule 56; Ottawa, rule 83; St. Catharines, rule 50 ; Stratford, rule 54. Belleville rule r,0 Hame with the addition that a petition "maybe laid upon the table" — whioli is always open to any council to order and does not require a Rpecial mention in a rule. Brantford rule 83 simply orders a reference to the proper committee, when necessary, by resolution of the council. [Continued on i*. !)17. 316 RULES OF TORONTO CITY COUNCIL. certain instructions may be given by the council, or that the petition or communication shall be referred to a select committee, and if the petition or communication complain of some present personal grievance, requiring immediate remedy, the matter contained therein may be brought into immediate discussion and disposed of forthwith." This is substantially a special rule, based on parliamentary usage, especially that portion allowing a matter of present personal grievance to be immediately disposed of (see above, p. 53). The mayor may decide that the matter is one to be immediately taken up, or he may gather the general sense of the council on the subject if he is not certain. ft4. ** Any member may move to take up or refer a communi- cation or petition made or presented to the council during the year in which such motion is made, or during the year next preceding such year, and whether such communication or petition has been referred to a committee and reported upon or not ; but no motion shall be in order to take up or refer a communication or petition made or presented at any time before the commence- ment of the year next preceding such motion." A special rule explaining itself. 28. Appointment of Special and Standing Committees. 05* '* All standing and select committees shall be appointed on motion of a member by consent of a majority of the members present at any meeting of the council, and any member of the council may bt placed on a committee, notwithstanding the absence of such member at the time of his being named upon such committee." A special rule, quite in accordance with parliamentary practice. No committee could, however, be appointed without the consent of a majority of all the members present, and that part of the rule seems practically superfluous. For parliamen- tary rule governing committees, see above, pp 48 51. [Continued on p. 818. RULES OF O'lTAWA AND OTHER ONTARIO CITY COUNCILS. 317 Hamilton and Giielph have no such rule, but every conncil under their own or the parliamentary rule has the right of referring any document, on a vote if necessary, to a select or other committee. Kingston rule 28 only to end of " unless otherwise ordered " in Toronto rule. The Kingston rules also provide that " in future all communications addressed to the council be briefly summarized by the clerk — such summary to be read to the council in lieu of the whole communication, provided that any member may request that the communication be read at length." 64. Ottawa, rule 8i ; Stratford, rule 55 ; Belleville, rule 51 ; St. Catharines, rule51. In Hamilton and other cities, none ; they should adopt the Toronto rule. 28. Appointment of Special and Standing Committees. 65. St. Catharines, rule Iti, and Kingston, rule 32 [in part]. "Committees shall be appointed on motion of a member, by consent of a majority of the council." Belleville rule 52 same as that of Toronto with the addition : " The mayor shall be, ex officio, a member of all committees, standing and special.'' St. Catharines rule 52 same as that of Belleville with the addition: "no committee shall consist of more than six members without the consent of the council." Stratford rule 50 provides that " any member of the council may be placed on a committee notwithstanding the absence of such member at the time of his being named upon such committee, and the mayor shall be ex officio a member of all committees." London rule 57 contains that latter part of Toronto rule which al'.ows any member to be placed on a committee. Ottawa rule 88 allows a member to be placed on a committee in his absence. Other cities have no such special rule, which embodies the parliamentary usHge which should obtain in all such unprovided cases. [Continued on p. aiu. 318 RULES OF TORONTO CITY COUNCIL. «6. ** Every member who shall introduce a bill, petition, or motion upon any subject which may be referred to a select committee shall be one of the committee without being named by the council, and shall, unless the committee otherwise determines, be the chairman of such committee." This is substantially the parliamentary practice (see above, p 49). OV. ** There shall be annually appointed at the first meeting of each newly elected council the following committees which shall com- pose the standing committees of the council : 1st, the executive com- mittee ; 2nd, the committee on works; 3rd, the committee on fire and light ; 4th, the committee on property ; 5th, the committee on parks and gardens ; and the council shall also at the same meeting appoint from among the members of the council the persons who shall compose the court of revision, and shall also appoint the local board of health, the members necessary to be selected for the free library board, the city's representative on the harbour commission, and the trustees necessary to be selected for the high school and other boards." In parliament also, at commencement of session select standing committees are appointed (see Bourinot, p. A'JH ; also above, p. 48). For number on each committee, see below, pp. i}2*2, 324 ; for quorum, see belotc, p. 322. In 1892 the reception and legislation committpes were incorporated (by-law 2985) with the executive committee (see below, pp. 350, 351). In 1893 the committees on water-works and markets were incorporated (by-law 3119) wich those of works and property (see below, p. 319). The practice in this council is to appoint a committee of six members, one from each ward, at the inaugural meeting to strike the standing committees. This committee reports at the same session, which is adjourned until a later hour for that purpose (see above, p. 2(54), The report is referred at once to a committee cf the whole, where it is considered and amended if necessary. The report is consiilored forthwith, and may be amended by the council on motion duly made to strike out certain names and insert others (see parliamentary rule in such cases, above, p. 51). The report is then adopted, with or without amendments as the case may be (see Toronto minutes for January 17th, 1893). The court of revision, composed of five persons, is appointed by the council in accordance with the municipal law (see above, p. 247, for general law on sub- ject). By by-law 2438 the city clerk regulates all notices of appeal and the sittings of the court of revision, and for hearing of appeals by the county judge. ICoutinued ou i>. 390. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 311) 06« Hamilton, rule 24 ; London, rule 58; Ottawa, rule 90 ; Kingston, rule '27 ; Belleville, rule 53; Brantford, rule 34. St. Catharines rule 1(5 and Stratford rule 57 leave the mover to determine whether he shall be chairman or not. Guelph, rule 46. " The mover of a special committee shall be a member, and the convener thereof, and the introducer of a measure shall be a member of the committee if a special committee is instructed to consider it." G7, Ottawa, rule 85. " There shall be appointed annually at the first or second meeting of each newly elected council or as soon thereafter as convenience will permit, the following committees which shall compose the standing committees of the council : "1. Finance committee. 2. Board of works committee. 3. By-lr.w committee. 4. Water-works committee. 5. Market committee. 0. License committee. 7. Printing committee. 8. Fire committee. '.>. Board of health committee. 10. Property and parks committee. 11. Court of revision." See below, p. 325, for number on each committee. For quorum, see beloic, p. 323. Ottawa, rule 78 also provides r " The council may dispense with the appoint- ment of any one or more of the said standing committees, or may assign the duties of any one or more of them to any other or others of the said standing committees, or rpay amalgamate any two or more of the said standing committees as may be thought expedient." London, rule (JO. " There shall be appointed annually at the first or second meeting of eacli newly elected council the following committees, which shall compose the standing committees of the council : " (rt) Committee number one ; (b) committee number two ; (<■) committee num- ber three." See below, p. 325, for number on each committee ; below, p. 323, for quorum. Kingston, rule 42. " 1. Finance and accounts, seven members ; this com- mittee shall do the work of the late committee on licenses and schools. 2. Board of works, seven members ; this committee shall do the work of the late committee on streets and improvements and of the late committee on wharfs and harbours. 3. Water-works, seven members. 4. Court of revision, five members. 5. Fire, water and liuht, five members. (5. City property and markets, seven members. 7. Parks, seven members. 8. Printing, five members. 1). House of industry, four members. 10. Board of health, consisting of the mayor and eight ratepayers to be appointed by the council, three of the members to be members of the council. The duties of the reception committee now abolished, and the duties of the com- mittee on railways and improvements now also abolished, shall be performed by a special committee of the couucil, to be appointed by the council, for the purpose when necessary. For quorum, see below, p. 323. [Coutinuod on p. S21. 320 RULES OF TORONTO CITY COUNCIL. By-law 2477 provides that the local board of health shall compris' the mayor and eight aldermen, appointed annually by the council (see above, p. 251, for general law on subject). By Free Libraries Act (Rev, Stat, of Ont. of 1887, c. 189), the city is repre- sented on the board of management by the mayor and three other persons, one of whom retires annually, but may be reappointed (see above, p. 250, for general Act on subject). By High School Act, 1891, the city can appoint six trustees for each of the three high schools therein ; six retire, or two for each school, on the 3lst of January, and their successors must be appointed by by-law (see No. 3114 at end of minutes of council for January 17th, 1893 ; also, above, p. 248, for general Act on subject). By 13-14 Vic. c. 80 (Stat, of the old province of Canada), " An Act to provide for the management of the Toronto harbour," the Toronto council appoint two commissioners, the Toronto Board of Trade two others and the majority of such commissioners recommend another, who shall be appointed by the governor of the province, and in case a majority cannot make such a recommendation then the governor appoints. All hold oftico during pleasure, and are a body corporate for the purposes of the Act. The city has representatives on other local boards not necessary to mention here. [Continued on p. 322. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 3^1 St. Catharines, rule 54. " There shall be annually appointed, at the first or second meetinfj of each newly elected council, the following committees, which shall compose the standing committees of the council : '• 1. Finance and assessment. 2. Board of works. 3. Fire, water and gas. 4. By-laws and licenses. 5. Market and public buildings. 6. Printing. 7. Board of health. 8. Relief. 9. Cemetery. 10. Park and shade trees." For number on each committee, see below, p. 325 ; for quorum, see below, p. 323. St. Thomas. "1. Finance, railway and printing. 2. Public works, sewer, and market. 3. Fire and ^'as. 4. Police, license, relief and sanitary. 5. Board of health." Belleville, rule 55. " At the first meeting of each newly elected council, the foUowin^^ committees, which shall compose the standing committees for the year, shall be appointed by the council : *• 1. Executive committee. 2. Public works. 3. Fire. 4. Water and gas. 5. Harbour and ferry. 6. Market and city property. 7. Court of revision and committee on by laws. 8. Industries and railways." For number on each committee, see below, p. 325 ; for quorum, see belorc, p. 323, Stratford, rule 59. " Appointed annually at first or second meeting of each newly elected council : "1. Finance, assessment, license and printing. 2, Board of works. 3. Market and police. 4. Board of health and relief. 5. Park and cemetery. 6. Court of revision." For number on each committee, see below, p. 325 ; for quorum, see beloxc, p. 323. Guelph, rule 57. " The council shall at its first evening meeting, on the third lyionday in January in each and every year, appoint a board of health, and the following standing committees : "1. Finance and assessment. 2. Water-works. 3. Board of works. 4. Market and public buildings. 5. Fire, water and gas. 6. Relief. 7. Parks and shade trees. 8. By-laws and licenses. 9. Police. 10. Railways. 11. Cemetery, 12. Hospital and any other standing committee hereafter constituted." For number on each committee, see below, p. 327 ; for quorum, see below, p. 325» The printed copy of the Brantford rules do not give specifically the designa' tions or number of the standing committees of the council of that city, but the clerk, Mr. Woodyatt, informs me they are as follows : 1. Finance, printing and license. 2. Board of works. 3. Fire, light and sewers. 4. Building and grounds. 5. Court of revision. 6. Manufactures. 7. Board of health. For quorum, see below, p. 323. Hamilton, rule 27. "1. Board of Works. 2. Markets, fire, police and license. .1 Hospital and house of refuge. 4. Gaol and court house. 6. Water works. •1. Health. 7. Parks, crystal palace, and cemetery. 8. Sewers. 9. Claims. 10. Finance, printing, assessment, railway and legislation. For number on each committee, see below, p. 825 ; for quorum, see below, p. 323. B.M.l'— 21 [CoQtiuued 00 p. 323. 322 RULES OF TORONTO CITY COUNCIL. OS. " No special or select committee shall be appointeil unless and until notice thereof specifying the matters to be dealt with by such committee, and the names of the members thereof shall have been given at a previous meeting of the council, and the same shall have been printed in the orders of the day and distributed to members at least twenty-four hours before the meeting at which such committee is to be appointed." See by-law 2985, s. r, (1892). A rule based on parliamentary usage (see above, p. 48), and in the interest of business. 29. Number of Members on Standing and Select Committees. 6Sa. *' Of the number of members appointed to compose any committee, five shall be a quorum, but if a committee consists of less than nine members, a majority shall be a quorum, and the mayor (if present) shall be counted in making up such quorum." See by-law 2985, s. 4 (1892). A special rule. For parliamentary rule respecting quorum, see above, p. 48. No business can be transacted in absence of a quorum. [Continued on p. 834. RULES OF OITAWA AND OTHER ONTARIO CITY COUNCILS. 323 6§. All councils having; a general rule providing for a notice of all special motions would require such a notice in the case of the proposed appointment of a select committee. The Toronto rule as a whole, should be formally adopted by all similar bodies. Ottawa rule 89 provides simply, " The council may from time to time appoint special committees." 29. Number of Members on Standing and Select Committees. 6§rt. Ottawa, rule 92, and Stratford, rule 58, provide: "Of the number of members appointed to compose any standing or special committee, such number thereof as shall be equal to a majority of the whole number chosen ; exclusive of any ex officio member, shall be a quorum competent to proceed to business." London rule 59 is the same as Ottawa rule. Both Ottawa and London rules make the mayor a member of all standing committees ex officio, and consequently he does not count in a quorum. In Hamilton there is no such rule, and parliamentary usage must obtain ; see opposite. Belleville rule 54 same as Ottawa rule, with the addition (unnecessary since the council have always the power so to order), *' unless otherwise ordered by the council when such committee be struck." As rule 5G of Belleville (see belou\ p. 325), makes all the committees to consist of seven members, except the three hereinafter stated, a quorum must be four, as the mayor does not count, under the rule, when present. The quorum of the three excepted committees will be : of the executive committee, four or five accord- ing as it is composed of seven or nine members ; of the court of revision and com- mittee on by-laws, three members. Brantford rule 85 is the same as that of Kingston (26) below, but there is no special number fixed as in Kingston for a committee (see rule 33, below, p. 325, which is very vague, and may or may not refer to a select or standing committee) . Kingston, rule 26. •• Of the number of members appointed to compose a committee, such number thereof as shall be equal to a majority of the whole number chosen, shall be a quorum competent to proceed to business." By rule 33 (see below, p. 325), committees cannot be less than five nor more than seven ; hence the quorum must be three and four in all cases. St. Catharines, rule 53. A majority of the whole number, exclusive ot ex officio members, constitute a quorum. [Contiuued on p. SS8. 324 RULES OF TORONTO CITY COUNCIL. HHb. "The executive committee of the council, the committee on property and'the committee on works, shall each consist of two members from each ward, and each of the other standing committees shall consist of one member from each ward." For duties of executive committee, see below, pp. 344-348 ; committee on works, below, pp. 348, 349 ; committee on fire and light, below, p. 349 ; committee on pro- perty, below, pp. 349, 350 ; committee on parks and gardens, below, p. 350. 69. " [Each standing committee of the council shall consist of one member from each ward, and] the mayor shall be ex officio a member of all standing and special committees." The words in brackets have been repealed by by-laws 2985 anl 3119, under which rule 68 (&), above, has become a regulation of the council. [Continued on p. :326. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 325 Rule 52 makes the mayor an ex qffieio member, consequently he is not counted on a quorum. For number of a committee, see below. Guelph, rule 58. " A quorum of each standing committee shall consist of one- half the members of the committee including the mayor as a member of the com* mittee." The mayor here counts. For number of members composing a committee of this council see below, p. 327. 69. Ottawa, rule 86. " Each standing committee shall consist of one member from each ward, and all vacancies shall be filled up from time to time as they occur so that each standing committee shall always consist of one member from each ward. Provided nothing herein shall apply to the court of revision, which shall be appointed by the council as the law directs." Ottawa rule 88 also makes the mayor ex officio a member of all committees. London rules 57 and 61 are the same as Toronto rule as originally, i.e., retaining words in brackets. Hamilton rule 27 limits the number of members to one for each of the seven wards, except the claims' committee, the number of which " shall be determined by the council." Kingston, rule 33 (in part), has : " No committee of the council shall consist of less than five members nor more than seven." Belleville rule 56 gives one member from each ward, "excepting the executive committee, which shall consist of not less than seven nor more than nine members and the court of revision and committee on by-laws, which shall consist of five members, aud in case of vacancy through death or otherwise, such vacancy may be filled by the council at any subsequent meeting." By rule 52 {above, p. 317) the mayor is ex officio a member of all committees of this council." 8t. Catharines, rule 52. " The mayor shall be ex officio a member of all com- mittees, and no committee shall consist of more than six members without the consent of the council." For quorum, see above, p. 323. Stratford, rule 60. " Each standing committee shall be composed of not less than five, nor more than seven members." For quorum, see above, p. 323. [Continued on p. 9S7. 326 • RULES OF TORONTO CITY COUNCIL. 30, Mektinos of Standing and Select Committees. TO. " The members of each standing committee of the council shall meet at the city hall for the purpose of organization immediately after the adjournment of the first meeting of the council." A special and necessary rule, fixing a definite time and place of committee meetings. By 8. 15 (3), by-law 2436, it is the duty of the clerk '• to notify each member of the standing committees, as soon as the appointment has been made, of the time and place at which the first meeting of the committee will be held." Also (4), to furnish each member of the committees with a copy of the by- law 2435 [and its amendments to date] , at or before the first meeting of the committees. See also below, rule 76 (1). •71. ** The members of each standing committee of the council shall at their first meeting proceed to elect from among themselves a chairman; and immediately after such chairman has been elected, the days of the future regular meetings of the executive committee, the committee on works, the committee on fire and light, the committee on property, and the committee on parks and gardens, shall be determined by the members thereof, and also the hour at which each of such meetings shall be held." For parliamentary rules generally regulating committees, see above, pp. 48, 61. [Continued on p. 3S8> RULES OF OrrAWA AND OTHER ONTARIO CITY COUNCILS. 327 Gaelph, rule 58. " Each of the aforesaid (see above, p. 321, rule 57) commit- tees shiiU consist of five members, except the board of works which shall have an additional member, and the hereinafter named shall be composed as follows : cemetery, the mayor and one member ; police, the mayor and two members ; hospital, the mayor and one member. The mayor shall be a member ex officio of each and every committee, whether standing or special, except the cemetery and hospital committees.'' For quorum, see above, p. 325. 30. Meetings of Standing and Select Committees. YO. Belleville, rule 57 [in part]. At the city hall, "on Wednesday evening following the first meeting of the newly elected council, at half-past seven, p.m." St. Catharines, rule 55. At the city buildings, " within three days after that on which they are appointed, at such hour as the mayor may direct, or in default of the mayor naming such hour, the city clerk shall appoint the hour of such meeting." Guelph, rule 59 [in part]. "At their convenience [at the city hall, it may be assumed] , within at least one week of their appointment." Stratford rule 61 requires the organization " within ten days after that on which they are appointed." All other councils should have a similar rule. Yl* Belleville, rule 57 [in part], with the addition that " no member of the council shall hold the chairmanship of more than one standing committee." St. Catharines rule 56 with the proviso, "the interval between the meetings not to exceed one month " — a very pioper regulation. Guelph rule 59 provides that each committee shall at its first meeting elect a member thereof as chairman, and he shall forthwith notify the clerk of the council of such election." Stratford rule 62 is the same as that of Toronto with respect to election of chairman and days of regular meetings of standing committees. Hamilton has only following rules with respect to meetings : — 84. " Each committee shall, at its first meeting, fix the day and hour for its regular meetings during the year. 35. " Meetings of committee shall be called by the clerk on request of the chairman, or, in his absence, on request of the mayor." Kingston, rule 34. " No meeting of any committee shall be called upon less than six hours' notice." London rule 67 (1) provides that every committee shall elect its own chair- man. For rest of rule, see below, p. 333. [Continued on p. 329. 328 RULES OF TORONTO CITY COUNCIL. ■72. " The regular meetings of the executive committee, the com- mittee on works, and the committee on property, determined as aforesaid, shall be held in each alternate week, except when other- wise ordered by the council ; and the other standing committees shall meet as often as may be determined upon, at the call of the chairman." A special rule, but it is a common parliamentary practice to adjourn com- mittees subject to call of chairman. See above, p. 50. 7a« " Special meetings of standing committees may be called by the chairman whenever he shall consider it necessarv to do so, and it shall be the duty of the chairman, or, in case of his illness or absence from the city, it shall be the duty of the clerk of the council, or the clerk of the standing committee (if a special clerk shall have been appointed in that behalf) to summon a special meeting of the committee whenever requested in writing to do so by a majority of the members composing it." Such a rule is necessary to ensure regular meetings of committees composed of a very small number of members. Under parliamentary usage, in case a committee neglect to meet and consider the question before it, the house will intervene, if their attention is called to it, and deal with the difticulty as may be deemed most advisable (see Bourinot, p. 744). The Guelph rules (see beloiv, p. H31), provide specially for such cases. •74. *' Members of the council may attend the meetings of any of its committees, but shall not be allowed to vote ; nor shall they be allowed to take part in any discussion or debate, except by the permission of the majority of the members of the committee." This is the parliamentary rule, except as respects the permission to take part in debate (see Bourinot, p. 50{>)- If a member should desire to take pait in the debate, the chairman should formally obtain permission from the committee by asking, " Chall Mr. A. be allowed to address the committee? " The Toronto council has not adopted the rules (see opposite) of the London and Guelph councils, which are intended to ensure regular meetings of a com- mittee. No committee can be allowed to evade its responsibility to report on every question regularly submitted to it. The council can intervene at any moment, under general parliamentary usage (see Bourinot, p. 744). The Guelph and London rules practically embody parliamentary usage m such cases. [Contluuoil ou p. 890. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 329 7 *I, Stratford rule 63 provides that " the regular meetings of the standing com- mittees on finance, assessment, license and printing, and of the board of works so determined (see rule 62, above, p. 327), shall be held once in each week preceding the regular meeting of the council, and by each of the other standing committees as often as may then be determined upon." T3. Belleville rule 58 is the same as Toronto rule 73, without the condition that the clerk of the standing committee may also call a meeting thereof. In parlia- ment, it is the special duty of that clerk to call a meeting on the order of the committee or its chairman. St. Catharines rule 57 same as Belleville rule 58 except the clerk can summon a special meeting only at request of a majority of two members of the committee. Guelph, rule 61. "Each committee shall meet at the written summons of the clerk by order of the chairman, and in case of his absence, on requisition to the clerk signed by the majority of the committee, reasonable notice being given in each case." See below for rule (63) of this council, providing for cases of a committee not meeting. Stratford rule 64 is the same as that of Toronto, omitting the reference to a clerk of tlie standing committee. T 1. Stratford, rule 65 ; Kingston, rule 35 ; Belleville, rule 59 ; St. Catharines, rule 58. In the absence of an express rule, the parliamentary usage, as explained opposite, slioiild obtain in other councils. Belleville rule 60 allows " meetings of the standing committees '' to be open to the public " in the same manner and subject to the same conditions as meetings of council." London rules 67 (9), 68 and 69 provide as follows : 67. (9) •' A chairman of committee may at any time be removed from tlie office of chairman at a special meeting called for the purpose, and another elected chair- man in his stead. 68. " Whenever any member of a special or standing committee is about to leave the city for any period so as to interfere with or prevent his attendance at any meeting of such committee, it shall be his duty to give notice in writing of his intention to the clerk, in which notice he shall state the period during which his absence is to continue, and it shall be the duty of the clerk to cause such notice to bo laid before the council at its next meeting. [ConUnued ou |>. 991. 330 RULES OF TORONTO CITY COUNCIL. •74'!. " The chairmen of the standing committees of the council shall constitute a committee whose duty it shall be to allocate to each of the several aldermen a seat in the council chamber which he shall be entitled to occupy in council assembled for the current year. (2) " It shall be the duty of the city clerk to notify the mem- bers of the said committee to meet at some time and place within ten days after the first meeting of the new council in each year. (3) '• The said committee shall, at their first meeting, elect by ballot from amongst these, a chairman, who shall preside at ull meetings of the committee during the current year. (4) *' The said committee shall allocate, by ballot, or otherwise, to each alderman a seat in the council chamber and report to council, and the seats of members shall, during the current year, be those allotted to them in the said report when adopted in council. [Continued on p. 332. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 331 GO. " The council may appoint a member thereof to act on any special or standing committee in lieu and during the absence of any member thereof who is absent from the city or unable from illness to attend the meetings of such com- mittee, and the member so appointed shall be a member for the ward to which the absent member belongs, and shall be deemed a member of the committee, and entitled to act thereon only during such absence or illness." Guelph, rules 63 and 64. 63. " Should a chairman of any of the aforesaid [standing or special] neglect or refuse to call a meeting of his committee at such times, or with such frequency as the proper despatch of the business entrusted to them requires, or do the business of the committee without the knowledge or consent of its members, or contrary to their wishes or sanction, the committee may report such neglect, refusal or action to the council, who may, if they deem it advisable, remove the said chairman from the committee, and appoint another in his place, and every such reconstructed committee shall have a right to appoint a chairman, who shall report such appointment to the clerk of the council." 64. " Should any member or members of any of the aforesaid committees neglect or refuse to attend the properly summoned meetings of their committees, the chairman may report such neglect or refusal to the council, who may remove the said member or members from the committee and appoint another member or other members in his or their places : or should any committee neglect or refuse to give due attention to all business or matters before them, the council may by resolution discharge such committee and appoint another in their stead." [Continued on p. 333. 332 RULES OF TORONTO CITY COUNCIL. (5) " In case the seat of any alderman becomes vacant by reason of death, resignation or otherwise, the seat rendered vacant shall be allocated as aforesaid by the said committee." The foregoing rule, added in 1890, is a special provision of this council requiring no comment. For usage in parliament, see Bourinot, p. 201. Ottawa rule 8 and Hamilton rule 32, also provide for sitting of members in order. 81. Gkneral Regulations for Conducting Business in Select and Standing Committees. TtJ. *'The business of the respective standing and select committees shall be conducted under the following regulations : (1) " The chairman shall preside at every meeting, and shall vote on all questions submitted, and in case of an equal division the question shall be passed in the negative ;" That in to say, the same practice obtains necessarily in committees as in the council with respect to divisions. The statute (see above, p. 247) practically regulates such matters. For parliamentary rule see above, p. 49. (2) "The chairman shall sign all orders and documents which the committee may legally adopt ;" A parliamentary usage. (3) *' In the absence of the chairman one of the other members ahall be elected to preside, who shall discharge the duties of the chairman during the meeting or until the arrival of the chairman ;" A chairman pro tempore can always be appointed under the parliamentary law, he leaves the chair when the regular chairman arrives. (4) ** The minutes of the transactions of every committee shall be accurately entered in a book to be provided for that purpose, and at each meeting the minutes of the preceding meeting shall be submitted for coi;firmation or ameqdment, and after they have received the approval of a majority of the members present, shall be signed by the chairman ;" [Continued on p. !l'M. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCII^S. 333 31. General Regulations fob Conducting Business in Select and Standing Committees. 75, The councils of Hamilton, Kingston, Brantford, Guelph, St. Catharines and Ottawa, it will be seen hereafter, have not so complete rej^ulations as those of Toronto, Belleville, and London for the guidance of select committees. These regulations should be generally adopted : (1) London, rule 67 (1); Belleville, rule (51 (1) ; Guelph, rule 59; Stratford, rule 74 (1). (2) Stratford, rule 74 (2). London, rule 07 (2) ; Belleville, ruU 01 (2). See p. 335, rule 60, for duty of chairman in Guelph council as respects minutes. (3) London, rule 67 (3) ; Guelph, rule 59 ; Stratford, rule 3. Belleville, rule 61 (3) ; adds " or the adjournment, " which is as a matter of course. Kingston, rule 32. " In the absence of the cliairman of any committee the committee shall have power to appoint a chairman, pro tempore.'''' Stratford rule 74 (9) is tlie same as foregoing. (4) Belleville rule 61 (4). London rule 67 (4) is the same as Toronto rule opposite, but the next rules 67 (5 and 6) make this additional provision : •• There shall be entered in the minute book of each committee all reports ordered to be submitted to the council, all orders passed, and all accounts audited with a reference to the by-law or resolution under which such audit is made, together with such other matters as the committee shall consider essential to a record of its prooeedings. Each minute so recorded shall have attached to it a progressive number for reference, and an analytical index shall be kept for each minute book." lOontinued on p. 33& 334 RULES OF TORONTO CITY COUNCIL. (5) " Each minute shall have attached to it a progressive number for reference, and an analytical index shall be kept for each minute book;" This is a parliamentary usage, in effect; see heloic, p. S'll, for rule 134 with respect to minutes of the council in general. (6) " When a division takes place on any question the votes of the members shall be recorded, if required by one of the members." The Belleville rule opposite is more stringent. (7) " No order or authority to do any matter or thing shall be recognized as emanating from any committee unless it is in writing, [Coutinued on p. 'MQ. RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 335 Stratford rule 71 (4) is the same as Toronto rule opposite, but a later rule 7, rule 133, as to sending reports of committees to members of council at their residence or place of business. (6) "To adhere strictly, in the transaction of all business to the rules prescribed by the by-laws of the council ;" Such a rule is seemingly unnecessary — the by-laws must govern in all cases. (7) " To present to the council on or before the last regular meeting of the council, in each and every year, for the information of the council, and of the citizens generally, as well as for the guidance of the committees of the following year, a general report of the state of the various matters referred to them respectively during the year, the work or business done through or by each committee, and the expenditure made under their authority or superintendence. Such report shall also state the number of meetings called by each committee during the year ; the number of the meetings at which a quorum was present ; the number of times each member was absent; and such report shall contain [Coutinued on p. 342. RULES OF orrAVVA AND OTHER ONTARIO CITY COUNCILS. 341 (2) London, rule 70 (2) ; Stratford, rule 75 (2) ; Belleville, rule 62 (2). All committees appointed to consider a special subject would, in the absence of an express rule or instruction to the contrary, have authority to report a by-law in reference to that subject. (3) London, rule 70 (3) ; Belleville, rule 62 (3) ; Stratford, rule 75 (3). (4) London rule 70 (4), except it uses " audit " instead of " examine " the result is the same. Stratford rule 75 (4) and Belleville rule €2 (4) same as London rule. (5) London, rule 70 (5) ; Belleville, rule 02 (5) ; Stratford, rule 75 (5). . <6) London, rule 70 (6) ; Belleville, rule 62 (6) ; Stratford, rule 75 (6). <7) London, rule 70 (7) ; Belleville, rule 62 (7) ; Stratford, rule 75 (7). [Continued on p* 343. 342 RULES OF TORONTO CITY COUNCIL. such suggestions in regard to the future action of the succeeding committees as experience may enable the reporting committee to make in respect of the matters embraced in their report ;" A special rule in the interest of sound legislation. (8) " To see that the persons in office, or appointed to office, connected with the department of each respective committee, have given, or do give, the necessary security for the performance of their duties, and in the case of any new appointment, that the security is given before any such person enters upon his duties." RULES OF OTTAWA AND OTHER ONTARIO CITY COUNCILS. 34-3 (8) Lonaon, rule 70 (8) ; Stratford, rule 75 (8) ; Belleville, rule C2 (8). Suh-committces. Belleville has also this additional rule :— 62 (9). "Any committee may appoint one or more sub-committees from amongst its own members to perform such duties as it may from time to time assign to them and to report to such com- mittee." Such sub-committees are found very convenient in parliamentary usa^^e (see Bourinot, p. C)lii) but as set forth in the foregoinj^ rule, each must report to the committee of which it forms a part, and its report can only appear as the report of that committee or as an appendix to the same. In the absence of any express rule to the contrary, the committees of all councils can properly make use of this convenient practice of parliament. 32. SPECIAL RULES OF TORONTO, LONDON, GUELPH, BELLEVILLE, KINGSTON, ST. CATHARINES, STRATFORD, HAMILTON, AND OTTAWA, RELATING TO MONEY APPROPRIATIONS, CIVIC OFFICERS AND COMMITTEES. So far we have been able to make comparisons on opposite pages between the rules of all the cities of Toronto, London (which includes St. Thomas), Stratford, Kingston, Belleville, Hamilton, St. Catharines, Guelph, Brantford, and Ottawa. It is now neces- sary to complete this review of procedure by giving the special rules of a number of the councils with respect to money appropria- tions and the duties of their officers and committees, those of Toronto, it will be seen, being notably elaborate in the case of the committees. No comments are necessary in respect to such special 844 SPECIAL RULES OF ONTARIO CITY COUNCILS. rules, which are not, generally speaking, governed by the rules and usages common to parliament. Each council must work out such rules in accordance with their own regular practice and legal interpretation. 33. Ottawa. 1. Duties of clerk— 96. The clerk shall duly record in a book without note or comment, all reso- lutions, decisions and other proceedinj^s of the council, and if required by any member present shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the council, and shall preserve and file all accounts acted upon by the council, and also the originals or certified copies of all by-laws, and of all minutes of the proceedings of the council, in the safe in his office or other place appointed by by-law of the council. 97. The clerk shall cause the minutes of the council to be printed after each meeting, and a copy of said minutes to be delivered to or left at the residence of each member of the council one day at least before the next ordinary meeting tliereof. 98. The clerk shall cause to be duly served all notices for special meetings and all reports, enquiries or other papers necessary to be served on the members of the council or any of them. 2. Money appropriations— 99. All appropriations of money aliall be submitted to a committee of the whole before being tuken up in full council. 100. No money appropriation shall be finally acted upoij by the council until it shall have been first referred to the standing committee un finance, and no money shall be paid by tlie treasurer, nor shall any expenditure be authorized by any member of the council, without a resolution ff the council ordering the same and specifying the amount, or unless authorized in that behalf by some law or by-law of the said corporation. 84. Toronto Rules. 1. Executive committee- 78. No by-law, resolution, report, contract, order, engagement, nomination, or other proceeding of the council, or of any standin',' or special committee (other than the executive committee), or of any officer or age.it of the corporation : — (1) Involving an expenditure of money (except as in this by-law is provided) or TORONTO STAXDIN'G COMMirrKES. 345 (2) For the appropriation of any part of t!ie city revenue to any purpose, or (3) For the remission or refunding of any taxes, rentals, licenses, fees, or other moneys whereby the revenue of the city may be affected or diminished, shall have any legal effect or operation until the same shall have been laid before the executive committee for the then present year, and supervised, recommended, and reported on by them, and until such report shall have been adopted by the council ; and in case the executive committee disapproves of any such expenditure, appropriation, remuneration, or refund (wholly or in part), then such expenditure, appropriation, remuneration, or refund shall not be made except upon a vote of two-thirds of the members of the council then present and voting. 79. The executive committee shall have the right to object to any claim or account, or to any by-law, resolution, report, contract, order, engagement, nomina- tion, or other proceeding relating to expenditure or revenue as in the preceding section mentioned : — (1) Where the law or by-laws of the council have not been complied with ; (2) Where the appropriation made to any standing or special committee would be exceeded ; (3) Where the appropriation to any special work or service would be exceeded ; or (4) Where for any work or service an expenditure would be required beyond the estimates for the then current year, and in all cases where objection is taken l)y the said committee on any of the grounds aforesaid, the report of the committee shall be final, unless upon an appeal to the council such report shall be varied or rejected by a vote of two-thirds of the members of the council then present and voting. « 80. Notwithstanding anything in the last two preceding sections contained in all cases where the expenditure of money is contemplated, and a by-law or resolutiou of the council is, at any time, adopted by a vote of two-thirds of the members of the council then present and voting, that the executive committee shall report and provide funds to meet any expenditure mentioned in such by-law or resolution, the executive committee shall, as soon as may be, report as the council shall have ordered, as aforesaid ; and when a by-law or resolution is adopted by the council ordering the executive committee to report and provide funds, the yeas and nays shall be recorded ; and further, in all cases where a report originates in the executive committee, whether it relates either to an expenditure of money or to the revenue of the city, or to any other matter, such report of the executive committee may be amended or rejected by a vote of a majority of the members of the council then present and voting ; and such majority of the council may reject or reduce the amount of any expenditure contained in any report whatever, either of the executive committee or other standing or special committee of the counoil. 81. The executive committee shall supervise all accounts, claims, expendi- ture, and outlay exceeding (he sum of 910, either of the council or of any standing or select committee, or of any officer or agent of the corporation, and also all claims under any contract with the corporation, and shall require the law and all 846 SPECIAL RULES OF ONTARIO CITY COUNCILS. by-laws and resolutions of the council with respect thereto to be complied with before any payments are made for or on account thereof ; and no such account, claim, expenditure, outlay, or claim under any contract with the corporation not expressly authorized to be paid by law or by a by-law or resolution of the council shall be paid, nor shall any payment be made on account thereof, by the ti-easurer or other officer of the corporation, until the same shall have been first laid before the executive committee and shall have been supervised, recommended, and reported on by them, and the report shall have been adopted by the council. [It is the duty of the city treasurer to act as secretary to the executive com- mittee, and keep a record of all minutes, orders, and reports, but the committee may, from time to time, allow the assistant treasurer or one of the clerks in the office of the treasurer to act as such secretary. For his important duties in connection with this committee, see especially by-laws 2iM') and 3I19J. 82. Notwithstanding anything in this by-law contained, the treasurer of the city may pay : — (1) All sums not exceeding $10, on the order of the mayor, or, in his absence, on the order of the alderman acting for him, or the chairman of the executive committee; the account therefor having been first certified by the superior officer, under whose supervision the expenditure was incurred ; (2) All daily and weekly wages appearing by any pay-sheet to be due any person in the employ of the corporation, all accounts for freight charges, customs duties, telegrams, insurance premiums on city property, or for gas or light supplied to city buildings, and when the council does not hold fortnightly meetings, between the 20th July and the 20th September in any year, all progress certificates (but not final certificates), given for any contract bearing the city seal which may accrue due to any person ; and every such pay-sheet, account, or progress certificate shall be duly certified and signed by the superior officer of the department in which such payments are due, or under whose supervision such contract is being performed, and also by the chairman of the conmiittee of the council having control of the same, and countersigned by the mayor, or, in his absence, by the chairman of the executive comniittee. The particulars of all such payments shall be included in the next report to the council of the committee having chargo of the service, matter, or work in respect of which such payments are respectively made. 83. The treasurer shall carry the unexpended balances at the credit of any of the committees or other services on the Slat Deeember in any year to the credit of the several committees or services [by-law 3110], after making due provision foe all ascertained liabilities on account of such services. 84. It shall further be the duty of the executive committee : — (1) To present to the council, OJi or before the last Monday in April in each year, a full and particular exhibit of the financial affairs of the city at the termin- ation of the preceding financial year, and the estimates of the amount required to be raised by assessment during the current year ; (2) To recommend for appointment by the council, at an early day in each year, after the adoption of the estimateB. the names of suoh nuruber of fit and TORONTO STANDING COMMITTEES. 347 proper persons to be collectors of taxes as may be necessary for the performance of that duty ; (3) To introduce a by-law after the adoption of estimates in each year to rej^ulate the manner in which the revenue required for the current year shall be raised ; (4) To consider and report as often as may be necessary, on the mana>»ement of all matters connected with the railway stock, bonds, or other securities held by the corporation ; (5) To have the supervision of the books of account, and of all documents and vouchers, moneys, debentures, and securities, in the treasurer's office ; (7) To advise the treasurer when called upon to do so, in all matters pertaining to his oftice ; (7) To see that all duties which ought to be performed by the treasurer and the officers in his department are properly executed ; (8) To forbid the sij»nin}j or delivery of any cheques, or of any security, or the payment of any money by the treasurer, if they shall think it expedient so to do, until the matter can be further considered, or can be referred to the council ; (9) To regulate all matters connected with the receipt and payment of money, and to order the adoption of such regulations in connection therewith, as may bo deemed necessary for the prevention of any payment being made in contravention of the by-laws and resolutions of the council, and generally to manage the financial affairs of the city [including the rating and collecting of water raten], [The words in brackets were added by by-law 3119.] (10) To direct the purchase of books and stationery for the several departments of the corporation, the advertisement of the city notices, and the performance of the corporation printing, and from time to time report thereon to the council; (11) To cause to be furnished to the council, not later than the second meeting of the council in every month, after the passing of the annual estimates and from month to month, a statement of all amounts expended during the previous mouth by every committee, and the balance remaining at the credit of such committee, which statement shall be according to the form "A" in the schedule to this by- law. [^By sec. 2, by-law 2985 it is also provided that the executive committee shall, in addition to its' other duties, perform tiuise heretofore performed by the committee on legislation and the reception committee). (12) To consider and report on all matters for which it may be necessary for the city to seek legislation. (13) Toattond to all matters in connection with receptions and entertainment* of a public char.icter under the direction of the council. [By by-law 3119 (s. 12) the financial portion of the water-works department, including the of!icej>*. ratmg and collection of water rates, is under the executive committee. Tl.e works and property of the water-works under the direction of the committee on works (see below, s. 88, sub-s. 7)]. 348 SPECIAL IllLES OF ONTARIO CITY COUNCILS. 85. The minutes of proceedings of all other committees shall be furnished to tho executive committee from time to time, when required by the executive com- mittee. 86. In cases of emergency or necessity, and on a report in writin*; from the superior officer or assistant officer of the department in which the emergency or necessity arises, stating generally the locality and nature of the service required, and probable cost of the work to be done, and upon the chairman of the committee to which the same appertains, endorsing thereon his approval and the date of his signing the same, a sum not exceeding $200 in all for anyone service or work, may be expended by the committee in charge of such work or service ; and it shall be the duty of the officer reporting thereon to forward a copy of such report forthwith, or at latest within twenty-four hours after the same has been signed by the chair- man of the committee, to the chairman of the executive committee : and the executive committee shall have power to order the work to cease, if they deem it prudent so to do, ar»d the said work or service shall be reported by the chairman of the committee in whose department the work or service is required, at the next meeting of the council thereafter, and on his default, the chairman of the executive committee at such meeting, or at latest at the next subsequent meeting of the council, shall make a report of the work or service ordered to be done or countermanded by the executive committee. 87. No committee or officer of the council shall exceed the appropriation made to any committee for the purpose, nor shall any committee, without the approval of the executive committee and of the council, expend money appropriated to any particular purpose on any other purpose, work, or service. 2. Committee on works — 88. In addition to the duties prescribed by law or by section 77 of this by- law, or by any other by-law of the city, the duties of the committee on works shall be as follows : — (1) To consider and report on all matters relating to sewers, drains, streets, lanes, alleys, and public thoroughfares, except such as specially pertain to other boards or committees ; (2) To report and recommend to the council such regulations for the control of drains and fences as may be requisite for the public safety and welfare ; (3) To recommend to the council, at the end of each year, such works of permanent improvement under their control which they consider essential for the Welfare and convenience of the citizens to be carried out during the ensuing year, to;^ether with the estimated cost of the works so recommended ; (4) To see that the duties of the city engineer and his staff are properly executed : (5) To give effect to all orders of the council in relation to the performance of works under other committees ; (6) To confer from time to time with any other committee, commission, or company having any special or statutory right in the streets, so as to provide a TORONTO STANDING COMMIITEES. 349 aniform system of opening up streets, or breaking in upon the macadamized or paved portions thereof, with the least possible damage thereto. (7) To manage and report on all matters relating to the water-works of the city and property of the city connected therewith, except as to the financial portion of the water- works department, including the offices, rating and collecting of the water rate9» which are to be placed under the direction of the city treasurer, and under the control of the executive committee. [Sec, 81) repealed by by-law 3119 and the duties of committees on markets and licenses added to those of the committee on property. See beluw, sec. Ii2, sub-8. 7-11]. [Sec. 00 with respect to committee on water- works repealed by by-law 311l> and the duties of that committee added to those of the committee on works. Sec above, sec. 88. subs. 7] . ii. Committee on fire and light— 91. In addition to the duties prescribed by law or by section 77 of this by- law, or by any other by-law of the city, the duties of the standing committee on fire and light shall be as follows : — (1) To manage the fire department of the city, and the buildings and property connected therewith, and report on the organization, strength, and efficiency of the fire department ; (2) To report on the lighting of the city, on the erection of lamps and electric lights, and the inspection of gas meters ; (3) To consider and report on all matters connected with the establishment of fire limits, the inspection of buildings with reference thereto, and the prosecu- tion of offenders against such regulations as may be enacted ; (4) To confer with the committee on works, so as to provide a uniform system of opening up streets or breaking in upon the macadamized or paved {Kjrtions thereof with the least possible damage thereto. 4. Committee on property — 92. In addition to the duties prescribed by-law, or by section 77 of this by- law, or by any other by-law of the city, the duties of the committee on property shall be as follows : — (1) To manage and report on all matters connected with wharfs and other property of the city abutting on the waters of the bay ; (2) To manage and report, in conjunction with the executive committee, on all matters relating to the filling in of water lots, the adjustment of the amount to be charged to the respective owners of water lots in respect of said work, and the assessment therefor, in accordance with the legislative enactments in relation ••hereto ; 350 SPECIAL RULES OF ONTARIO CITY COUNCILS. (3) To nianaj^e and control, subject to the approval of the council, all city property except the lands in actual uae for park purposes, and such lands, buildings and property aw by this by-law or any other by-law is placed under the control or management of any other committee or authority ; (4) To consider and report (in conjunction with the executive committee) on all matters connected with the sale or disposal of the lands deeded to the city of Toronto by tlie trustees named in a certain patent from the crown, dated one thousand eight hundred and eighteen, and which lands are commonly known as public walks and gardens, and to manage and direct the disposal of the funds accruing from such sales, in such manner as may be consistent with the acts of the legislature in that behalf, and most conducive to the interests of the city ; (5) To consider and report on all matters connected with the leasing or selling of city property ; (6) To manage and report on all matters in connection with the purchase of sites for public buildings, and the erection and maintenance of all buildings erected thereon, where the same are under their management or control. (7) To manage, and report on, all affairs relating to the regulations of the public markets and weigh-houses, the inspection of weights and measures, the prevention of forestalling or regrating, the regulation of the assize of bread, the dealings of hucksters, the cleaning of markets, and the prevention of tiie sale of tainted or unwholesome food ; (8) To report on the levying and collecting of market dues or tolls and weigh-house fees, and the rental of market stalls ; (9) To attend to all matters pertaining to cleaning and watering the pubhc streets and lanes, and the scavenger work of the city ; (10) To regulate all matters connected with the gaol ; (11) To regulate all matters connected with licenses issued by the corporation, [By sec. 2 of by-law 2985 it is provided that : — " The committee on property shall, in addition ,'> its other duties, perform those heretofore performed by the court house com .^i ♦"tee] ." S. Committee on parks and gardens — 93, In addition to the duties prescribed by law or by section 77 of this by-law, or by any other by-law of the city, the duties of the committee on parks and gardens shall be as follows : — (1) To manage and report on all matters connected with the preservation of grounds set apart for public parks, squares, gardens, walks and avenues, and the buildings erected therein, and to prevent encroachments on such properties ; (2) To report on all matters connected with fencing, ornamenting and preserv- ing of parks, squares, gardens, walks or avenues, as aforesaid, and to carry out all works connected therewith, as the council may authorize. 94. [By by-law 2985 the duties of the committee on legislation are now performed by the executive committee, see above, p. 347J . TORONTO— MONEY APPKOI'UIATIONS. 351 Q."*. [See above, p. 347. The duties of the reception committee are now performed by the executive committee under by-law 2985]. 6. Matters not specially appertaining to any committee — y(). All matters not designated as belongin^^ or appertaining to any of the foregoing committees shall belong to and be under the control of the executive committee, unless the council shall refer the same to some other committee. 7. Money appropriations, accounts, expenditures, contracts and improve- ments— 97. Except as herein otherwise provided no committee or member of the council, and no officer of the corporation, shall on behalf of the corporation enter into any contract, or incur or authorize any expenditure, without havmg obtained, by by-law or resolution, the sanction of the council; and no contract shall be entered into until the necessary appropriation shall have been made, either from the public funds or by the passing of a local improvement by-law. OS. No contract or expenditure shall be authorized or permitted in contempla- tion of a loan, whereby a debt is incurred recjuiring the approval of the ratepayers, until after the by-law for such a loan or debt has been approved of by the rate- payers, according to law, and passed by the council. 99. No work or improvement shall be authorized by the council, without either having an estimate of the probable cost thereof (or in the absence of an estimate) limiting an amount therefor ; and no contract shall be entered into for any work or improvement at a larger sum, or involving a larger expenditure, than the amount so estimated or limited. Whenever such amount is found insufficient, the fact shall be immediately reported to the council. 100. When money is duly authorized to be expended for any purpose, the amount to be expended is not to be credited by the treasurer to any committee, but he is to credit the same to an account to be opened for the object for which the money is voted, and he shall at the same time charge the amount against the fund out of which the same is to be paid, so as in show how much of such fund is from time to time appropriated ; and he shall afterwards charge against the account which is to receive the credit, the sums from time to time paid of the amount so voted. 101. In case money appropriated to any particular purpose exceeds the amount which such purpose is afterwards found to require, the treasurer shall carry the surplus to the credit of an account to be opened in his books for unappropriated money, or carry it to the general credit of the city on resolution of the council authorizing the same. 10*J. No money voted or raised for any purpose shall be applied to any other purpose, without expressly rescinding or repealing the resolution or by-law under which the same was voted or raised, so far as such resolution or by-law stated the purpose. 852 SPECIAL RULES OF ONTARIO CITY COUNCILS. 103. Every report recommending the expenditure of money shall state the t>roundB on whicli the recommendation is made, with sufficient fulness to enable the council to judj^e of the propriety of the proposed expenditure. 104., In case the expenditure is for any work or improvement the superin- tendence of which, if authorized, would fall within the duty of the city enj^ineer or some other superior officer of the corporation, the committee shall first procure a report from such engineer or other officer on the subject of the proposed expendi- ture, and showing how far the same is, in his opinion, necessary or expedient for the general interests or requirements of the city. 105. No report of a committee recommending any expenditure for any work or improvement, shall be received by tiie council, unless accompanied by the report of the proper officer, as is in the last precedin,<» section provided, except in cases of emergency, to be fully shown in the report of the committee, and assented to by a vote of two-thirds of the members of the council then present and voting. lOG. When a committee in a report recommends, or any member of the council by resolution proposes the construction of any improvement, or the expenditure of money, for or in respect of property of any kind, it shall be the duty of such committee, or member, as the case may be, to ascertain, as far as practic- able, whether such improvement passes through or along any property in which any member of the council or officer of the corporation is interested, or whether any member or officer is interested in the property for or in respect of which the money is proposed to be expended, and to report or state the facta to the council. When a committee reports that a member or officer of the corporation is interested in the property so benefited as aforesaid, no action shall be taken or permitted upon such report until the information in the possession of the committee is laid before the council, except in cases of emergency, and with the sanction of two- thirds of the members of the council then present and voting. 107. With the view of preventing members and officers of the corporation from being interested in contracts, it is hereby expressly declared that no member of the council, and no officer of the corporation, shall be interested in a private capacity, directly or indirectly, in any contract or agreement for labour, or for any materials, goods, wares or merchandise furnished to the city, wherein the city is a party interested. 108. Any violation of tlie provisions of the last preceding section of this by- law on the part of any officer of the corporation, shall suViject him to forfeiture of iiis office and immediate removal therefrom. 109. No account or claim against the city, arising out of or connected with any contract, agreement, purchase or sale, made contrary to section 107 of this by-law, shall be certified by any engineer or other otlicer of the corporation, or approved by any committee, or the chairman thereof, or paid by the treasurer. 110. Every contract shall contain a clause declaring that the contract is entered into on the part of the corporation in full faith that no member of the council or officer of the corporation has any interest whatever therein, and further declaring that the persons contracting, and their representatives, are to forfeit all TORONTO — MONEY APPROPUIATIONS. 853 claims under the contract, and for all work done, or materials, goods), wares, or merchandise furnidlied under it, if it sliall appear that any member of the council or officer of the corporation is at the time interested therein, or if any interest therein is afterwards t»iven or agreed to be given to any such member or officer, and providing that no payment shall be required unless a declaration, as re<|iiired by the next succeeding section of this by-law, is made at the time of requiring payment. 111. Every account for work done, or materials, goods, wares, or merchandise furnished for the corporation shall, before the same is paid, be accompanied by a written or printed declaration by the person claiming the same, and signed by him, to the effect that no member of the council, or officer of the corporation, is, in a private capacity, directly or indirectly interested in such account, or in any part of the work or materials mentioned therein, or of the money thereby claimed, and that the said account attached thereto amounts to the sum of 8 . If in conse- 25, 31iy, etc., IH'JO. These several Acts do not fall within the scope of this workj . 13. Auditors— The Municipal Act (s8. 258-268) provides for the appointment and duties of two auditors at the first meeting of every council after heing di organized. In the case of cities, however, it is provided that the council may pass a hy-law appointing its auditors in the month of December in each year (s. 200). Special provision as follows is made for the city of Toronto : 259. (1) The council of tlie corporation of the city of Toronto shall appoint two auditors, who shall hold office during pleasure ; (2) The treasurer shall prepare in duplicate, not later than the first day of April in each year, an abstract of the receipts and e?(penditnres of the city for the year ending on the 3l8tof December preceding, and of the ansets and liabilities thereof at that date, and shall submit the same to the auditors for examination. The auditorit shall audit his abstract with the treasurer's books, and shall make a report on all accounts audited by them, and a special report as to any expenditure made contrary to law ; and on or before the first day of May shall transmit one copy of the said abstract with their report thereon, to the secretary of the bureau <>f industries, Toronto, and tile the other in the office of the clerk of the council ; and thereafter any individual or ratepayer of the municipality may inspect the same, at all reasonable hours, ami may, by himself ur his agent, at liis own expense take a copy thereof or extraetH therefrom. 358 SPEriAL KULES OF OXTAHIO CITY COUXCJLS. 35. London Committees, etc. 1. London committee No. 1— 63. The followiiif^ shall be the duties of committee No. 1 ; — (1) To present to the couucil on or before the first Monday in March in each year a full and particular exhibit of the financial affairs of the city at the termina- tion of the preceding year ; (2) To report to the council on or before the first Monday in July in each year as to the manner in which the revenue required for the current year shall be raised ; (H) To consider and report as often as may be necessary on the manaj,'eMient of all matters connected with I'ailway stocks, bonds or other securities held by or belonj^ing to the corporation ; (4) To consider and report on all matters connected with the leasing or selling of city property ; (5) To have the special supervision of the books of account, documents and vouchers, and of ail moneys, debentures and securities in the treasurer's ofltice, and the supervision of the tri-asurer and all ofticers in his department under him ; (()) To advise with the treasurer when called upon to do so, on all matters pertaininji to his office ; (7) To see that an account is kept in the corporation's bank in the name of the corporation, and that ail moneys paid to the treasurer are deposited to the credit of that account ; (8) To see that all duties and services which ought to be performed by tlie treasurer and the officers in his department are fully executed ; (D) To forbid the signinn or delivery of any che(}ue or security for the payment of any money by the treasurer if they shall think it expedient so to do until the matter can be further considered or can be referred to the council ; (10) To regulate all matters connected with the receipt and payment of money and to order the adoption of such regulations in connection therewith af may be deemed necessary for the prevention of any payment being made in contravention of the bylaws and generally to manage the financial affairs of the corporation ; (11) To direct the purchase of stationery and the advertisements of city notice* and to reiM)rt thereon to the council ; (12) To consider and report from time to time as may be necessary as to the duties to be performed by all officers, servants, and employees of the curi>ora- tion, and from time to time as may be necessary, to consider and report an to tlie salary or remuneration of such officer, servant or employee ; (IB) To cunsider and report upon all matters relating tu tlie [irinting re<]uireil to be done for the corpoiution ; (14) To consider and report upon all matterri relating to railways in which the city may be intereKted ; LONDON STANDING COMMI'lTEES. 359 (15) To consider and report upon all matters relatin^^ to expenditures on account of criminal justice, the payment of jurors, maintenance of prisoners, use of court-liouse and t^aol, the payment of crown witnesses and all matters required to be adjusted between the corporation of tlie county of Middlesex and the corpor- ation of the city of London with reference to such matters or any of them, or to matters of a co>,'nate character. 2. London committee No. 2— 64. The following shall be the duties of committee No. 2 : — (1) To consider and report on all matters relating to sewers, drains, streets and thoroughfares ; (2) To report and recommend to the council such rcf^ulutions with regard to private buildm^^s, drains and fences as may be requisite for the public safety and welfare ; (3) To report to the council in their final report for each year on all such works of permanent improvtment in connection with the sewers, drains, streets and thoroughfares as it maybe considered essential to the welfare and convenience of the citizens to be carried out during the ensuing year, together with tlie estimated cost of the works so recommended ; (4) To direct and control the city engineer and his staff in the discharge of their duties and to report to the council from time to time on all matters connected witli the duties of his department ; (.'>) To give effect to the orders of the council in relation to the performance of works under other committees ; (G) To see to the keeping in repair of all buildings belonging to the corpointion ; (7) To see that the streets are cleaned and kept cleaned in accordance with the by-laws of the municipality; (H) To expend in such manner as shall be most advantageous and benv>licial to the citizens such moneys as shall be appropriated by the council for generul improvements within the city ; (U) To have the supervision of the street commissioner and to see that his duties are properly performed ; (10) To consider and rei)ort upon all matters relating to the holding of indutftrial, agricultural or other exhibitions ; (11) To manage and report upon all matters relating to the preservation of Victoria Turk and all other public parks, squares, gurduns or boulevards within the city or belonging to the corporation ; (12) To report on all matters connected with the fencing, planting and ornamenting Victoria I'ark and all other public parks, Htiuares, gardens or boule- vards within the city or btdonging to the cor|>oration, and to carry out all hucIi works connected therewitli as the council may authori/o ; (l!i) 'I'll consider and reiK)rt all malttirs concerning work on bridguH, buildings, otc, carried on jointly by the city and county of MiddloiMx. 360 SPECIAL RULES OF ONTAUIO CITY COUNCILS. 65. No sum shall be paid in respect of any expenditure incurred by committee No. 2 until the account therefor has been certified by the enj^ineer, or ordered to be paid by the committee. 3. London committee No. 3— G6. The following shall be the duties of committee No. 3 : — (1) To manage and report on the organization, equipment and maintenance of the fire brigade, and the supply and maintenance of the hose reels, wagons, horses and apparatus of the fire department and to see that the same are kept in good order, repair and efficiency ; (2) To see that proper books of account are kept and statements furnished to the council of all purchases and expenditures of the fire department, and of all property from time to time belonging to the tire department or used in connection therewith ; (3) To recommend the appointment and promotion of the members of the fire brigade ; (4) To report on the lighting of the city, the erection of gas or electric lamps, and the inspection thereof and of gas meters ; (5) To enquire into and report on the supply of water and the erection and maintenunce of hydrants ; (6) To consider and report on all matters connected with the watering of the public streets or squares, and the mode in which the cost thereof should be defrayed ; (7) To consider and report on all matterH connected with the establishment of tire limits, the inspection of buildings with reference thereto, and the prosecution of offenders against such regulations as may be enacted for the prevention of tires ; (8) To consider and report on the manner of heating and lighting the city hail and other public buildings belonging to the corporation, and to udvertise for tenders for the supply of coal and fuel for the use of the corporation, to receive and examine the tenders received and to report thereon to the council ; (9) To see that all supplies required for the use of the tire department are obtained by tender so far as practicable, unless otherwise authorized by the council ; (10) To iniinage and report on all matters relating to the regulation of the public markets and weighing houses, the inspection of weights and measures, the assize of bread, the prevention of the gale of tainted and unwholesome food, and all other mutters with reference t'> markets us to which the cduncil has power to pantt by-lawH ; (11) To report on the levying and collecting of feeH for weighing and rental of ■talU or Hpaceii upon the market ; (12) To report on all workn that may l>e ro*iuired for the maintenance and keeping in repair of tiie market Iiouhuh and the cleaning of the market gioundit, and to carry out all hucIi workii in coniiucliun tli«r«with an tlie council may authorize ; LONDON — TREASUUEU AND CLERK. 3G1 (I'ii) To have the control and direction of the clerk of the market, and all officers and servants employed in or about the public markets of the city ; (14) To call for tenders for the position of weigh clerk in the month of March in each year, or as may be directed by the council, to examine and report upon the tenders received, and to see to the yivinj^ of security by the successful applicant therefor, for the payment of the sum aj^reed to and the performance of his duties ; (15) To consider and report upon all matters relating to the issue of licenses in regard to matters within the control of the council, and the regulation and government of persons to whom licenses shall be issued, and the premises in respect of which licenses maybe issued, and the license fees to be paid ; (lU) To have the control and direction of the city electrician ; (17) No sum shall be paid in respect of any expenditure incurred bj' committee No. 3, until the account therefor has been certified by the engineer, and ordered to be paid by the committee. 4. London treasurer — 9L The duties of the treasurer in addition to those prescribed by law shall bel- li) To keep correct and proper books of account of all transactions relating to or occurring in his department; (2) To deposit all moneys which shall come to his hands belonging to the corporation to tiie credit of an account to be kept in tlie corporation's bank in its name, wheu auch moneys amount to one hundred dollars; (3) To supply all information relative to the finances of the city, and to all t)ther matters connected with his office, as comn>ittee No. 1 may reciuire ; (4) To conform to all directions of the said committee consistent with law and the by-laws of the city ; (5) To perform such other duties as nuiy be assigned to him by the council. 5. London clerk— 72. The dutiet) of the clerk of the council iu addition to those prescribed by law shall be : — (1) To furnish the treasurer and the chairman of each of the committees with certified copies of all resolutiouH, enactnicntH and orders of the council relative to the matters over which such coinmittei-H may re8pL>ctively have juriiidictioii on the (lay next succeeding ihat upon which the action of the council in respect thereof taken place ; (2) To comnuinirate or c^invey tu the cotnmittocs all petitionH or othiT docunientH referred by the council ; (H) Tu have control over all otfieeri employed in bin ofnr«, subject tu mik'Ii ordem an he may from time reueive front thu mayor or council ; :^()2 SPECIAL RULES OF ONTARIO CITY COUNCILS. (4) To ^ive notice to the members of the council of all meetin<;8 of the council when held on any other day than the day appointed by this by-law, on the day previous to that on which such meetinj;; is to be held ; (5) To have charj^e of the city seal and to attach the same to any document connected with the council on the order of the mayor, of the council, or any of the committees thereof ; (6) To cause to be mailed to each member of the council, not later than the Saturday preceding each regular meeting thereof, a copy of the minutes of the last regular (and special, if any,) meeting or meetings of same ; (7) To perform such other duties as may be assigned to him by the council. 6. London engineer— 73. The following shall be the duties of the engineer : — (1) To examine all work done for the corporation and to certify as to the com- pletion thereof to his satisfaction, and the amount to be paid in respect of such work ; (*2) When inquired by committee No. 2, to prepare plans and estimates for all works rerk in nut dune by contract ; GUELPH STANDING COMMITTEES. 363 (5) To keep a correct record of the men employed by the corporation on street repairs, and of the time they are employed, and the waj^es paid to them, and to make a return thereof to the city engineer once in each week ; (<)) To perform such other duties as may be assigned to him by the council, or No, 2 committee or the city engineer. 8. London cheques — 70. All cheques upon the corporation's bank for any sum of money what- ever to be paid on account of the city shall be signed by the treasurer and counter signed by the mayor, or, in case of his absence or illness, by one of the aldermen. 9. London money appropriations- Si. Any bill for the appropriation of money brought in on the report of a committee of the whole shall pass through all its stages without being agam referred to a committee of the whole unless upon special motion. 77. All appropriations of money shall be submitted to a committee of the whole before being taken up in full council. 78. No money appropriation shall be finally acted upon by the council until it has been first referred to the finance and assessment committee, and no money sliall be paid by the treasurer or any expenditure be authorized by any member of the council without a resolution of the council ordering the same and specifying the amount. 86. GUEI.ni CoMMITTKKP, ETC. 1. Duties of standing committees - Oo. Each standing committee s'.uill report to the council at the second regular meeting in each montli a correct statement of all moneys expended, the amount for which the funds of the committee are liable, including contracts, the balance at the credit of said cointnittee after making provision for afi>re8aid payments and liabilities —sucii statement shall be made up to the end of each preceding montli. Wt. It shall l>c the duty of the finance committee to examine and re{K)rt on all accounts referred to tliem, to examine and report t)n all annual eHtimates of (■xpe:iditure, propusiils for pundiase of UelMiiitureH or other municipal securities* to prepare ewtinrites of the roven ., exitendititres and asHesHUtent of each year, to liave in cliarge ever>tliing relating^to printing and stationery and generally all nnktters eonnucted with the (InanceH of the city. (i(i. 'I'ho water vMtrks eoniinittee Mhall have the superviMioii and charge of the water workit of t.iu city of (luelpli, and tint |>orHoiiH employed thereon and in ronneetion therewith, and of all contracts for nupply of water and of tlie Hiipply of materiaU and of thu laying uf muuiH and itervicuH, and uf :iil work in 804- SPECIAL RULES OF ONTAUIO CITY COUNCILS. connection therewith, and of tlie makin^; of assessments and char>*e8 for the use or supply of water, and of tlie keepin>; of books of account and other books used in connection therewith. 67. The board of works shall have in charge all matters connected with the construction, repairs and improvements of the streets, highways, bridges, side- walks, sewers and drains of the city and encroachments on and obstructions and injuries to the same. 68. The market and public buildings committee shall have charge of the public markets, the market 8(juare, the drill shed, the city hall buildings, and all stalls and other erections connected with the said markets. 69. The committee on fire, water and gas shall have charge of the engine house, steam fire engine, all fire apparatus, tanks and wells, and all other matters and improvements connected with the suppression of fires and tho lighting of the street lamps of the city. 70. It shall be the duty of the relief committee to expend in a proper and judicious manner the appropriation made by the council for the relief of the poor or infirm of the city. 71. The committee on parks and shade trees shall have in charge the exhibi- tion and other parks and buildings and fences therein and all matters connected with planting trees, shrubs and fiowers, whether in parks or on streets, and the protection of the same. 72. It shall be the duty of the by-law and license committee to examine and report on the true interpretation, efficiency or otherwise of existing by laws or any of them, to revise and consolidate them if refjuired, to prepare and introduce new by-laws, and to report on all matters respecting licenses referred to them by the council. 73. The police committee shall have in charge the police office and cells, and the disposition and management of the police force, and all matters relating thereto. 74. The railway committee shall ha/e in charge all matters connected with milways in which the city is directly or indirectly interested. 75. Nevertheless each of the aforesaid committees in the exercise of their H'>veral functions when the same are not expressly prescribed by statute or by-law shall be under the control and direction of the council. 70. It shall be the duty of each of the aforesaid committees to report to the (oinicil on or before its second regular meeting in April of each and every year, a general statement of its proposed improvements, repairs and expenditure, together with an estimate of revenue, if any, which may fairly be expected from the depart- ment under its supervision for the current year, the council shall then refer these Hevcral re[)ort8 with or wicbout amendment to the finance committee who shall prepare and report to the coancil on or before its first regular imn'ting in May, an tMtinmtc of the total revenue, expenditure and assessment for the said year, based on th« afureaaid reports au data. GUELPII STAN I UNO O^MMITTEES. 305 77. The council shall then on the receipt of the report of the finance com- mittee amend or not the aforesaid reports of the standinji committees, reducinj,', increasing, or confirming the several estimates of each or any of them as they deem necessary and advisable, and such several reports thus amended or confirmed shall then be adopted and the several sums set down in each shall constitute the appropriations for the several committees for the said year. 78. No expenditure of the appropriations granted under the seventy-seventh section of this by-law shall be made by any committee until a detailed report of eveiy such expenditure shall have been submitted by each committee and approved by the council («). In case, however, of emerj,'ency, or sudden injury or damage to municipal property, requiring immediate repairs, the appnipriate committee may, witliout the sanction of the council, expend a sum not exceeding fifty dollars on such repairs. 79. The council may at any time during the year make a different applica- tion of tlie appropriations made under the seventy-seventh section of this by-law, or such unexpended portions of them as remain in the treasnrei 's liands, but no moneys hereafter voted or raised for any purpose, sliall be applied to any other purpose, without expressly rescinding or repealing the resolution, report or by-law, by or uniler which the same was voted or raised, so far as such resolution, report or by-law stated the purpose. 80. Any committee or chairman of any committee expending more than the said appropriation of money, for which no provision has been made, shall be personally liable for every such excess or expcniditure over and above the appro- priations of the aforesaid report. The council, may, however, pass a by-law to indemnify him or them for each such breach of this by-law, and make provision for the payment of such excessive expenditure 81. On the third Monday in November in each year, the clerk shall advertine for all accounts due by the corporation to be sent in, and at the second regular meeting in December, of the council thereafter each committee shall present to the council a full report of tlie receipts and expenditures in tlunr several depart- ments under their control for the current year. 2. Guelph -Payments, moneys, accounts, etc. — 82. All accounts shall be rendered to the clerk, and presented by him to the council ; they shall then be referred to the appropriate committees, which shall report to the council, and if correct recommend their payment, and when such report is passed by the council the chairman shall give his order for the same, stating the name of the comniittee to whose account it is to be charged, the number of the report recommending payment, and date on which such report was passed in council, when the treasurer may on receipt of such order countersigned by the mayor, or in his absence by tlie chairman of the finance cununittee, pay the Hame out of such moneys aH have been appropriated for that purpose, and (a) Kulf :i8 proviiluM that " no iiMtciflc apprDiiriiitiuo iliiUl bu made ur ilfttrmiiti-d ou until it ItM been ri'iMirti'tl cm by the appropriiktiun i-otiiinitt •>•■** 3G6 SPECIAL RULES OF ONTARIO CITY COl^XCILS. bhall ttle in his office all such accounts duly receipted and numbered to correspond with voucher in his receipt book, but no such order will be necessary for the payment of debentures, interest coupons, county rates, bills discounted, gas accounts, water rates, fixed salaries, school moneys, hay and oats, relief orders no*> exceeding five dollars, pay list of board of works, when certified by the chair- man and foreman, and the treasurt-r sliall pay no moneys otherwise than provided in tills clause. 83, After the introduction and passing; of the estimates for the year, and by- law, reports and resolutions proposing an expenditure of money shall receive a two-thirds vote of the members present, and shall then be referred to the finance committee to report the ways and means, and in no case shall any committee or officer of the corporation act upon any such by-law, report or resolution, till a report of said committee certifyinji the mode of providing; tlie necessary funds has been adopted by the council. 84. No contract shall be authorized or permitted in contemplation of a loan whereby a debt is incurred requiring the approval of the ratepayers until after such loan or debt has been duly passed and has been approved by the ratepayers, according to law, nor shall any contract be valid or binding on the corporation provided the same exceeds the value of fifty dollars, unless the same sliall have been submitted to and approved by the council and signed by the mayor and the clerk, and having the corporation seal attached. 37. Bflleville — Committees and Officers. 1. Special duties of standing committees — <)3. In addition to the general duties prescribed, the special duties imposed on the executive committee shall be as follows : (1) To supervise all the contracts, orders, engagements, reports, recommenda- tions, and proceedings involving the expenditure of money, of all or any of tlie other committees of the council, or of any officer of the corporation ; and no contract, order, engagement, report, recommendation, or proceeding involving the expjuditure of money of any of the said committees other than the executive committee, or of any officer of the corporation, shall have any legal effect or operation until the same shall have been laid before the said executive committee, and reported therefrom to the council and passed in the usual manner ; (2) To supervise all accounts, expenditure and outlay, and all sums payable under contract, of all the other committees, before any moneys are paid therefor, and shall require the law, and by-law» and resolutions of the council with respect thereto, to be complied with before claims or accounts are paid ; and no account, claim, demand, or request for money whatever, not expressly authorized to be paid by statute, by-law, or resolution of the council shall be paid by the treasurer until the same shall have been first laid before the said executive committee and reported therefrom to the council and passed in the usual manner ; liELLEVILLE STANDINfJ COMMI'ITEES. 867 (:*) The executive coinmitt<;e shall have the right to object to any contract, onler, en^jagement, report, recommendation, claim, account, or proceeding involv- ing the expenditure of money, should the same either (1) not comply with the law, or with the by-laws of the council, or (2) exceed the appropriation made to the committee reporting, or (H) exceed the appropriation to the special work or service reported on, or (4) rccjuire the expenditure of money beyond the estimates for the year for any work or service. In case any contract, order, engagement, report, recommendation, claim, account, or proceeding of any other committee shall be objected to by the executive committee, on any of the grounds aforesaid, and the objection appealed against by any member of the council, the appeal shall not be sustained, nor the matter in question adopted or passed by the council except by ii two-thirds vote ; (4) To cause all contracts, orders and expenditure authorized or ordered to be paid, by the executive committee, to be entered by the secretary in a book to be kept for that purpose (to be called the appropriation book) distinguishing therein the liability authorized, and the expenditure made, in separate accounts against the committee to whose department they belong and against the appropriations for the committee, contract, order, work or service, respectively ; and it shall also be the duty of the executive committee to cause to be kept in such book an entry of all appropriations made, or allowed to every committee and every service, and all entries shall bear the respective numbers of the minutes authorizing them. No account or other claim authorized by the executive committee shall be passed for payment unless it bear the particular number of the minute referring to it; (5) To present to the council, on or before the last Monday in April in each year, a full and particular exhibit of the financial affairs of the city, and the estimates of the amount required to be raised by assessment during the current year: (G) To introduce a by-law after the adoption of the estimates in eacli year to regulate the manner in which the revenue required for the current year should be raised ; (7) To consider and report as often as may be necessary, on the management of all matters connected with any securities held by the corporation ; (8) To have the special supervision of the hooks of accounts, documents and vouchers, and all moneys, debentures and securities, in the treasurer's office, and ^hall also have the supervision and direction of the treasurer, and of all other officers in his department ; ('J) To advise the treasurer, when called upon to do so, in all matters pertain- ing to his office ; (10) To see that all duties and services which ought to be performed by the treasurer and the other officers in his department are fully executed; (11) To forbid the signing or delivery of any ohequos, or of any security, or the payment of any money by the treasurer, if they shall think it expedient to do so, until ttie matter can be further considered, or can be referred to the council ; 868 SPECIAL RULES OF ONTAIUO CITY COUNCILS. (12) To ret^ulate all matters connected with the receipt and payment of money, and to order the adoption of such rej,'ulation8 in connection therewith, as may be deemed necessHry for the prevention of any payment bein^ made in contravention of the by-laws, and generally to niana^^e the financial affairs of the city; (13) To direct the purchase of books and stationery, and the printing of the city ; (14) To cause to be furnished to the council as often as required a report of all amounts expended by every committee, and also totals of all estimates or ascer- tained liabilities of the city ; (15) Each other standing committee of the council shall have and possess all the powers and authority and observe and perform all the duties heretofore conferred or enjoyed on, or performed by it, except as herein or hereby limited or modified ; (1<») All matters not specially belonginjj; or appertaining to any committee of the council shall belong to, and be under the control of tlie executive committee, which shall have power to deal with the same, unless otherwise ordered by the council ; (17) Any other committee which has had referrnl to it by the council for consideration, 11 uy account, proposed expenditure or items which reipiire consid- eration, by the executive committee may report over to such executive committee for consideration and report. 2. Money appropriations, accounts, expenditures, contracts and improve- ments in Belleville— OL All appropriations of money shall be submitted to a committee of the whole before being taken up in full council. <».j. No committee, or member of the council, and no officer of the corporation shall on behalf of the corporation enter into a contract, or incur or authorize any expendituro, without having obtained by by-law or resolution, the previous authority or sanction of the council, except in the case of great emergency, and then only to no greater extent than $2o, and in such case a report shall be made imjnediately to the chairman of the executive committee, and the executive connnittee shall have power, if deemed prudent, to order the work to cease until it bo laid before the council. 0(>. No committee or ofiicer of the council shall exceed the appropriation made to such committee or ofiicer for any purpose. Nor shall any committoe^ without the consent of the executive committee and of the council, expend momy appropriated to any specified purpose, work or service on any other than that for which it was appropriated. <)7. No contract or expenditure shall he authorized or permitted in contem- plation of a lo.;.'., whereby a debt is incurred re(iuiring the api)r()val of the rate- payers, until after the by-law for such loan or debt has been duly passed, and han been approved of by th" ratepayers according to law. BELLEVILLE STANDING COMMI'ITEES. 369 68. Prior to the introduction and passing of the annual estimates of receipts and expenditures, all resolutions of the council or by-laws professing to authorize the expenditure of money sliall only be passed subject to a reference to the executive committee to estimate for the same, and after the introduction of tlie estimates, such by-laws or resolutions shall only be passed subject to a two-thirds vote of the council for such reference, in order that the said committee may consider the means of providing funds for the same, and in neither case shall any committee or officer of the corporation act upon any such by-law or resolution until a report of the executive committee certifying the mode of providing funds, has been adopted by the council. 69. In all cases where a resolution of council or by-law provides for the issuing of debentures for the purpose of raising the ways and means of meeting the expendi- ture thereby contemplated, the same may be passed by the council without the reference in the preceding clause mentioned. 70. No work or improvements shall hereafter be authorized by the council, without either having an estimate of the probable cost thereof, or (in the absence of an estimate), limiting an amount therefor ; and no contract shall be entered into for such work or improvement, at a larger sum or involving a larger expenditure than the amount so estimated or limited ; and if such amount is found insufficient, the fact is to be reported to the council before the work is commenced or contracted for. 71. For the purpose of better securing to the council full and accurate information before being called upon to authorize the expenditure of city money,, every report recommending* an expenditure of money shall state the reasons and grounds on which the recommendation is made, and shall as far as practicable, state the same with sufficient fulness to enable others to judge of the propriety of the proposed expenditure. 72. With the view of preventing members and officers of the corporation from being interested in the corporation contracts, it is hereby expressly declared that no member of the council, and no officer of the corporation shall be interested in a private capacity, direcilyor indirectly, in any contract or agreement for labour, or for materials, goods, wares, or merchandise, furnished to the city, wherein the city is a party interested. 73. Any breach of the duty imposed by the preceding section of this by-law, on the part of any officer of the corporation shall subject him to the forfeiture of Lis office, and an immediate removal therefrom. 74. No account or claim against the city, arising out of or connected with any contract, agreement, purchase or sale made contrary to this by-law, shall be certified by any officer of the corporation, or approved by any committee, or the chairman thereof, or paid by the treasurer. 75. Every contract shall contain a clause declaring that the contract is entered into on the part of the corporation in full faith that no member of the council, or officer, or servant of the corporation has any interest tlierein, and further, all claims thereunder for payment or recompeuse shall be forfeited absolutely if it h% B.M.t. — 24 370 SPECIAL RULES OF ONTARIO CITY COUNCILS. found that any such member, officer or servant is interested in the subject matter of the contract, or is to receive or has received any reward or remuneration in connection therewith. 70. Every account for work done or materials, goods, wares, or merchandise furnished for tlie corporation shall be accompanied by a written or printed declara- tion by the person claiming the same, and over his signature to tlie effect that no member of the council or officer of the corporation is in a private capacity, directly or indirectly, interested in such account, or in any part of the work or material men- tioued therein or of the money thereby claimed, and that the said account amounts to S . But if from any sufficient cause a declaration cannot be made, the executive committee may receive other evidence and report what they do for the information of the council. 77. With a view of further carrying out the various objects embraced in this by-law, every account before being paid shall be certified firstly by the officer, under whose superintendence the work was done, or material was provided, and secondly by the committee (if any) under whose authority the contract or expendi- ture was made, this latter certificate being given by or by order of such committee, or a majority thereof, and signed by the members or by the chairman in their presence; and such certificate shall also refer in some distinct manner to the by-law or resolution of the council by or under which the expenditure was autho- rized. 78. In case the committee has reason to believe that any member of the council, or officer of the corporation is interested in any account pr»^sented for the approval of such committee, it shall be the duty of such committee to withhold a Cirtificate, and to give the parties interested and supposed to be interested in the account, an opportunity of disproving the supposed interest, and if they fail to do so to the satisfaction of the committee, it shall be the duty of the committee to report the same forthwith to the council. 3. Duties of Belleville clerk— 82. The city clerk sIkUI perform all duties ordinarily belonging to his office, as well as all of the duties imposed upon him, as such officer, by any Act of parlia- ment, or by-law of tliis corporation, and made incidental to the office of corpora- tion clerk. 83. He shall be re JO 294 1 295 294 294 294 294 310 310 310 310 306 306 308 295 295 296 295 296, 297 296 297 357 313 311 811 311 307 307 309 o s CB u 295 296 295 295 296 297 297 313 311 311 311 309 309 809 a, '3 a O a o 295 295 295 295 295 295 295 295 295 295 297 297 313 311 311 311 309 i 3071 807 309 307 307 311 311 311 309 309 1* s ■*^ .- I occ o CO 379 295 295 295 313 311 311 311 309 295 295' 195 295 295 295 296 297: 297 297 297 311 311 311 311 307 307 <8 03 295 295 295 295 295 OB V eS u O CG ! OQ 311 311 311 311 307 307 309 309 309 295 295 295 295 295 297 1 297 297 297 295 295 295 295 295 297 297 311 311 311 311 309 309 313 311 311 311 309 309 809 ANALYTICAL INDEX. 411 City Councils of Ontario, rules of — Continued. Bills— not to be introduced in blank or in an imperfect shape . . readin^^s of, and proceedin<,'s thereon readings of, certified by clerk read three times before sij^ned read twice before committed. . referred after second reading to a committee rules with respect to printing By-Uncs — to be deposited in clerk's office 312 to be printed, endorsed and bound ! 312 c o u o H 306 308 310 30(5 300 308 302 Cheques City clerk — to call special meetings to read minutes to take down names of mem- bers at council meeting when there is no quorum special rules relating to, in several cities City engineer City property — See Property com- mittee on City solicitor City treasurer City icorks — See Works committee Collectors of taxes Committees — Select and standing — aldermen appointed when absent appointment of standing com- mittees 347 2GC 270 208 355 354 346 et nei/ 346 316 316 0) 311 311 307 307 300 313 313 367 371 271 269 370 u o ■<-> c u o o e 311| 311 311 1 311 309 1 309 309 309 267 271 269 372 871 317 317 267 271 271 308 311 307 307 271 c o CD C i4 ^ 5 S 9 -a ^ 308 311 307 307 271 269 269 308 311 307 307 313 313 358 363 267 271 269 361 362 861 317 817 c8 as 307 308 311 307 307 309 302 313 313 267 271 269 844 'u eg 9t 73 ' u 811 308 3111 311 309 309 309 309 302 318 313 ,...1 375 271 267 271 378 378 317 817 317 317 317 817 412 ANALYTICAL INDEX. c o I- o H ® '2 > -w « I c =: I e8 Si I » City Councils of Ontario, rules | of — Continued. i Committees — seUct and standing — \ chairman, absence of chairman of select committee, how chosen chairman of standing com- mittee, liow chosen chairman to sign all docu ments and papers copies of reports to be sent to members , enumeration of standing com mittees general duties of mayor ex officio a member of all meetings of standing com- mittees members introducing bills re- ferred to committee, mem- bers of that committee .... members of council may be present at minutes to bo confirmed, num- bered, indexed and recorded notices of meetings not to exceed annual appro- priations orders from, signed by chair- man or secretary quorum of regulations for conducting business secretary's duties special meetings, how called. . special rules — Bee below standing committees, number of Bub-oom mittees to adhere to rules prescribed by council to consider and report upon matters referred to them . . 332 318! I I 320 i I 332 357 318 338 3^4 326 318 328 332 330 348 334 322 332 334 336 328 824 319 327 333 321 0) s O c o g w n I o = o I si to O^ e3 09 o S 321 «5dt7 • • * • 825 827 319 819 I 329 .... 838 338 338 .... > • • • I ooY i 868 335 . . . 323 322 I 333! 333 335 335 319 327 833 321 339 327 327 319 388 319 833 319 • • • • 819 839 319 819 829 OuO • • • • 883 . 829 . 325 323 841 839 ... . 889 . . . . 325 .333 335 329 327 839 823 833 1 333 335 835 819 819 319 3271.... 327 I I 338 819 .321 337 839 835 819 325 325 339 383 887 335 823 883 333 886 325 389 339 319 337 319 339 825 325 327 u o «a a u OQ 833 319 838 321 337 827 319 319 319 I 829 j 329 ....! 333 323 338 385 885 82i 328 333 336 829 836 323 333 336 839' 339 829 326 389 839 ANALYTICAL INDEX. 413 s 1 o H 340 340 340 340 338 342 352 334 • • • • • JO 1 1 341 341 341 341 339 343 370 335 366 n3 u B e3 u CQ s O • c S s • c s CD c as -i J 341 341 341 339 343 335 358 359 3G0 1 1 Ottawa. Qi r^ d u a: City Councils of Ontario, rules of — Continued. Committees— select and standing — to examine accounts 341 to jiive effect to by-laws and resolutions of council 341 to prepare and introduce by- laws to report annually 341 to report to council from time to time to see that corporation officers give security .... 339 • • • • 339 336 339 339 343 to withhold certificates where officers are interested in . . votes in, to be recorded 335 See for special rules of certain cities relating to committees as follows : Belleville- standing committees Guelph — standing committees in general 363 London — committee No. 1 . . . . No. 2 .... No. 3 Stratford- board of health .... 377 board of works 375 court of revision .... • . • . 378 license and printing fire, gas and water . . 375 376 376 377 • mnrket and police .. ! * * park and cemetery . . Toronto — executive 344 849 350 349 348 351 fire and light parks and gardens . . oroDertv works matters not speciall}* appertaining to any committee, reports of committee .... 414, ANALYTICAL INDEX. a o u O H City Councils of Ontario, rules of — Coutiuned. Comviittce on works — See Works, committee on CoinmiUte of the whole — appropriations of money first considered therein chairman appointed by mayor divisions on mayor resumes chair and pro- ceeds with next business if motion ciu lied to rise with- out reporting, or that chair-; man leave chair motion to rise without report- ing?, or that chairman do leave the chair, always in order no debate on motion to rise and report questions of order in, to be decided by chairman rules of council observed as far as applicable unprinted bills and reports not to be considered in, except under certain conditions .. what rules of council do not apply in when disorder arises in, mayor resumes chair without ques- tion put 302! 302 Contracts — by day's labour 301 304 304 804 302 302 302 304 355 frauds by contractors i 350 Corporation officers — not to be interested in corpo ration contracts 852 to examine and certify ac- counts Council, proceedings in — Seejieet- ingt of council Court of revision — appointment of 353 318 3G8 303 u o -*» s u pq 303 303 303 s o B eS n c o ■*» OB c DO n S (8 303 1 303 303 363 344 803 303 303 to o c u a OS cc 305 305 305 305 303 305 1 3U3, h03 303, 303 303 1 305 305 305 305 303 805 805 305 305 305 3051 305 805 303 303 303 303 805 1 303 321 821 247 803 247 303 803 819 306 247 305 305 305 305 i 8051 805 305! 305 hi o eS U 303 303 380 303 303 305 305 305 305 303 303 i 303 303 305 819 305 303 805 2471 821 87S ANALYTICAL INDEX. 415 • o o ■*a *^m a > p 0) u o V H n C eS CQ City Councils of Ontario, rules of — Cuiitinued. Debate— I dilatory and other motions per ' missible during 290 on motion in committee of tl)e; wliole to rise without report- ing or tliat chairman leave chair 304 on motion in committee of the whole to rise and report . . ' 30J on previous question 2i)*_' rules of conduct and debate — See Members Divisions ' 278 Elections Engineer, city — See City engineer Enquiries — in writing 278 291 305; I 305: 293 279 291 a, a O a o e n CO ex a 2 c c eg O i fl El at a: C replies to | 278 34C Estimates — preparation of 293 279 Executive committee — duties of Expenditure — rules relating to 279 279 307 31)9, 344 3CC et geq et iieq\ 291 305 305| 293 279 291 291 291j 291 291 305 1 305 305 2931 293 279 Fees — officers not entitled to receive, for their own use 344 et »eq 360! 368 363 279 305 j 203 279 305 i 305 293! 293 Fire and lipht, commiltie on — duties of ; 349 Gardens — See Parks and gardens Lay on the table — See Motions j Legislation committee — I incorporated with executive committee i 318 j Licenses — ! management aud regulation of 350 363 365 279 279 358 279 279 279 279 374 374 373 864 358 363 3441 374 86) 861 u O a u 305 305 293 279 279 279 376 375 380 379 870 375 416 ANALYTICAL INDEX. s o u o H City Councils of Ontario, rules of — Continued. Local hoard of health — appointment of 320 Markets, committee on — incorporated with committee on property (see Property, committee oji) Mayor — decisions of, on points of order in putting question not to be interrupted cannot speak while in chair. . may vote in his discretion. . . . not attending at time appoint- ed, clerk calls members to order, and chairman ap- pointed to apprise members when a motion is out of order and to cite authority to call special meetings to decide when question is finally put to decide which of two or more members has right to speak to decide points of order .... to direct preparation of orders of the day to preserve decorum and order to resume chair in case of dis- order in committee of the whole to take chair when a quorum is present to state rule of order applicable to all cases when absent, clerk calls meet- ing to order (see Meetings of council) when absent, an alderman chosen chairman Meetings of council — adjournment, hour of. 274 274 272 272 268 298 264 298 272 270 284 270 304 266 270 268 268 264 > 251 276 2/5 273 273 269 299 267 299 273 271 271 305 267 271 269 269 265 a a u 821 275 275 269 299 267 299 273 271 271 267 271 • • • • a, s O 251 275 275 273 273 269 299 267 299 273 271 271 267 271 269 269 265 a o S 251 275 275 269 299 265 273 271 271 267 271 269 269 c o OB c •» 2 319 275 275 273 269 267 273 271 271 267 271 269 269 321 275 275 273 273 269 290 265 299 273 271 271 305 267 271 269 269 265 a ^ * 819 275 275 273 273 269 299 267 299 273 271 285 271 305 267 271 269 269 265 •«3 CC u o CC 821 275 275 273 299 267 299 271 271 267 271 269 269 321 377 275 275 273 269 299 267 299 273 271 271 305 305 267 271 269 269 265 ANALYTICAL INDEX. 4] 7 5 a 2 o H City Councils of Ontario, rulei of — Continued. Meetings of councils — clerk takes down names of members present when there is no quorum inaugural meeting mayor not attending, chair- man chosen minutes read minutes numbered order of business (see Orders of the day) ordinary time of holding .... quorum, proceedings in ab- sence of preservation of order special meetings, provisions for strangers not to come within bar without permission . . . (See City clerk, committees) Members of council — accounts not to be paid, when members are interested in desiring to speak, must rise uncovered may be present at meetings of committees may require question to be read at any time during debate — but not so as to interrupt member speaking may require separate vote on each proposition combined in a motion motion may be made that any member be heard must address the chair must not be interrupted while speaking — except a point of order is raised must preserve order when questions are being put. . . . must vote on all questions if in chamber unless personally interested or excused B.M.P.— 27 > JO 268 264 268 270 357 262 268 274 264 278 352 272 328 276 298 272 272 276 274 272 269 269 271 265 269 275 267 279 369 273 329 277 299 273 273 277 276 O 269 269 271 265 269 275 267 273 329 277 29S 273 273 277 275 a, s O 273 276 271 269 271 263 271 275 267 279 a o a s S a S (4 266 271 275 265 CD si 269 269 269 269 271 271 273 273 329 339 277 277 299 299 273 273 273 273 277 277 275 275 273 273 265 271 275 267 273 329 277 299 273 273 277 275 273 269 269 271 263 271 275 265 279 cS fl8 OD a 7i O CO 269 269 271 263 271 275 267 279 273 329 277 299 273 273 277 276 273 73 u O a an 269 269 271 265 271 276 267 273 329 277 299 273 273 277 275 273 269 269 271 366 271 276 267 279 273 329 277 299 273 273 277 276 273 273 329 277 299 273 273 277 275 273 418 ANALYTICAL INDEX. City Councils of Ontario, rules of— Continued. Members of council — names voting "yea" and "nay*' to be recorded .... not eligible for appointment to office where remuneration '8 payable by council not to be interested in corpo- ration contracts not to disobey decisions of mayor or council on points of order, etc not to interfere with officers in performance of duty .... not to interfere with city work not to leave seats until mayor leaves chair not to reflect upon any vote of council not to resist rules not to speak beside question under debate not to speak disrespectfully of the queen, royal family, gov- ernor-general, lieutenant- governors, etc not to use offensive language against council or members thereof one may call for "yeas" or "nays" right of speaking on a substan- tive motion — reply allowed to mover to take their places when division is called for transgressing rules may be ordered to leave seat that meeting — in case refusal to leave may removed by police — upon apologizing may resume seat with permission of council.. when called to order to sit down— but may afterwards explain when two or more rise at once, mayor to decide who has floor (See Meetings of council) for of be s a 2 o H 278 274 355 355 280 274 274 274 274 278 276 300 274 274 272 > 279 296 352 369 275 281 274 274 274 274 274 274 279 277 301 276 275 272 a u PQ J3 a, « a O a o a 279! 279 275 275 281 274 274 274 279 301 275 276 273 28] 274 274! 274 274 274 274 274 279 279 277 301 275 276 273 279 275 281 274 274 274 274 274 279 277 301 a s OB o 279 277 277 273 373 275 fix ■ 736-" 274 274 274 274 274 279 277 301 275 275 273 279 275 281 281 274 274 274 274 274 279 277 301 276 275 273 cS 281 274 274 274 274 274 279 277 301 276 275 273 OB O a hi Si •*a QQ 279 279 296 275: 276 281 274 274 274 274 274 279 277 301 277 276 273 '2 cS U CO 279 275 281 274 274 274 274 274 279 277 301 277 276 273 ANALYTICAL INDEX. 419 City Councils of Ontario, rules of — Continued. Minutes of council — See Meet- ings of council Money expenditures — rules relating to ^1/of ions- containing distinct proposi- tions, may be divided and voted on separately for coramitment preclade all amendment until decided. . may be made to hear any member who has risen to speak may under certain limitations, be withdrawn after read . . must be in writing and second- ed before debated or put . . must be "proposed" or read by mayor before debated . . notice thereof given — unless council dispenses with .... on orders of the day. not dis- posed of, to be placed at foot of list to adjourn always in order — but second motion not al lowed until a proceeding intervenes to lay on the table to postpone the previous question to reconsider a question once decided Orders of the day — busmess taken up in the order it stands upon general motions on, not disposed of, to be placed at foot of list — unless otherwise determin- ed by council special meetings, provisions for See Meetings of council) s a o u o H 344 et $eq 361 298 288 j 272 288 : 286 ' 286 286 286 288 290 290 292 300 284 280 286 284 .2 ■> ,2 1 a g 366 ft seq • • • • 368 299 299 289 289 273 273 289 289 287 287 287 287 287 287 a o O I K 363; et seq\ 3651 299 289 273 289 287 287 287 287 287 287 289 291 291 293 289 291 291 293 289 291 291 293 301 301 301 285 283 285 285 285 283 286 287 287 285 285 286 273 289 287 287 287 287 289 291 291 293 301 287 285 a S OD a 2 874 299 299 289 289 273 289 287 287 287 287 289 291 291 293 301 285 285 281 283 287 286 09 * s 3«> 358 et seq 363 289 289 287 301 287 285 s o 344 2991 299 289 273 273 289 287 287 1 287 287 287 287 288 289 1 289 291i 291 291 293 291 293 301 285 i 286 283 283 287 286 .s ■ka QQ 49 08 U 374 299 289 273 289 287 287 287 287 289 291 291 293 301 285 285 287 285 375 et seq 380 299 289 273 289 287 287 287 287 289 291 291 293 301 285 285 287 285 420 ANALYTICAL INDEX. City Councils of Ontario, rules of — Continued. Park* and Garden* committee — duties of Postpone definitely or indefinitely ^ —(See Motionn) Petition* — may be taken into immediate consideration, in case of urt^ency members responsible for con- tents no debate on presentation .... no letters or other appendixes thereto, permissible presentation of presented in previous year, provision respecting read when required by a member referred to proper committee. Previous Question— ^ee Motions and Previous question in body of index. Printing — supervision of Privilege— See Questions Property committee — duties of Public Parks, Gardens, Cemeteries and Squares Questions — being finally put, no motion shall be made nor shall any person speak until result is declared containing distinct proposi- tions may be divided and voted on separately decision of mayor conclusive as to whether a question is finally put of privilege to be considered immediately a o u o H 850 316 314 312 314 316 314 314 u a eS u n o a o S 347 349 350 298 298 298 298 315 315 315 313 315 317 315 315 368 315 317 e o '*' CO S 313 315 315 315 299 299 299 299 299 299 299 299 317 313 315 315 317 317 317 317 313 315 315 CD a 'u ^ 6 QQ u o 313 315 363 864 2S9 299 299 299 315 317 299 299 299 315 315 315 315 815 313 315 315 315 358 299 299 299 299 299 359 299 299 299 299 315 315 315 313 315 317 315 G15 299 299 299 299 315 315 315 313 315 317 315 315 299 299 299 299 315 315 315 313 315 317 315 315 375 377 378 299 299 299 299 ANALYTICAL INDEX. 421 City Councils of Ontario, rules of — Continued. Reception committee — its duties incorporated with thoHC of executive committee Reconsideration — See Motions Solicitor — See City Solicitor Stntionerif — purchase of a 2 o 347 ^ "2 « a =3 ! cS « u 347 i 368 . . . . Standing rules — in unprovided cases, law of parliament to govern suspension of 280 281 281 Street cleaning Street Commissioner. Street lighting Street watering 280j 281 281 348 . . . Tenders — rules respecting 349 350 355 Treasurer — See City Treasurer Votes of Council — when equal, question decided in negative 272 Street Surveyor IVaterworks committee — incorporated with the works committee in Toronto (see Works) Works, committee or board of — duties of 273 873 273 Yeas and nays — may be called for 318 348 278 279 279 a f a O OS 363 281 281 364 364 364 273 863 281 281 273 279 279 s o ■<-> 09 ai O 358 ce ' u eS u ••J 4 U CO 281 281, 281 281 281 281 375 359 362 360 360 281 281 281 ; 281 376 376 376 273 273 273 279 360 279 279 273 273 876 375 2791 279 422 ANALYTICAL INDEX. Close Debate, to— a special motion of closure in certain assemblies, 97, 102 Collectors of Municipal Taxes— See Municipal Councils in Ontario, law relating to. Committee on Biills and Overtures— See Church Courts of the Presbyterian Church in Canada. Committees, Joint- in parliament, 57 provincial and general synods, 147, 148 Committees of the Whole- convenience of, 19 dilatory motions in — that the chairman do report progress (equivalent to adjournment of debate), 46 * that the chairman do leave the chair (equivalent to adjournment of the house), 46 in city councils, 302-305 Huron diocesan synod, 180 parliament, 44-46 Presbyterian courts, 220 quorum, effect of absence of, 29 reports from, 45 supply, committee of, 47, 48 Conduct of business in Ontario Councils, statutory provisions respecting— See Municipal Councils in Ontario. Conferences— in parliament, 57 general and provincial synods, 147 Conferences of the Methodist Church- annual conferences, 194-196 president of, 197 secretary of, 195 elect delegates to general conference, 197 district meetings, chairman of, 197 general conference, 193, 194 superintendent presides, 193 secretary, 193 quorum, 194 superintendents, 193, 194, 195 ANALYTICAL INDEX. 423 Conference of the Methodist CYiuveh—Cotitinued. quarterly oflicial board, 197 chairman of, 197 special committee of general conference, appointed to watch over interests of church, 194 R tiles of order — adjourn, always in order (see below), 202 bulletin of business, 206 debate, 204 dilatory motions, viz: adjourn indefinitely (not amendable or debatable), 200 lay on the table (not amendable or debatable), 200 postpone indefinitely (not amendable or debatable), 200 previous question (not amendable or debatable), 200 precedence of foregoin<» and other motions, 200, 201 how members address conference, 202 leave of absence to members, 201 limit to debate, 202 members must be within bar when voting, 204 mode of putting questions, 204 motions in general, 199 no member to stand except while speaking, 199 order of business, 198 prayer at opening proceedings, etc, 197 president (general superintendent) nominates certain committees and maintains order, 199 questions of privilege, 203 reconsideration, 202 references to committees, 205 yeas and nays, 205 Corporate CompanieB— books, 127 chairman of, 126, 127 directors' meetings, 110-1 IG Dominion statutes respecting. 108 how constituted, 107 minutes, 122 notice of, 119-122 (|uorum, 122 regulations or by-laws of, 109, 110 resolutions, 127 voting, 128-136 See Church Courtti of the Prenhyterian Church ; City Councihi of Ontario ; Con- ferences of the Methodist Church ; Directors' meetings ; Sharefiolden' meetings: Societies; Synods. 424 ANALYTICAL INDEX. Conncillors— how elected members of town, township and village councils, 230, 231 make certain declarations on assuming office, 242 resignation, 232 vacancies by disqualification, etc., 233 See Municipal Councils in Ontario, law relating to. County Council — See Municipal Councils in Ontario, laic relating to. Court of Revision- how appointed, 247, 248 See City Councils of Ontario, rules of; Municipal Councils in Ontario, law relating to. Courts — See Church Courts of the Presbyterian Church in Canada. Deacons* Court — See Church Courts of the Presbyterian Church in Canada. Debate, rules of— in parliament, 37-39 city councils, 272-278, 290-293 diocesan synods of the Church of England, 174, 175 general and provincial synods of the Church of England, 153-156 Methodist conference, 199-202 Presbyterian courts, 214-220 motions to close debate in — Builders' Labourers' National Union, No. 1, Toronto (previous question to close the debate), 97 Catholic Mutual Benefit Association (previous question), 87 International Typographical Union, No. 91 (previous question), 99, 100 Iron Moulders' Union of North America (to close debate), 102 Trades and Labour Council of Hamilton (previous question), 91, 96 Toronto (previous question), 91, 93 Declarations of Ofllce and Qualification, required from Members of Municipal Councils, 230, 241, 242 See Municipal Councils in Ontario, law relating to. Delegates to Synods— to diocesan synod, how chosen, 100 general synod " " 141 provincial synods " "149 ANALYTICAL INDEX. 425 Dcpnty-recve— members of town, township, and village councils, 230, 231 presides in case of absence or death of head of council, 246 required to make certain declarations on assuming office, 241, 242 vacancies by resignation, etc., 232, 233 votes twice under certain conditions at election of warden, 239 See Municipal Councils in Ontario, laic relating to. Dilatory Motions- adjournment of the assembly or house (see Adjournment), 21 debate (see Adjournment), 21 in committee of the whole — " that the chairman do leave the chair," 46 " that the chairman do report progress and ask leave to sit again" (see committee of the wliole), 46 previous question {aee previous question), 13-16, 36 to commit or refer in American practice, 24, 25 lay on the table (see lay on the table, to), 22, 23 postpone to a specified time (see postpone, to), 23 indefinitely (see postpone, to), 24 all such motions, as above, governed by common parliamentary law in absence of special regulations, 26 Diocesan Synods — See Synn prorogation — of general synod, 158, 15'.< provincial synod, 158, 159 question once decided not renewable except by unanimous consent, 157 put, no further debate admissible, 156 quorum. 150 standing committees, how appointed, 152 • to adjourn (not amendable or debatable), 155 lay on the table (not amendable or debatable). 155 to suspend rules of order (not amendable or debatable^, 155 vacancies in offices, how tilled, 151 voting, 150 may be taken by orders, 157 or recorded in minutes, 157 members must vote, 150 T. Toronto City Council, rules of —See City Council* of Ontario. Toronto Synod — See Synod* of the Church of England in EmjUiud. Toronto Typographical Union, No. 91— rules of, 100-101 Town Councils — See Munieipnl ConnciU in Ontario, liiw rchtiimj to. Township Councils — See Mnnicipol Conncih in Ontario, I'lw relatinif to. ANALYTICAL INDEX. 44;^ Trades and Labour Organizations- constitutions and rules, 88-103 Trades and Labour Council of Toronto- rules of, 88- See Citif Coiinrils of Ontario, riileg of. Y. Valuators- appointed by municipal councils, 254 See Municipal Councih in Ontario, law relating to. Village Council -See Municipal Councils in Ontario, hue relating to. Voices— liow taken in a division, 41, 09 Voting on Questions— by ballot in certain cases, 77 for warden in Simcoe county council, 240 yeas and nays in parliament, 42 show of hands at public meetings, 70 In following bodies — city councils, 278, 279 corporate companies, 128-136 Catholic Mutual Benefit Association, 85, 86 444 ANALYTICAL INDEX. Voting on Questions— Continued. In the follow iiKj bodies — diocesan synods of Church of England, 17G-178 general synod of the Church of England, 142, 156 International Typograpliical Union, No. 91, 99 Methodist conferences, 205 Presbyterian courts, 218, 219 Trades and Labour Council of Toronto, 95 W. Warden- head of county council, 231 mode of election, 238, 239 provisions in case of his absence or death, 245 required to make certain deelarations before entering on duties, 241, 242 resignation, 233 rule for election in Carleton county council, 240 Simcoe county council elect by ballot, doubts as to legality of this course' 382n « Waterworks — See City Councils of Ontario, rules of. Words taken down- in parliament, 41 Works —See City Councils of Ontario, rules of. (D I