IMAGE EVALUATION TEST TARGET (MT-3) V // / "S" MP^ ( J^M% ids % ^r w.. 1.0 f K ilM I.I 1.25 25 2.0 1= U 111.6 * V] >^% M /y^" O / m iV \\ -^ I^X'^O^ V ^ ^ :i7 r^^^ V ^. i CIHM/ICMH Microfiche Series. CIHM/iCMH Collection de microfiches. \ Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the be«t original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checked below. n Coloured covers/ Couvertures de couleur Coloured maps/ Cartes gdographiques en couleur Pages discoloured, stained or foxed/ Pages d6coior6es. tachetdes ou piqu6es Tight binding (may cause shadows or distortion along interior margin)/ Reliure serrd (peut causer de I'ombre ou de la distortion le long de la marge intdrieure) L'Institut a microfilm^ le meilleur exemplaire qu'il >ui a 6t6 possible de se procurer. 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Les images suivantes ont 6td reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de I'exemplaire filmu, et en conformity avec les conditions du contrat de filmage. The last recorded frame on each microfiche shall contain the symbol —^(meaning CONTINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaitra sur la der- nidre image de chaque microifiche, selon le cas: le symbole — ► signifle "A SUIVRE ", le symbole V signlfie "FIN". The original copy was borrowed from, and filmed with, the kind consent of the following institution: National Library of Canada L'exemplaire film6 fut reproduit grSce d la g6n6rosit6 de I'dtablissement prdt^ur suivant : Bibliothdque nationale du Canada Maps or plates too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes ou les planches trop grandes pour dtre reproduites en un seul clichd sont filmdes d partir de Tangle supdrieure gauche, de gauche d droite et de haut en bas, en prenant le nombre d'images n^cessaire. Le diagramme suivant illustre la mdthode : 1 2 3 1 1 : 2 3 4 5 6 D WAl THE MEMBER'S MANUAL OF PRACTICE AND PROCEDURE IN THB LEG [SLATI VE ASSEMBLY OF THE PROVINCE OF ONTARIO, WITH DECISIONS OF MR. SPEAKER, FROM 18(57 TO 189?, RULES OF THE HOUSE, ' . AND MISCELLANEOUS INFORMATION. BY CHARLES CLARKE, Clerk of the Legislative Assembly of Ontario, 1803. . „ TORONTO WARWICK BR03. & RUTTER, Pr L:93. INTKR8, 68 ANn 70 FnoNT St. Wkst 2 ^ o <« •5 it s w XL I. : PEEFAC^E. The experience of a ({uarter century of legislation, with a single Chamber, has fairly tested the system inaugnrated ui)on this Continent on a large scile when the Province of Ontario adopted it in 1867. It has developed a Parliamentary Practice which, while fashioned upon that of the British Isles, and adhering as closely to it as circumstances have permitted, has made some slight dei)arture8 from the great con- stitutional original upon which it was based. To give an intelligent outline of the Procedure of the Legislative Assembly of Ontario, as it exists to-day, and to afford a guide to the new men who enter the Cham- ber as law-makers forthe first time after every (ieiieral Election, has been the aim of the com])iler of this little work. He makes nb claim to origi- nality in conceptiofi or execution of it, and frankly admits how deeply he has been indebted to the British Parliamentary authorities from whom he has freely quoted. He has not sought to make a big book, but to produce a short compendium of Parliamentary Law which may find, he hopes, a place in the desks of the Legislators of Ontario, and be of some service to the Members of the Sister Provinces which have discarded a Second Chamber. And, while this has been the main object which he has kept steadily in view, he flatters him-.elf that the " Manual" will be of e> ^ovtn'nitii^ two millions of peo|)le, ])osHess- ini;" large centres of urban po[)\dation and hundreds of rural municipalities in all stances of {growth. She has been able to keep pace with tlie numerous wants of a territory, enormous in extent, and vary- inj^ in character from tlu; unbroken wilderness to the cultivated settlement of an older country. She has fostered education, administered justici^ pro- tected property, developed enterprise, stimulated agrieultui'al progress, and cHected legislation deal- ing with private interests to an extent which can only be thoroughly appreciated aftei* an inspection of her statute books. These things have been done smoothly, quickly, thoroughly, and with little or no necessity for appeal to the courts against any Act beyond her powers. The members of the Single Chamber, conscious of the fact that their legislation was practically final, and therefore impressed with a full sense of their responsibilities, have deliber- ately considered every disputable point, and given ample consideration to any measure submitted to them. In short, for twenty-five years the system has been on its trial, and has so justified the pre- diction of its promoters that it commands the respect and warm support of all classes in the community. U) 8 >J Uepreaeii- tation in 18(i7. Represen- tation in 1891. Projjerty (qualifica- tion un- necessary. Classes in eligible. Excep- tions. Sureties not eli- gible. Its .success is no Pftity victory. It was the out- come of a t^enetal (tesiro for ncomiiion-Heiiso reform, and, as lias been sliown, wastlie proie Senators, Mendiers of the House of Commons, and persons holding office at the nomination of the Crown. Here again there are exceptions Officers in the Army and Navy and Militia Officers (other than Offieer.s on the Staff of the Militia receiving- permanent salaries), Ju.stices of the Peace, Coroners, or Notaries Public are eligible for election. No per- son who is surety for a Sheriff, Registi'ar, County Attorney, Clerk or Bailiti' of a Division Court, or other Public Officer, shall sit or vote in the Legisla- 9 tive Assembly. H<; may be elected to that position, but must take and complete .sucli action as may be re(|uisite to relieve him from any thercaltor accruing' liability in respect of his suretyship, before he can lej^^aljy occujiy a seat in the Chamher. (See sub- sec. 2, sec. Id" chap. 11, H. S. O. 1887.) The LofTislative Assembly is called tofj^ether, for the despatch of business, throuf^h a Proclamation from the Lieutenant-Governor, wliich is i)ablished in the Onturio Gazette. By a chanf,'e in the law, nind" in 42 Vict., it is unnecessary to i.s.sue a formal proclamation foi the asscmblinii^ of the Le;.,nslature when it is not intended that the meeting .shall be for the despatch of liu.sine.ss. No fixed rule nowexists as to the Icni^th of time to ehipse between the issue of the pioclamation and the meetin^f of the House, but in practice the interval is aiwaj^s sufficient to enable ever}' Member to be apprised of the (act that a summons has been made. The call must be such that twelve months shnil not intervene between the last sitting in one Session and the first sitting in the next. 'Jhe Clerk communicates by letter with each Member, announcing to him the fact that a meeting of the Legislature has been called. A MemVter-elect, l)eiore taking his seat, makes an affidavit ms to certain expenditures incurred in con- nection with his election, takes the oath of allegi- ance and .signs the loll. (See sec. 15, chap, 11, R. S. O. 1887.) . ■ His Honour the Lieutenant Governor, attended by his suite, proceeds to the Chamber of the Legisla- tive Assembly on the day of the opening of a new Legislature, and ascertaining that a Speaker has not been elected, directs it to be announced that he will not declare the cause for callinir a meeting' of the Legislature until a choice has been made. He retires, and the ai)pointment of a Speaker is piocecded with. '1 he Clerk, sitting at (he head of the Table in the Chamber, receives nomina- tions for the position. If not more than one is made, the election of the nominee is declared. If more than one name is submitted, the first nomina- tion is first put to the vote. As the selection is gener- How meet- inpr of Leff- inlalure U called. Twelve months shall not int rvene between tlie Inst sit- ting in one HPHsirin and the tirHt hitting in the next. Prelimi- naries io taking seat. Selection of a Speak- er. o la 10 He returns thanks. Mr. Speaker accepted. The Speech from the Throne. Bill intro duced pro forma. Proroga- tion. ally from tho rank.s of the predominant party, it is seldom that more than one name is ottered. In the seven Legislatures which have been convened in Ontario, each Speaker has been called to his position without active oppo.sition. The newly-elected Speaker is conducted to the Chair by hi.s mover and seconder, and, standing on the upper stop, in conformity with an ancient cus- ton., briefly expresses his thanks foi' the honor con- ferred upon him. The Speaker takes his seat and the Mace is laid u|)on the table. After congratula- tory addresses have been made, the House is adjourned until the following day. On the day following the election of Mr. Speaker, His Honour returns to the House, when Mr. Speak"»- addresses him, informing him of the appointment and claiuiing the undoul)ted rights and privileges of the House. His Honour, through a brief foi'mal address delivered by tho Provincial Secretary, assures tho Assetnbly that its constitutional privi- leges will be recognized and then proceeds to open the Session with the I'oading of tho Speech from the Throne. This Speech, prepared in Cjouncil, is regardi'd as an outline of the policy ot the Gov- ernment, juulof the most important legislation to be introduced during the Session. lunnediately after the delivery of his Speech, the Lieutentant-Governor retires, and the Speaker then takes the Chair and informs the House of the recei])t, by the Clerk, of Reports Iroiu the Judges, and of other matters, if any, pertaining to the Election, etc. A Bill, 'p'^'o forma, is now introduced, and the Speaker announces that, "to prevent mistakes," he has secured a copy of the Speech delivered by His Honour. The Speech is ordered to be taken into consideration on some named future day, and the House adjourns. A, similar routine is gone through at the opening of every succeeding Session of a Parliament, with the exception of the proceedings at the election of a Speaker. Ordinarily, when the business of the Session is coHipleted, His Honour proceeds with his suite to 11 the Chamber of the Assembly and, takiiiji;' his seat on the Throne, listens to the r(a(lin<4. by the Clerk Assistant, of the Titles of ?jills pass J dm Ing the Ses- sion. TheCIeik, when the reading- of ':he titles is completed, turns to His Honour, who sii.'niHes his assent, and the Clerk then inoclaims that 'In Her Majesty's name, His Honour the Lieutenant-Gover- nor doth assent to these Bills." The Supply Bill is not included in the Bills thus assented to, but is presented by Mr. Speaker, in a formal speech, expressive of " unfeigned devotion to Her iVlajesty's persnn and Government," when His Honour signifies his acceptance, and the Clerk announces that " His Honour the Lieuten- ant-Governor doth thank Hei Majesty's dutiful and loyal subjects, accept their benevolence, and assent to this Bill in Her Majesty'.: name." His Honour then reads a Speech usually congratulating Mr. Speaker and Gentlemen of the Legislative Assembly upon the close of their labors, and the House is thereupon prorogued b}' the Provincial Seci'etary announcing: " It is His Honour's will and nleasure that this Legislative Assenibly be prorogued, and this Legislative Assembly is accordingly ijrorogued." Royal aysent. ml The Supply Bill. S Proroga- tion. Ml ^1 ETIQUETTE OF HOUSE. Obeisance to Chair. Members uncover and make a bow to Mr. Speaker when entering, leaving, or crossing the tloor of the House, and, although permitted to wear a head- covering when seated, uncover when rising to addi-ess the Chair or to vote. In case of sickness or bodily infirmity, a member is permitted, by gen- eral ac([uiescenee, to retain his seat wdien address- ing the House. (May, 380)— {B. H. of C, Rule 1U-) When a Message is received from the Lieutenant- Governor, "signed by his own hand," the members stand uncovered wdiile the Speaker reads it. Upon the Lieutenant-Governor or his represen- tative entering the House, at the Opening or Pro- ^f^Lieu"** rogation of the Legislature, the members remain tenant standing until he retjuests them to be seated. Governor. Message from Lieu- tenant- Governor. 12 Adjourn ment. Order after a Division. Member speaking and the Chair. Not to pass between Speaker and Mace. Position of the Mace. Removal of strang- ers. Who shall speak . Use of proper names. "Mr. Chair- man." Selection of Seats. When the iiouse •a'ljoiu-ns, the Members ai-e dire(?ted by Rule 8 to retain their seats until the Speaiver has left the Cliair. Members retain their seats after the " Yeas " and " Nays" have been taken, and until the result of a Division is annouueed by the S[)eakcr. When a member is speaking, no other ought to pass between him and the Chnir ; but, if absolutely compellL'tl to do so, must so carry himself as not to obstruct the view of the one by the other. {Rvle 17.) When the Speaker is in the Chair, no member may pass between him and the mace. {Rule 17) The mace is placed upon and aci'oss the table when the S[)eaker is in the Cliaii', but beneath it when the House is in Connnittee. At the request of live members, the galleries and floor of House may, at any time during a sitting, be cleared of sti'angers. {Rule 7.) If two or more members rise at the same time to speak, the Speaker designates the one who iirst caught his eye as entitled to then address the House. {Rale II.) In debate, no member shall speak of another by his proper name, but designate him by the title of the official position which he may occupy, or the onstitviency which he represents. {B. //. of G. Rule JO'S.) In the British House of Connnons, it is customary to address the Chairman of Committee ))y his proper name, but, in the Legislative Asseml)ly of Ontario, he is addressed as " Mr. Chairman." The Legislative Chamber is furnished with desks and seats. Those on the right of the Speaker — half of the total number — are reserved for the sup- porters of the Government, while those on his left are filled by the members of the Opposition and such Ministerial follower^ as cannot find room on what is known as the Government side. The Members of the Government are seated near to the Speaker's right, and the leaders of the Opposition occupy the seats nearest to his left. The selection of seats is 13 G. of ^ks IS made by members, through the Clerk, before the opening of a new Parliament, but, as a matter of courtesy, members of the preceding Parliament are permitted to retain their former seats, if they desire to do so. Although no important business is entered upon First busi- at the beginning of a Session, until the Government Jpggjyn^ is formally assured of the confidence of a inajoi'ity of the House, by the passage of the Address in reply to the Speech from iho Throne, it is usual to introduce a Bill, pro formd, for the purpose of assertinrr the risfht of the House to legislate without direction from the Crown. In the Joui-nal of the B. H. C. 22nd March, 1G08, it is ordered, "That the first day of every sittitig in every Parliament, some one Bill, and no more, receive a first reading for form sake." Any member speaking disrespectfully of the Disie- Soverei) During the Session of the House, members should Conversa- converse in whispers only, and refrain from indulg- •^'''"• ing in any action calculated to interrupt a member in po^ssession of the floor. When the conversation is so loud as to make it at all difficult to follow the debate, the Speaker exerts his authority to restore silence by calling "Order." (5. ^. o/" a A^t/e i'/J) {May 387.) The words " Hear, hear," are often used to denote >. u, ^ approval, but may be sometimes employed to ironi- hear." ' cally express dissent, and, if exclaimed with a loud voice, be made markedly oflensive to the member who is speaking. Whenever these or simi- lar observations are evidently intended to interfere with the proper course of debate, the Speaker will call to order, and, if the interruption is persisted in, name the offendinof member. (OOa w u Intrtxlno- tion ot .. hioiuIht. Admit- tance to the Chiunbor. Whon Mr. Speaker rises. Member called to ordtr. A inoinlxT clcettMl aftcir tli(^ c)ponin1' h I'arlia- inoiit takes tlio oath.s and .si honour to present to you Mr. member elect for the electoral district of , who has taken the oaths and sinjned tlu> roll, and now clainis the I'ii^ht to take his seat." The Speaker then replies: " I^et the honourable mend)er takt> his seat." Tlui new nuMuber advances to the ('hair, and after shaking hands with the Speaker, takes his seat. (/i. 11. of G. Rule 'J4.) Ex- Members of the Lt^i^islative Assembly, Sena- tors, Members of the House of Commons, ,Judtes and ^iven on ed with Orders . Tublic iction of Motions on the Notice PajxT undor (liscussion at <) p.m., on Wednesday an. Hide .JO.) ff any Motion on the Notice Pa])er is nndcr iiHMtionB may be put. Notice. (QUESTIONS. A memlicrof the House may put a Question re- latint( to public atiairs to a Miidstci' of the Crown, and to any othei' niemlKU- if said <^)iiestion i-elates to a P)ill, Motion or other jMililic nialtei- connected with th(! husiiHsss of th<' 'louse, in which such Miomhei' may Ix; concerned. A notice of such Question must i)e handed to the Clerk before 5 p.m., and will bo ])rint<'d in the Votes and Proceed- inn's. The (^hicstion will appear on the Oi-der P;iper on the second day after notice luis been u:iven. In i)uttin!;' a (Question, no arifument or >fo argu- opinion is to bi; ollered, nor anv drbatablt' facts "»:"t "r opinion to be offered. ^tatc'l ; and, in answerinu' such Unestion, a nuunber is not to deliate the matte)' to which it refers. May says that (.»)ueslions should be put in such manner as not to involve o))inion, argument or inference, and an answer sliould V)e confined to the points con- tained in the question, with such exj)lanation only as will ]-cnil(ir the answer intelligible without dis- cussion : but, he adds, a certain l;itituj, p. 29'), SoO:) II <0 1^ ioa 3 *" u 2 f m w vn 18 Daily Routine. First Readinf^B. Orders of the Day Third HeadingB. Considera- tion of Amend- ments to Bills. Private Members' D»ys. Govern- ment Days. Dropped Orders Order of Business after Rou- tine. ORDER OF PROCEDURE. Rule 19 provides for the ordinary Daily Routine of Business, which follows the reading of Prayers. Presenting Petitions. Reading and Receiving Petitions. Presenting Reports of Standing and Select Committees. Under the head " Motions," Bills are introduced and receive their first reading. The Orders of the Day follow Routine. When Bills have advanced thi'ough the necessary stages, Third Readings precede all other Orders. Bills reported from Committees of the Whole, with Amendments, are considered next after Third Read- ings. Bills reported, after Second Reading, from a Standing or Select Committee, are on the Orders of the day following reception of the Report, for refer- ence to Committfc of the Whole, next after Bills reported from that Committee. Monday, Wednesday and Fiiday are devoted primarily to the business of memhers not ol the Government although Government Notices of Motion and Government Orders appear, after other business, on the Order Paper for Wednesday and Friday. Government Business has precedence of all other matters on Tuesday and Thursday, which are knowm as Government Days. Government Orders are taken up in such rotation as the leader of the Administration may determine on the days on which Government matters have precedence. Orders of the Day are taken up according to the precedence assigned to each, but, if not taken up when called, ace dropped for that day, although set down in the Orders, aftei le other Orders, for the next Sitting Day. The Order of Business, after Daily Routine, is as follows : Monday. Third Readings. ' Private Bills. Questions put by Members. Notices of Motions. Public Bills and Orders. 19 Tuesday. Third Readings. Government Notices of Motions. Government Orders. Public Bills and Orders. Questions put by Members. Other Notices of Motions. Private Bills. Wednesday. (Until the hour of six o'clock p.m.) Third Readings. Questions put by Members. Notices of Motions. Public Bills and Orders. (From half -past seven o'clock p.m ) Private Bills (for the first hour.) Public BilI.-5 and Orders. Private Bills. Government Notices of Motions. Government Orders. Thursday. Third Readings. Government Notices of Motions. Government Orders. Public Bills and Orders. Questions put by Members. Other Notices of Motions. Private Bills. Friday. (Until the hour of six o'clock p.m.) Third Readings. Questions put b^' Members. Notices oi" Motions. Public Bills and Order.*. (From half-past seven o clock p.m.) Private Bills (for the first hour.) .Public Bills and Orders. 'Private Bills Government Notices of Motions. Government Orders. ioo. u Q ir < o in u MM a z 20 DEBATE. Inter- ruption of debate. No debate after Members are "called in " for a DiviHiou. Explana- tion lUT- mitted. When misunder- stood. To ad- dress with- out motion out of order. British Parliamentary authorities set forth that a • Ichato upon a (jucstion may Ix; interrupted: (1) V)y a matter ol privilege siuldenly arising; (2)l)y words of heat between nieml)ers ; (fi) by a motion for reading an Act of Parliament, an entry in the Journal, or other public documents relative to the question. No mend)er may speak to any question after the same has been })iU by the Speaker, and the voices have been given thereon in the aflirmative and negative, but may be heard after the voices have been pronounced in the athrmative only. Rule! (^7 provides that when meuibcrs have been called in, pre|)aratoiy to a division, no furtlier debate is to be permitted. {Ride lJf7, B H. of G. May, 341, ,i42.) By indulgence of the House, a member may ex- plain matters of a personal nature, although there be no (|uestion before the House, but sucii matters may not be debated. By Rule l."i, he may speak in explanation of a mateiial part of his speech, in which he may have been misconceived, Init then not to introduce new matter. When he has been misunderstood or misrepresented by any speaker following hiiu, he has a light to exphiin, and state : " I did not say .so," or " I meant to say so and so," or " What I stated was this," but he cannot at that time reply. No other mcmbor has a right to in- terpose. The most convenient ime for ('.\|)lanation is at the conclusion of the speech which has called for it, but a member desiring to explain may rise when the objectionable statement is mide, and then make his exj)lanation, if the member in po.ssession | of the llooi-, by teuiporarily resuming his .seat, per- mits him to do so. If the speaking miniber declines ? to give vvay, the explanation cannot be made until he concludes. (M.'/, ')'')S,) It lias^been declared tliat no nicinber has a r'lrtht Charges to occupy the time of the House in explanation of a ^'|*ere *^'*'^' chariL,f<' Miad«' a^^ainst him elsewhere, an«l which does not refci" to any wonl or act of some member while in the House. A member who has proposed a substintive motion when a has the right to reply. It is not allowed to a >*'i>ly »« member who has moved an Older of the Day, or to " *^**^ ' the Mover of an Am.en(huent, or of the Previous [Question, whicli is in the nature of an amendment, or [of an Instruction to a Committee. (RiUe Jo. May, A member called to order for attem})ting to speak ^*"'". [a second time to the satne question miy be allowed hpcak a I to speak on special motion. second No member is to allude to any debate of the same ^n^jin^ [Session upon a (juestion or bill l)eing tlien under dis- to Pre- jussion, nor read from any printed newspaper or ^"'"^ ^®* )0ok the report of any speech made in Parliument hiring the cuirent Session, unless by the indulgence )f the House for personal explanation, oi" unless he rises to a Question of Privilege. {Meak- ing. Moving Adjourn- ment (if Debate. May speak to i)oint of orner or privilege. Relevancy of Debate not insist- ed on when motion is made for Cftm- mittee of Supply. Excep- tions. culled " l)y naino" hy Mr. Spouker, an^l directo*! to withdniw. The ilouHu will listen to a roasonahle apolotj^y from hiiu, or may direct the Speaker to rej)rimand him, the snltstanco of which reprimand will 1k^ .) Any mend)er aj,'ainst whom any clnr^e has heen made, havinjj; been lieard in his place, shall with- draw while any .such ehiir^e is under d(d)ate. (/A H. of a Huh' irs. Mail,. lit:.) A. n\eud)er who ha.s moved or secoi»de>Jf7,) A niend)er who has not spoken during' a debate may move or second the adjournment of the debate, but havini^' thus already spoken cannot afti'rwards move or second the adjouiinnent of the House durin<]f the sanu; debate. {M((j/, 'WI, o'(J.J, SOJf..) A member who has already spoken may rise and speak ai^ain upon a point of order or privile^^c, but may not ri.se to move an amendment or the adjourn- ment of the debate or of the House, or any similar question, while the nuiin (|uestion is still before the House, but may speak to these new cpiestions when proposed by other members. {May, SGI, JO.J.) It is permissible, without moving any amend- ment, to call the attention of the House to partit ilar subjects, on the question of the Speaker leavintif the Chair for the purpose of ^oing into Supply, or Connnittee of Ways and Means, the rules of relevancy in debate, as well as in amendments, being wholly ignored on these occasions, with the following excep- tions : that (1) a member may not discuss any pre- vious or intended votes of the Committee of Supply, or items in the Estimates ; (2) nor any resolution to be proposed in , the Committee of Ways and Means ; (3) nor any other Order of the Day ; (4) nor any motion of which notice has been given. (May, 003.) 24 rectcMl to oaker to MH'imand Ul.ofC. has }>een all with- )UtO. (jj. a motion ell on the I'l'oto, nor I tiiomber L'h motion ech when f a (lel»ate ho debate, Tterwards lie House 004.) { rise and ;ilem', but adjourn- ny similar xd'ore the ions when JO.J.) a mend- par tit liar .•aviiiLj the iipply, or relevancy nt;- wholly ingexcep- any pre- of Supply, solution to Vays and Day; (4) een given. It has been held tliat, in movin<,'a second rea«ling of a Bill, to go through it clause by clause is to antici- pate the woik of the Committee to which it will be referred, and that the (h'bato shall be confineil to «i discussion of the principle of tlw^ Dill. For general convenience, a departuie from this course is sometimes ])ermissiblo. {May, J/JJ, fiJ^5. Han- mnl, M7, ino.{.) Rul(! 14 provides that any momber may require the ((iiestion under discussion to btf read at any time of f ho debate, but not so as to interrupt a member while speaking. MOTIONS. A motion must be in writing or jirinted, and seconded, before it can be proposed fiom the ('hair anddel»ated, but motions to adjourn the House or a Debate are not necessarily written ; and an Order of th(! Day may !)e moved without a seconder In Committee of the Whoh; House, a seconder to a motion is unrecessary. {Rnle-l-}) A motion, of v/hich it was ne':'essary to udve notice, imist be in the precise language in which such notice was given, any amendments thereto being matle l)y the House after it has l)een moved. If a motion otfered is, in the opinion of the Speaker, contrary to the Rules or Privileges of Parliament, it is his duty to apprise the House of the fact, and to (piote the Rule or Authority violated or relating thereto, and such motion shall not be proceeded with, unless, l)y an appeal to the House, the decision of the Speaker is set aside. {Role ST.) A member, although he has given notice, may desire not to proceed with a motion when it is called in regular order, and it is customary in such case to request that the motion may " stand," which request is usually granted. After a motion has been read by the Speaker or Chairman of Committee, it can be debated, amended, adopted, superseded or rejected, but can be with- in d«bat« on Hecond iliHCUHHion of clnilMOH inndviH- able. <.>iitHti<)n ti) he read ifrpqiiired. Motions nniHt be, written and HBConded, with c(^r- tJiin «'X- ct'ittionH. Motion niuMt con- form to notice. The Speaker will chHck motions contrary to rnle. Motions may "Htand.'' Motion cannot be withdrawn without permission of House. a. ■ Oq. S •" 24 No motion for api)ri)- priation of I'lihlic He venue in order, unit 'SB rcconi- nien(lrepsed during LMirrent Session. How a (iuestie evaded. Motions of adjourn- ment. Motion that "Orders of the Day •' be now read. dniwii only on leave of the Hon.se oianted without n negative voice. /J, If. of C. Rule 110. May, iiU'J.) A.s no Petition can he received whicli prays for any expenditure, oraut or charge on tlie Puhlic Revenue, so no motion can he made for any ap])ro- priation of any part of the Puhlic Revenue, or creating a tax or impo-t, that hps not heen first reconmiendcil h\' Message of the Lieutenant- Governor. {Rale 01. B. N. A. Ad, Sec. r*4.) A motion u})on which the judgment of tlie House has been expressed cannot he renewed during the current ses.sion, hut a resolution nuiv he rescinded duiing the Session in which it has been parsed. A motion, however, which has not been seconded, or which, by leave of the House, ha.s been withdrawn, nuiy be revived. A motion which has been negatived cannot be afterwards moved, during the same Session, as an amendment. {May, oJH.) A (piestion may be evaded or superseded l)y moving the adjournmetit of the House ; by motion "that the Order.s of the Day be'now read;" by moving the Previous Question ; or by Amendment. {May,\l(ii).) The question that the House do now Adjourn nuiy be moved by any member who obtains the tloor, at any period when the House is in session, and wdio has not spoken during a debate then pro- ceeding, but he cannot speak to such motion for more than ten minutes. Such adjourinuent uf the House, during the consideration of any motion, supersedes tiiat )uotion. An Order of the Day so supei'seded disappears from the Orders, although it may he revived on formal notice ; but, if a Notice of Motion is being discussed, it, altliough temporarily obstructed, stands for the following day. (Bide JO, 27.) When " Notices of Motion " have precedence, the debate may be interiupted by a motion " that the Oiders of the Day be now read." No amend- ment to this motion is permitted, and, it carried, the Orders jnust be at once proceeded with, so superseding the motion then under discussioji. (May, 302.) "% 2.-> without ay,2UfK) )rays for e Public ly api)ro- enuo, or eon first •utenant- he House uriuji; the rescinded 1 pa-sed. ouded, or itbdrawn, lias been uring the JS.) seded by Dy motion ■ead;" by lendment. Adjourn tains the u session, then pvo- i()ti')n for lit of the motion, le Day so though it Notice of inporarily (EideJU, recedence, ion " that (» amend - it carriecb with, so ion. {May, AMENDMENTS. B}' Rule 134 of the Ihitish House of Commons, it is declared that a (piestion having l>een proposed may be amended (1) by leaving out certain words only; (2) by leavin<5 out certain words in order to insert or add other words ; or (.S) by inserting or adding words. As it has been wll put by an AuKirican writer, there are three ways of amending : by addition, elimination an speak to Amend- ment. Cannot speak on Motion and after wards move an Amend- ment. Cannot spe'ak to Motion after pro- posing an Amend- ment. Mover of Amend- ment has no right to re IOq. (1) Q a. S K U a ply- 28 Three ' lonths' hoist. American practice. An auiendinent to the proposed second or third reading of a Bill, to the eft't'ct that it shall be read at some future date, say three or six months, is always in order. The leading United States anthority, Jefferson'-9 Manitol, although not f[Uotable as an authority for procedure in a Canadian Legislature, says that when a question contains several points, a division of such may bo called tor, as in British practice ; but a question to strike out or insert shall not be divided. Rejection of a Motion to strike out and insert shall not prevent a Motion simply to strike out. Nor shall the rejection of a Motion to strike out prevent a Motion to strike out and insert. In a Motion to strike out and insert, the part to be stricken out and the part to be inserted may each be regarded as a question. ACCOUNTS AND PAPERS. Accounts and Papers. Order of the House. Address to the Crown. Returns or Papers relating to a public matter, over which the House or Crown has jurisdictitm, may be moved for by any member, either by Order or Address. Ordinary Accounts and Papers re- quired .by members are brought down u|)on an Order of the House, after the adoption of a motion therefor, of which two days' notice has been given. Of this character are returns relating to public departments, or bodies incorporated by the Province of Ontario, and of all municipal, educational, and other institutions existing through and regulated b3'' Ontario Statutes. They may be obtained from all public orticers, but the information sought shall be of a public and otTicial, and not private or confidentiol description. An Address to the Crown is necessary to procure Returns relating to matters connected with the exercise of the Royal Prerogative, Orders in Council, Correspondence between the Dominion and Provincial Governments, affairs of any other Piovince, subjects over which the Domin- ion or Imperial authoiities have control, and other things not within the immediate jurisdiction of the Legislature of Ontario. Li) DIVISIONS. When a debate upon any Question is supposed to Putting be closed, the Speaker asks : " Shall the Question Jhe be now put ?" It' no member desires to address the House, and there is no request that the members shall be called in, the Speaker proceeds to put the Question by rising and reading the motion and any proposed amendments thereto in his hands, and states that " the question will be upon the amendment to the amendment," if such there be. If the amendment to the amendment prevails, he puts the amendment as amended, and this being carried, he submits the original motion as amended. He says : " So many as are in favor of the motion (or amendment, as the case may be) will say, 'Aye.' " The " Ayes " announce themselves by responding " Aye." He ^y^"* *"^ will then say : " So many as are of a contrary opinion will say, ' No.' " The " Noes " having declared themselves, he will express his belief that "the 'Ayes' (oV 'Noes') have it." If his o])inion is oot challenged, he will declare the motion carried or lost. But any five members may demand the ^*^^^ ^°^ "Yeas" and "Nays," when, if the members have"' not already been called in, the division bells are rung, and, after a necessary interval, the Sergeant- at-Arms enters at the bar, makes a bow to the Speaker, and so informs him that the members are " in." The Speaker, having called order, again rises and reads the motion and proposed amendments, if the members liad not been called in when the motion was first put, and says: "The ' Yeas' will be pleased to rise,"- every question being first put in the affirmative. The Clerk Assistant, at the table calls the i^ames of the "Yeas" in succession, and the Clerk marks on the Division List the name of each member voting, such list having upon it, in alphabetical order, the name of every member, under the title " Yeas," and a similar arrangement of names under the title " Nays." The members resume their scats as their names are called. The " Nays " are recorded in similar manner, and the c tc '|o ' D Z EX ' m Ui -I o c 4 Q Excused if "paired." K«8Ult. Pecuniary interest. Must be in House when the ques- tion put. No record of divisi- ons on adjourn- ment. Members seated un- til result of Division is announced 30 Clerk, after countilig the names on both sides of the list, announces the result of the division. If any errors have been committed in the record of the vote they are now corrected. A member is ex- cused from voting if " paired " with an absent member, or for a reason which meets with the approval of the House, but must vote " Yea " or " Nay " if the House insists. The Speaker announces that the motion has been l().st or carried as the result of the division indicates. When a member has a direct pecuniary interest in the matter before the House, his vote is dis- allowed, provided that such interest is of private and not public character. (Rule 16. Decision of Speaker.) If a member enters the Chamber after the question is put, or if not within the Chamber at the time it is put, and which question he cannot, therefore, have heard, his vote, if recorded, is struck off after the list of Yeas and Nays has been read by the Clerk. In 9.\ Standing Sessional Committees are appointed, on the recommendation of a Select Committee, in tlie (larly part of each Session of the Legislature, and to t lem are referred matters coming spe.Mally within their purview. The Sessional Committees of the Ontario Legis- lative Assembly are known as the Committee on Railwavs, Committee on Priv^ate Bills, Committee on Standing Orders, Committee on Privileges and Elections, Municipal Committee, Committee on Printing, and Committee on Public Accounts, A Special Standing Committee is appointed each Session for the purpose of assisting Mr. Speaker in the management of the Library, and another for the consideration of Bills appertaining to Legal Matters. The Hou.se resolves itself into Committee of the Whole, upon motion to that effect, for the purpose of considering the items of Supply, laid before the House in the form of Estimates, and accompanied by a Messasfe from His Honour the Lieutenant- Governor. Tlie House resolves itself into a Com- mittee of the Whole for the consideration of Ways and Means. All resolutions authorizing the expendi- ture of public revenues or moneys, or the imposition, reduction or abolition of a tax must originate and be discussed in Connnittee of the Whole The various clauses of all Bills, Public or Private, after the .second reading, and even after having been referred to a Special Committee, are subjected to the criticism of the Committee of the Whole. And any question, if C Select Com- mittees. Reference to jiro- cecdinfj.s. Standing Hessional Com- iiiitteea. Title-^ of Ses8i(jnal Com- mittees. When Com- mittee of Wliole i.s necesaary. f o 'f in u 1 /■Pk a z i 31 Hllll'X of l)t SO.) It is an estahlished rule that a motion in Com- mittee need not 1)0 seconded. {Mdi/, '/■>"'■) A motion of " tbe previous tpiestion " is not aibuitted in Committee of the Whole. {May, 'iOJf, A (\)nnnit(ee of the WhoK- bas no power either to adjourn its own sittings, or to adjourn a debate to a future sittin<.j, but it may rise, report procuress, and ask leave to sit aj^ain ; but if a motion is carried " That tlu; chairman do now leave tbe cbaii'," oi' " That the (\)mmittiH' do now rise," without report- ini::, tbe question before tbe t/ommiltee is superseded. A motion, " That the Chairman do now leave the Chair," when carried, super.sedes tbe business of tbe Committee, as tbe adjournment of tbe House, duiinfj tbe consideration of any nuitter, supersedes tbe ([uestion ; and when tbe Speaker resumes the cbair no report is made from tbe Conuuittee. J3ut no sucb motitni can be interposed while any mendjcr is speaking. {May, Ji^O) Votes taken in Conuuittee are by " count," tbe " Ayes " and " Noes " standing up for tbe purpose, but no recoid of tbe names of those voting is made. Each Special or Standing Committee presents its report tbrougb its Chairman, who moves its reception and tbe concurrence of tbe House therein if sucb Re- port makes any recommendations. If the reception Mo :;()unt," the of a Rtiport is (»{)])(is(mI, it luiiHt .stafi«l ovit two clay.s before it a^ain cotncs up for c()nHi(l(!rati()n. A Ito- port may 1k^ sriit Imck to its (/oiniiiittrci for nfcon- Hidt^ration iti wliolo or ii» part. (»SVv' SpcAikcvH iJeci- Ilulo x(!iis('il from altcndini^ a Sclcet ('ommittce in cons('(|Ut'nee of illness, and another mendier was aS74«, a Seleet ('ommittcM! to which had heon t'eferriid certain chai;i,^(!s against one m(!m- her' hy aiiotiier was, hy ohNm' of the House, pcirmit- ted, witli the unanimous consent of tluj (yonunitt(!('!, to sit and continue its sittiu'^s (hirin;j the sittinj^s of the House ; and on 17th l)e(!end)er, 1.S74, the House oi'di reel that atiy CJommittee of tliis House, may, foi- the rest of this Session, sit durin<^^ the sittinj^sot" the House. On rve, are dosi^nated Private P.ilKs. So that publicity may be ^iven to intcaided ieii;is- lation, a member (lesirimj^ to brinij^ in a, Public Dill will hand to the Clerk of tlu» House, before o p.m. upon anv dav of the Session, a written notice of his intention to ask leave for its introduction, whieh notice will appear in the V^otes and Proceeclings of that day. After two days' notice, and when Mr. Speaker calls for " Nb)tions," the member will, by written motion, ask that such leave bo ^-iven, and that the Bill be now read a First tinn*. No Bill, it must be observed, can bo introduced in blank. (Raleo'l.) The First Readino' of a Bill is usually acceded ti) as a matter of courtesy without debate, although it is within the powers of the House to refuse leave. It is not unusual for the mov^er, upon the first reading of a Bill of more tha*^ ordi- nary public importance, to explain its j)rincipal pro- visions, but this course is confined almost altogethcM- to (tovernment measures. If the First Reading: is in pursuance of an Order of the House, it is made without amendment or debate. .M7 Tlio iiu'iiilaT ijitrodiicin}^' a l^ill iriflorsi^s it with lii.H iiniiH', aiul when icatl tliu ('l»!rk C(M'tifi«'H tijioii it tlw (late of its liist l(•aill, tho C-lerk simply prononncos tlio title and declan's it to lu' tlic; Kiist, Sccof 1 or Third Reading', as the case may he. The Second IveadinLj, vvld<'h ])racticn,lly deteriidiies wlit'ljicr the House n|)j)rovt's of tlx; principle of the Itill, is not made until tli(^ UKtasure has heen pritiled and distiihuted and marUed I'rinfcd, on tho Unhsis of tho Day. {Unle J,,t.) A Puldic I'ill introiluced hy a private momher, — om? not of the ('jihitKit — is Hr,.ti(.i'ally idei-red, Jifter itssecontl rcadinjj;, to a Sjiecial or Staudi»ijL( C-om- mittee, wlnle (Government measures an; nearly always place»l upon tho Orders to he discussed in a Committe*' of the Whole Ifouso. A l»ill, after it lias heen reported liv the Special or Standinn' ('ommittee to which it lias heen r( leired, is a;jjain placed on the Orders for reference to a ComiiiittiH! of the Whole, wliere it is considered clause hy clause, tlui I'reand)le heini^ last taUen up. It is the'U i-cporttid to the House, and, if with iimend- nients, lie pr in fed liefoie it is further ])roc'th(! (roursc; pursued with respect to every Hill in which im])()rtant amendments are made at any s^age. (Ridr J/.'f.) A Bill reportf-d hy Oonnuittce of the Whole is forwai ded to the Law Olerk, who carefully exaudnes it, anvrH«>d, |{«'a«1inK Title. Hncond Ki'iwliiig. Reference to (Jdiu' IltittMO. After Re- port. Third Reading. inoa. I: I o ui UJ o 2 PaHsing and Title. 38 ns in tho motion." An opportunity for junondnienfc of the title is tlius <;iven, and often availed of, but no further jiinenduionts are attempted at this final Bill for- wftriU'd to stage. Royal Assent. Procetiure in Com- niittue. If no amend ment. The Clerk endorses upon the \V\\\ the fact and Law clerk time of its Third Reading, and forwards the docu- ment to the Law C^lerk, wlio is responsible for tho corn>ctness of Hills if tliey are amended. (Rules After a Bill has been passed, it is carefully re- printi>d, and a co|)y thereot' is sent to His Honour the Lieut«Miant-(Jovernor, who signs it upon its face and forwards it lo the Clerk of the Ciown in Chancery, to be held by him until the Royal Assent is reached. At the Prorogation, or more early date if it is deemed necessary, His Honour proceeds to tho House anil the Royal Assent is given. In considering a Bill >n Committee of the Whole, the Chairman reads the number of each clause in succession, together with the short nuirginal notes which explain its object. {Mat/, SOI.) If no amendment is ottered to any part of a clau.se, the Chairman at once puts the question," That this clause stand part of the Bill." If there is no opposition, he declares the clause carried, places his initials on its margin and proceeds to the next. {Mai/,')()l.) If an amenihnent is offered, he states the line in which it is proposed that the alteration shall be made, and puts the (juestion in the ordinary form. {Mat/,o()L) May says that members who are desirous of offer- ing amendments in Connnittee should watch care- should be f^i'ly ^'^^e progress of the Bill, and propose them at offered. the proper time ; for if the Connnittee has passed on to another clause, or even amended a later line or words in the same clause, amendments cannot, without general consent, be then made in an earlier part of the Bill. (May, 501.) Putting an When a clause has been amended, the question amended put from the Chair is, " That this clause, as amended, stand part of the Bill ; " and no other amendment can be proposed to a clause after this question has been put from the Chair. (May, 562.) If amend ment offered. When amend tnents clause. 139 New clauses are moved ijriinofliately after the N«\v orifrinal clauses of a F^ill are dispoHerl of. {May, f>f>5.) <5'»'"«''' No previous notice need be given of a proposfwl Notice amondinentof a Public P>ill. unneceg- A Hill may be recommitted as often as the House yin may thinks fit without limitation with respect to par- b« recom- ticidar' clauses, or for the insertion of some particu- '"'"*^- lar or additional provisions. (Mai/, '>7f}.) Wh«!n a iJill has been parsed through (/ommittee, Signature and is ready for report, the Chairman attaches there- "^ Chair- to his signature iu full. (Hide, 7 J.) If a l>ill is rejected, another of the .same substance A rejected cannot be brought in during the; same Session. ber(?vh'ed. May declares that no amondinent can be moved No ad- on the second reading of a l^ill by way of 'i'l<'dti()n jjj^^^'j.'j^^^^'f^^^. to the (juestion. See deciHton of Mr. t^peak&r. ^oUi. Hecond Mail. ISO. I. "^''ading. The clau.ses of a Public Bill, involving a charge „, upon tlie [)C()ple, must be initiat(;d in a (Jounuittee initiated of the Whole, by the adontion of resolutions, pre- '".Com- I ^ ^ \ \M • 1^1 o • • tnittee of viously recommended by Message, m the Session in whole, which such lUll is proposed. (B. N. A. Act, necft/f..) In Committee, amend 'uents may be made in (]',.) miHsible. An amentlment or new clause cannot be brought Amend- up in Committee, if substantially the .same as one "I''"* . already negatived by the Committee. {May, 50-'>.) j'ected^ An amendment )nu.;t be consistent and coherent N[u8t be with the context of a Bill. {May, oOr,.) consistent. GiiEY, one of the recognized Parliamentary . , authorities in England, in speaking of proposed ments at amendments at the third reading of a Bill, says : '^^''■^. " It is with great and almost invincible reluctance *^* ' ^' that amendments are admitted at this reading, which occasion erasures or interlineations." The Canadian and British practice admit such amend- ments, and a decision of Mr. Speaker, loth Decem- ber, 1877. says in effect that an amendment which declares some principle adverse to the measure, or is otherwise opposed to its progress, may be moved to the Third Reading of a Bill ; while another decision re- 1 ft UJ iOol V) x 5 m o a. o Q r. •X m u -J 4 It Bill rein- stated on Orders of Day. Passing with unus- ual speed. * *• -^ Royal Assent Refused. t 1 40 declares that no aniendrnent to the motion for a second or third reading can V)o moved " l)y way of mere addition to the question." On 10th February, 1871, it was ordered that Bill (No. 51) to amend the Asse.ssment Act, which had been discharged from the Orders of the Day on Monday last, be reinstated upon the Orders of the Day of Fri(h)y next, and do stand thereon for a second reading. By unanimous consent, Bills have been occasion- ally passed with unusual speed, and instances of this, in addition to the annual Supply Bill, may be found at following dates: No. Ill, 22nd March, 1884; No. 138.24th March, 1884; No. 29, 24th March, 1884 ; No. 170, 27th March, 1885 ; No. 170, 21.st April, 1887; 21st March, 1S89; ord April, 18;i0; No. 178, !)th April, 1892 ; No. 170, 1 1th April, 1892 ; No. 179, lltir April, 181)2; No. 180, 12th April, 1892 ; No. 191, 195, 25th May, 190, 2Gth May, 1898. On 80th March, 1885, His Honour the Lieutenant- Governor, being present to give Royal Assent to various Bills, the Title to a Bill entitled "An Act to correct certain clerical errors in the Consolidated Jurors' Act of 1888," was read, and the C/hik said ; ''His Honour the Lieutenant-Governor doth with- hold Her Majesty's assent to this Bill, the purpose thereof having been provided for by the Act for further improving the administi'ation of the law, which Act His Honour has assented to in Her Majesty's niune. On 28rd March, 1888, the title of "An Act to in- corporate the Port Arthur Water, Lii;ht and Power Company " was read, when the Clerk announced that the Lieutenant-Governor, by advice of His Executive Council, withholds the Royal Assent, on the jjrounds that " throuj^h inadvertence the Bill gives to the Company thereby proposed to be incor- porated, impoitant powers not mentioned in the public notices of the intention to apply for the Act, which powers may seriously atteci, and it is asserted do seriously atiect the rights of persons who, before the passing of the Bill, had no notice that such powers were to be applied for, and it is contrary to 41 the intention of the Legislative Assembly in pass ing the Bill that the same should give such powers without the ])ersons interested in opposing the same having an opportunity of doing so Jigiooably to the practice of the Legislative Assembly in that behalf." On i29th March, LS73, the titles of two Bills inti- Bills tuled " An Act to Incorporate the Loyal Orange As- reserved, sociation of Western Ontario and Eastern Onf-ario " were read, when the Clerk of the House, by com- mand of the Lieutenant-Governor, said : " His Honour the Lieutenant-Governor doth reserve these Bills for the signitication of the pleasure of His Ex- cellency the Governor General." «) o a. o <« w K BILLS DISALLOWED. The following Acts of the Legislature of Ontario have been disallowed by the Government of the Dominion of Canada since 1st July, 1867 : An Act to define the Privileges, Immunities and Powers of tlie Legislative Assembly, and to give summary ])rotection to persons em})loyed in the pub- lication of Sessii nal Papers. Passed 1 9th December, 1868. LisallovxHl 29th November, 1869. An Act for gi-anting to Her Majesty certain sums of money ie(|uired for defraying tiie expenses of civil govenunent for the year 1869, for making good certain sums expended for the Public Service in 1868, and for other ])urp()ses. Passed 2.Srd Jan- uary, 1S(J9. Disallowed 'iOth January, 1870. An Act to amend the law respecting escheats and forfeitures. Passed 24th Maich, 1874. Disallowed 1st April, 1875. An Act respecting the administration of justice in the norther!}' and westerly parts of Ontario. Passed 11th March, 1879. Disallowed 12th Febru- ary, 1880. An Act for protecting the public interest in rivers, streams and creeks. Passed 4th March, "".881. Disallowed 19th March, 1881. An Act for protecting the public interest in rivers, streams and creeks. Passed 10th Mai'ch, 1882. Disallowed 20th September, 1882. o a I'owers of o Legislative ^i' § Assembly. If) u -J D K » ^ Supply. Escheats and For- feitures. Adminis- tration of Justice. Rivers, Htreams and creeks. Rivers, streams and creeks. K Id Q Z * I II Rivers, streams and creeks. License Duties. 42 An Act for protecting the public interest in rivers, streams {ind creeks. Passed 1st February, 1883. Disallowed ICth Marcli, 1883. An Act respecting License Duties. Passed 26th March, 1884. Disallowed 30th April, 1884. PRIVATE BILLS. What is a Private Bill. Powers of a Provin- cial Legis- lature as to Private Bills. i i^ li Private and Rail- way Bills. May says that " every Bill for the particular interest of any person or persons is treated in Par- liament as a Private Bill, whether it be for the interest of an individual, or public company, or cor- poration, or parish, or city, or county, or other locality." He adds that a Private Act is an excep- tion from the general law; and powers are sought by its promoters which cannot be otherwise exer- cised, and which no other authority is able to con- fer. Clifford in his " History of Private Bill Legis- lation," says that " by ' Private Bills ' are commonly understood all Bills affecting the interests of indi- viduals or paiticular localities, and which are not of a general public character." "The British North America Act, 1867," declares by Section 92, that in each Province of the Confed- eration, the Legislature may exclusively make hiws in relation, amongst others, to the following matters : Sub-sec. 11. The Incorporation of Companies with Provincial objects. Suh-^ ec. 16. Generally all matters of a merely local or pi'ivate nature in the Province ; And Local Works and undertakings other than such as seek to connect the Province with others of the Provinces, or extending beyond the limits of the Province, and such works as are declared by the Parliament of Canada to be for the general advan- tage of Canada, or for advantage of two or more of the Provinces. The Legislature of Ontario divides the Private Bills submitted to it into two classes, ordinary Private Bills and Railway Bills, referring each class to its own Standing Committee. th Re Pr oac tio cei act i« in^ to rec con om ii^H {M 1 No 43 Every Private Bill is based on a oetition, v^hich should state, in general terms, the objects or privi- leges sought to be obtained by the parties soliciting the Bill, and be signed by them, and not by the Solicitor acting in their behalf. At least three signa- tures should be on th^ same sheet on which the petition is written or printed, except in the case ot a single Petitioner, or a Corporation. If the peti- tion is from a corporation, the seal of such body should be attached to it, and the signatures of the President or Secretary, or head and Clerk of a Council. {Rule 90.) Every petition for a Private Bill must be in duplicate, one copy to be presented to the House by the Member in charge of the Bill, and the other to be addressed to His Honour the Lieutenant- Governor, and forwaided to him through the Provincial Secretary. Petitions against a Private Bill, as well as those referred without motion to the {Rule 01.) Private Bill is received by the House after the first ten days of each Session, unless the time for the reception of such petition has been extended, on tlie recommendation of two Staiiding Committees. {Rule 51.) No Private Bill is presented to the House after the first seventeen days of each Session, nor is the Report of a Standing or Select Committee upon a Private Bill received after the first thirty days of each Session, unless the time for such presenta- tion and Report has been extended. {Rule ol.) After a petition for a Private Bill has been re- ceived and read such Petition is, without further action of the House, sent to the Committee on Stand- ing Orders, to report whether the Rules with regard to Notice, have been observed, and, if not, to reconunend to the House the course to be taken in consequence of such insufficiency of Notice, and omission to deposit Plans, Books of Reference, etc. {Rule 56 ) All applicants for Private Bills shall insert a Notice, for six weeks before the consideration of Petitions for Private Bills. Petitions in diipli cate. in its fav3r, stand Committee thereon. No petition for a Petitions atfainnt Bill. Within first ten days of Session. Private Bills pre- sent'^d wUhin seventeen days. Reported within first thirty days. Sent to Com- mittee on Standing Orders. i I (flOa. o (0 Six wesks' Notio«. 44 f ! ii ii i f Railway Billa. Notice re- specting Railway Bill. Copy i,f Bill and §100 to be sent to Clerk. Certain infor- mation a.s to tolls. Maps and PlanSjCtc, to be de- posited with Clerk. the petition, in the Ontario Gazette, an^l for the .siune period iti at least one newspaper pnhlished in the locality to be att'ected, and it' no such newspaper is tlierein pnhlished, then in that published iiearest thereto, and send copies of such Notice to the Clerk of the House, to be liled in the Room of the Stand- ing Orders Committee. {Rule J->.) Private Bills referrinjjj to Railways running wholly witliin the Province of Ontario, and not forming part of a road over which the Dominion Parliament exercises control, are referred for con- sideration to the Railway Committee. {Rule 5o.) In case of a Railway Bill, atfeeting several muni- cipalities, the Notices of intention to apply must be published in one newspaper in each municipality, if theie is such a newspaper, and, if not, in the nearest municipality theieto. {Rule oS.) Within two weeks of the first appearance of such Notice in the Ontario Gazette, a copy of the ))ro- posed Bill, and the sum of one hundred dollars, for purpose of defraying the cost of prijiting and the expenses attendant upon the consideration of the Bill, shall be forwarded to the Clei'k of the House, and it will be the duty of that officer to get the Bill printed forthwith after the receipt of said sum. {Rule ^S.) Any per.son or persons asking for power to erect a Toll Bridge shall, upon giving the Notice, under Rule 53, also give Notice of the rates of tolls which they intend to ask, and supply certain other infor- mation required under Rule o4. Before a Petition for a Bill giving powers to t, or to declare the meaning of andjigiious expres.sions in a gi-ant or con- veyance, oi- to render eilective provisions or condi- tions contained therein which, otherwise, could noi. be carried out by the ordinary legal tribunals, or without unreasonable expense, such a Biil would be considered an Estate Bill. The preamble of an Estate Bill must fully recite the facts upon wliich legislation is prayed, and the pi'o visions of the Bill must in general be assented to by all parties con- cerned, and protect the just rights of all parties attected thereby. Raportof Every Estate Bill, when reatl a first time, is re- Commis- terred to the Commissioners of E.state Bdl.>s tor their Estate report, and an}' two of them may give their written '^'^^'*- opinion whether, presuming the allegations of the preamble to be proved to the sati.sfaction of the House, it is reasonable that the Bill do pass into law. Their report is read by the Clerk at the table, and, if it is favorable, the Bill goes at once to the Committee on Private Bills for further consideration. If the rcpoit of the Estate Commissicmers is adverse, such Bill is not further considered. {Rule 02.) ^'■' o a o □ m UJ .J D C o Five days' notice neccMBary before con- sideration, by Com- mittee. Promoters and opponents heard by Com- mittee, Chairman ha') casting vote. Second Reading after re- port by Com- mittee, Re-printed when amended. Two days' notice of amend- ments. Fees, in some cases, re- mitted. Railway liills. 4G No Private Bill is considered by a Committee thereon until after it has been printed and distri- buted and five days' clear notice of the sitting of such Committee has been exposed in the lobby (Rule (J/f..) As a Committee on a Private Bill Jicts in a judicial as well as legislative capacity, full opportunity is given for promoters and opponents of the proposed measure to be heard, before a decision is reached, and counsel may appear, with the consent of the Committee, for the purpose of supporting or oppos- ing it. {Rule 60.) In case of an equal vote in Committee, the Chair- man has a second or casting vi)te {Ruled'/.) Private Bills, repoitod to the House by the Stand- ing Committee to which they were referred, are placed upim the Orders of the Day following the report, for a Second Reading in the proper order, but all Private Bills reported with amendments are Re-printed before they are further proceeded with, and amendments of important character at any stage, necessitate a Re))rint. {Rule 70.) If further amendments are proposed to be made when the Bill is in Committee of the Whole, or at its Third Reading, two days' notice of them must have been given before they can be considered, as it is desirable, to avoid precipitate and unfair leg- islation, and that no new provisions n)ay be inserted, affecting the inteiests of parties not represented before the Committee, without due notification to all concerned, by publication in the " Voces and Proceedings." {Rule 72.) When a Bill is abandoned by its promoters, or the Preamble be not proven, or the ordei' for its second or third reading be discharged, the fees upon it, less the cost of printing, may l.e refunded, if the Committee so recommends with reasons satis- factory to the House. It is customary to remit fees, less the cost of printing, upon Bills relating to edu- 2ational or ecclestiastical matters. Private Bills referring to railways running wholly within the Province of Ontario, and not forming part of a road over which the Dominion Parlia- 47 inent exercis(!s control, are referred for considera- tion to tlie Railway Committee. Private Hills are the first Order of the Day on Monday, and the last on Tuesday and Thursday. On Wednesday and Friday they are considered lor an hour, from half-past seven o'clock p.m., and after " Public Bills and Orders " on the same day. When a Private Hill is before its Standiii-,' Com- mittee, the Preamble is first considered, and if it is rejected, the Bill is not proceeded with. {Man, 858, 800, 801.) A Private Bill receives the Royal Assent in the same foini as a Public Bill. In its passage through the House, a Private Bill is subject tf) the same forms of procedure hs a Public Bill, with the exception already noted as to refer- ence and amendment. Private Bills on Orders of ... c the Day. jun u 7I-2 toioa ip (fl Preamble c first con- S Hidered. Royal assent. In Housp, procedure as with a Public Bill. ADJOURNMENTS. Rule oO provides that a motion to adjourn the House, or the Debate, shall always be in order ; but no member shall spealc to such motion for more than ten minutes ; and no second motion to the same eti'ect shall be made until after some inter- mediate proceeding shall have been had. {Mai/, 301.) A member who has moved the adjournment of the Debate cannot, before that question is decided, move the adjournment of the House ; nor can he then move the adjournment of the House if motion for adjournment of Debate is negatived. The only amendment to motion that the House do adjourn to some specific hour or day is, that the House do adjourn to some other hour or day. {Mx,^, S-~)U,S51.) On the motion that the House, at its rising, do adjourn until some specific day, it is irregular to discuss anything which is the subject of one of the Orders of the Day. {Mny, 352.) On the motion that the House do now adjourn, no reference can be made to a former debate of the same Session. Rule re- 8[)ecting adjourn- ment. A member cannot move ad- journment of debate and House. Amend- ment to motion to adjourn. On motion to adjourn cannot discuss an Order of the Day. No refer- ence to former debate. o a o o z 'III 48 r When irroK'iliir to move acljiiurii- nient. Caiiiiut proiMJHt' an amend- nient IV- latin^ to Boiiip (itlur matter. Hftvirif? Bpoknn cannot movfl adjiiiirn- nient. If motion to adjourn Btantivc, riKht of reply existH. Adjourn- ment may supersede u .stasre of a Bill. Cannot be moved while another is speakinjf. No record of names on motion to adjourn. "Count- ing Out." On a motion of a t .) A moml»er who Iims (tncc spoken in a I)ehat(» can- not m()V(i tli(^ adj (Ui'nmcnr of the House, for tiie purposes of spt.'akini;- aij^ain diirini;' the same y some othei- member, lie may spealv again (Mitif, If tlie motion for a IJonrnment is made while another motion is bciforc the House, and duriui;' the pi'ogress of the Deliatf, thei'e is no right of r(!ply on th(> part of its movei'. Ihit if the motion for adjourn- ment is a substantive motion, tlu; right of reply exists. {M(i!/, -lOl.) If the second reading or other stage of a Bill be superseded by adjonrnnjent, the Bill disappears from the Orders until the House appoints another day for proceeding with it. The adjournment cannot be moved while a mem- ber is speaking. {Mdy, r/'OO.) No nnnics are I'ecorded on the Journals on a motion to adjt)uin th(^ House if a vote is taken. (Ride ^S.) When the attention of the Speaker i.s called to the fact that twenty members, including himself, are not present, he uiay adjourn as that number is necessary to form a (piorum for the transaction of business. If at any time the House is so adjourned, the names of the membeis present are to be inserted in the Journal. If the House is in Committee of the Whole, and twenty members are not present, the Chairman may conn^ and leave the chair, when the Speaker resumes his chair, and counts the House, adjourning if twenty members are not within the bar. {Rule 4-'^. May,4^-)S.) }i 49 isiial for ,\\vy s\ih- mcnilier erely lor ) adflrcss House, a r siihjocb et'oi-c the l>at(^ can- '. for the le debate, pi-oposed II (i^f'ty, de while urinnj; the i: reply on • adjouru- b ot" reply u Bill be )oars from tber day lea mem- n a motion Ride S8.) led to the mself, are lumVter is saetiou of idjourned, ie inserted nmittee of it present, \air, when ;ounts the not within The House Inis be(!n adjourned at various dates Adjoum- as a mark of respeet to 'tli«' memory of a niendier J[|2" ^J'" who had died during' tlu^ then curnjiit Session. On Members. ()th January, 18(51), it adjourned on the death of W. M, Sliaw, Es(|, South Lanark' ; 12th Jaimary, 1.S77, on death of Peter Oraliam, Km\., Frontenac ; 22nd Jaminry, 1S77, on death of John Fleminj;. Fs(i., South Waterloo; in 1885, on death of W. Markin, Escj , who died in th(; Housi^ ; on 20th February, 18Sl,on death of Abram W. Lauder, Fs(j., Fast Grey; on 2n(l Mareh, 188.5, on death of Daniel McCraney, Es.|., Fast K<'nt; and on 28th of March, 1892, on death of Meiu-y Fdwai-d (Uarke, Es(j., Toronto, who died in the Chamber. The House adjourned !)th November, 1809, to attend the funeral of the (Jhan- cellor of Ontario, Hon. P. M. Vankouj^dniet, and in 1882 it attended the funeral of Rev. Dr. llyerscm, for nuiny years Superintendent of Fducaticm of the Province. ILLEGAL PROMOTION OF BILLS. By Sec. 43, Chap. 11, R. S. O. 1887, it is enacted that no member of the Legislature shall receive remuneration in any sha|)e or manner for drafting, advising upon, revising, promoting or opposing any Bill brought before the House, or a Committee ; and no ])arrister or solicitor, who, in the practice of his profession, is tlie partner of a member of the Legis- lative Assembly, shall accept or receive, either directly or indirectly, any fee, compensation or re- ward as aforesaid. Any person violating these pro- visions .-hall be subject to a penalty of SoOO, in addi- tion to the amount or value of the fee or compen- sation and costs of action, one-half of the whole amount being payable to the person suing therefor, and the other half for the public use of the Pro- vince. Any violation of Sec. 43 shall be deemed a corrupt practice, and an election petition may be tiled against the offender within six months after the offence. The offer of any money or other advantage to any Member of the House for the promoting of any D No mem- ber, through himse f or partner, shall re- ceive re- munera- tion for promntiuf,' a Bill in any man- ner wlia*;- ever. K w u 1 o. < o » u O K z «c w a a o a z t (0 u C The offer of money to a mem- 00 >l '.I t ji: ber for his matter whatsoever depending or to lu; transacted in intluonceu Parliament, is declared, by linle IIG, to be a liigh crime. crime and misdemeanor and tending to the subver- sion of the Constitution. ottfv of a Sub-sec. :i, Sec. 4.S, Chan. 1 1, R. S. ( ). IHH7, enacts Y I lege . . tliat tlie otl'er to, or tlie acceptance of a bribe by any a. jreach member of the As.seiubly to iiithience him in his of i>rivi- proceedings as such, or the orterlng to or acceptance of any fee, compensation or reward by a»iy mend)er, for or in resi)ect of tlie drafting, advising ujjon, revising, promoting or opposing any bill, i-esolution, matter or thing sul»mitted, or intended to be sub mitted to the Assembly, or any Committee thereof, may be punished as a breach of privilege. ABSRNCE OF SPEAKER. Proviaion in 'He of ce of ■ir. In case of illness, or other cause, the Speaker uiiiy call a member to take the chair pro ton. ABseinbiy may elect a Speaker for the day. Sec. ',]:], Chap. 1 1, R. S. O. I.S87, enacts that in case of the absence for any reason of the Speaker from the chair of the Legislative Assembly, for a perioil of forty-eight consecutive hours, the House may •jt another of its members to act as Speaker, and the member so elected shall, (.luring the continuance of the absence of the Speaker, have and execute all the powers, privileges and duties of Speaker. Whenever, from illness or other cause, the Speaker finds it is necessaiy to leave the cliair during any part of the sittings of the Assenddy on any orai ily occupy the chair, and even sit during the whole of the remainder of the day ; and whenever it is im))0s- sible for th«=! Speaker to b-^ present at the meeting of the Assembly on any day, the House may elect a membtn- to take the chau- and preside as Speaker for the day; and everything done, while such mem- ber is acting as Speaker, shall be as valid as if the Spoaker himself were presiding in the chair. WHIPS." Kach paity, at the commencement of a Parlia- of"hr ment, selects one or more gentlemen to act as "Whip'<." "Whips "and Assistant Whips. Their duties are 51 onorons nticl exacting*, and ro(inire those vvlio faith- fully discliar^ii tlioiii to not only foresee Imt be present at all Divisions, to know the whereabouts ot every member, and to take pfood care that the supporters of their leaders are within the sound of the Division bells when they announce that a vote is about to be taken. 'JMiey are necessai'ily tin; cus- todians of party secrets, and become the means of conununicatioii, at times, between leaders and fol- lowers. They miike " pnirs " with tlie Whips of the opposite side, and often ascertain the namesof mem- bers anxious to take part in a debatt;, and ai-rannfe, to some extent, the length of a protracted discussion whi(;h has u'one beyond ordinai'v liudts. They sum- mon mendiers to a " caucus," and attend to the many other thinf(s which must come within the sco})e of thoroui^h or^anizntion. In short, what a j^'ooil Adjutant is to a Regiment, a faithful Whip is to liis J^uiy. PAIRS. A member compelled to absent himself from a p^j^,^ division, either throuL^h sickness or other cause, sought in ou'dit to make an arranueiuent, throuuh " the ^''^■^*^ "^, vVnip or hrs party, to secure him " a i)air with sory ab- some member on the opposite side who may desire sence. to be absent, or willing- to u'ood natiiredly serve a fellow iiu.Muber. in this case, the member airreeinfj to ])aii' will not vote, even if in the House, uniil the return of the absent memlier, and the relative strength of the respective parties in the House will not be atlected. No official record is kept of pairs, but, aftei- a Division, the Whips call attention to their existence by asking- that the Division List be read, and stating that certain gentlemen have not voted because they had "paired" with others. This temporary suspension of the liujht to vote is an act of courtes}' willino'ly extended by members to each other, but is seldnn resorted to unless under pressing circumstances. The absence of the name of a member from the Division List when he is "paired" is generally reported by the press. s (A U wo a. 3 « u O K The Previous Question precludes further amend- ments, but cannot be put ^ hen an auiend- ment is before the House. Nor can an amend- ment be moved to the Prev- ious (Ques- tion. No amend- ment shall be moved which is in the nature of the Previous Question. 52 THE PREVIOUS QUESTION. The 35th Rule of the House defines the Previous Question as prechiding all atiiendments of the Main Question, and to be put in the words, "That this Question be now put." If this motion prevail, the original question is put forthwith without amend- ment or debate, and although the question of adjournment may be proposed and voted upon after a motion for the Previous Question has been placed in the hands of the Speaker, it cannot be moved, when the Previous Question has carried, before the Main Question has been disjiosed of. The House, in adopting it, had resolved that the Original Question should be now put, and that mu t be done. But the Previous Question cannot be put if an amend- ment is already belore the House. When that amendment is disposed of, the way for the Previous Question is clear. Nor can an amendment be moved to the Pievious Question, although the debate upon the adoption of the Previous Question may be adjourned. No amendment s^^nuld be submitted which is in the nature of a Previous Question, May says, nor can an amendment to an Amendment be admit- ted, if of this character. (See Decision of the Speaker in Ontario Legislative Assembly, 14th February, 1877) But the more recent Practice of the Legislative Assembly, and the Speaker's rulings with reference to the same matter, have been con- trary to this Decision. THE ONTARIO CABINET. Asst f Reipon- sibls Govern- ment in Ontario. Ptesponsible Government prevails in Ontario as it does in the Dominion. Each member of the Executive necessarily holds a seat in the Legislature, and the Cabinet relies for its existence upon the confidence reposed in it by the representatives of the people. Its policy must be such as shall secure the approval of a majority of the Legislative . revious he Main hat this /ail, the amend- ^tion of )on after n phiced moved, fore the louse, in ^)uestion le. But amend- en that ^revious e moved ite upon may be •hich is \Y saj's, admit- of the 14th ctice of rulings en con- y ario as of the lata re, )on the :ives of secure islative 58 Assembly, and a vote markedly adverse to it is re- garded as a withdrawal of the support essential to the oHicial existence of the then advisers of the Lieutenant-Gov^ernor. The Cabinet cannot retain power in opposition to a declared want of confidence expressed by a vote of the House, although, under certain circumstances, it may advise and be granted An appeal an appeal to the electorate. Its ret'^ntion of posi- to Pilec- tion, in such case, will depend upon the sustaining vote of a majority of the newly-elected body. A member of the Legislature may be called upon without to enter the Cabinet, in either the Dominion or the Portfolio. Iiovince, without portfolio or salary, l)ut such an appointment is not often made, and is a departure from the general rule which apportions to each of the Executive the control of a Department. In Ontario, a Minister of the Crown has frecpiently been compelled to undertake the management of what are piacticaliy two or three Departments, although nominally at the head of one. A Minister has acted as Commissioner of Agri- Ministers culture and of Public Works, and afterwards as combining Commissioner of Agriculture and Provincial Secre- meats.' tary. The Commissioner of Crown Lands has control of Mines and Mining, and the Provincial Secretary, in addition to his other duties, has charge of the Public Institutions of the Province. The Treasurer, while managing the Finances of the Province, superintends the License Branch, and the Minister of A o-r, culture discliarijes the duties of Registrar-Genei'al, and presides over the Bureau of Industries. Since Confederation, the affairs of the Province of Three Ontario have been administered l>y three Cabinets, Cabinets of which Hon. J. S. Macdonald, Hon. E. Blake and federation Hon. Sir 0, Mowat have successively been the Premiers. That of which Hon. J. S. Macdonald was leader, was formed in July, 18G7, and its first members were sworn in on the 16th of that month. This Government, coalition in character, remained in office until 19th December, 1871, when it resigned after adverse votes in a newly-elected Legislative n in lu z '-i (fl o a. o w u w a X o o z Rkor. ('(msl.itiicncy. Wh.-n Kloctcil. Iicf^islaturc". Hon. .lolin StcviMiaon " Kiciiard Willimn Scott " (t(MirR(> James Ourrio . Lennox Ottawa Wolhvnd Dec. 27, IH(>7 . " 7, IH71J " 21, 1H7I { Jan. 7, 1H7J| Nov. 21, lH7r. . .liin. 7, 1HS0 . " 2.S, IHHI . Fob. 10. 1K,M7 . " 11, 1H!»1 . First. Part of Sec- ond. Part of Sec- '' Hupert Mi'arso WtiUs. << s Ciarlvfl t( It " Jacob Baxter South liruce Ccntn' WcllinKton. }la1dimand South Forth ond. Part of Sec- ond. Third. Fourth. Fifth. Sixtli. " Thomas Ballantyne . . Seventh. PPvF.MIFJlS OF OXTAUrO. Name. Constitufnoy. When Appointed. Lcf^islature. Hon. .Tilin Sandfield M.ac donald Cornwall July 10, 1HG7 . Dec. 20,1871 . Oct. 31, 1872 \ First. Hon. Ed\vai"d Blake Hon. Sir Oliver Mowat ... West Purhani North Oxford ... Second. Part of Sec- ond up to Seventh inclusive. ■r 50 Sr'KAKKIl'S VVARJIANT Foil AURKST OK PaIU'Y Ol-FLTV OF A CoNTKMPT OK BiiKAcir OK Vnw w.vMK. Proviiuu' orOiifiii-io, Vl'o Dominion of CJaiiaila, J- v To Wifc: j 8ergeant-at-Arm.s. Wlnircas, the Legislative AHSiirriMy of tlie Pro- vince of' Ontario have tins day resolved that , liuvino' Iw'cn L^niilty oi' ii con- tempt find hn^aeli of thci |)rivil(';L,'es of this IIoijs(!, l)e connnitted to the custody of tin; Serf^ouit-at-Arms attendir)"^^ this House. These, are ti.;"'jt'ore to re(|Mire you to take into your custody tin; hody of tlie said and hiin safely to keep (hirino- the phwisure of tlie House, tor which this shall be your sufUciciUt warrant. Witness my hand and Heal, at the City of Tor- onto, tliis day of , in the year of our Lord, one thousand ei;^ht hundred and ninety- . (L.S.) Speaker. NOTICE TO THE SPEAKER Or A Skat Rendered Vacamt ijy the Death, Reskination, or A(J(."ki'tance OK Office by a Member, To tlie Honourable , Speaker of the Legislative Assembly of Ontario. We, the undersigned, being two members of the Legislative Assembly of Ontario, do hereby give /« 5 WOo. o w u ■a c z \S 60 notice to you that a vacancy hns happened in the Legislative Assembly of Ontario in the representa- tion of the Electoral District of (by the death of) (by the resignation of) (by the acceptance of an office of emolument under the Crown, t' at is to say, the office of ) , Member of the said Elec- toral District of , Witness our hands and seals at this day of 189 Signed and sealed in \ the presence of ( A. B. (L.S.) E. F. f C. D. (L.S.) of ) ill RESIGNATION OB^ A MEMBER. 6 189 To the Honourable , Speaker of the Legislative Assembly of Ontario, Sir, — T hereby declare my intention of resigning my seat in the Legislative Assembly of Ontario for the Electoral District of , and I do hereby resign the same. And I make this declaration and resignation, under my hand and seal, and in the presence of the undersigned witnesses. Signed and sealed in our presence at the day and year above written. C. D., of E. F., of A. B., (L.S.) ^ 61 GENERAL ELECTIONS IN ONTARIO SINCE CONFEDERATION. September. Lelo(hrin . . . . McColl 333 j 2104 131 4 ir.!)4 2038 2384 White 1901 < Balfour . . Smith ... Jldi/siile . Bush .... CItlaivl .. Ititrkr . . . Hunter . . Baxter, . . Kerns . . . >StinK(in . . lliilfnir. . . Jluilxon . Wood ... h'Uinon . . Bishop . . . Oarrow . Fcnjuson (Vancu. . . Met calf . 2f)05 12r)8 175(i l(;il 2312 1513 2150 2000 2377 4111 1078 1801 Accl. 225f5 2144 2125 2347 { 2823 1(;2!) McKcnzie. 2203 " W. R mtckenzic ... Lanark, N. R <\(ldiccll . . .. '• S. R McLenaghan. Lteds 1 Preston 2748 1 1525 1509 ■[ 1818 Halliday 1412 Lyon 150!' MacdoncU .... 72, Hamilton 057 .loiit'rt 1433 Kinney 1(120 I'orter 1818 Tennant 1204 vShaw 1549 Lenn<).x 1138 Kidd 1136 Hailt'y (!03 ) Gaviller 501 f (Jndiam 1948 Collins 1304 I'rower 1()43 Dance 1!>20 McCrimmon.. 2199 I'acatid 12(i() | Cleary 802 / Eox 22!t8 Hhibley 11(;9 MclMiee 1498 French 1199 Creighton 1935 Hunt 1370 Blythe 2012 .Sheppard 1()G7 H-obinson 219G (iib.son 4025 Ostrom 1542 \ ermilyea 1792 Musgrave 1753 Holmes 1986 Roberts 2013 Patterson 1714 \ Parrot 286 j Flemng. 2782 Thon pson KiOO McGillicuddy . 1741 \ Barnes 260 f Fitzgerald 2035 i Coulter 172 I Preston 1336 Kiopen' 1078 | l'>iurov's 7 J Webster 1362 8 86 60 5!» 521 634 17 975 311 45 9 730 166 10 51 118 185 635 207 98 258 412 377 143 144 333 181 86 136 9 503 158 112 633 41 29 462 713 189 431 451 G3 VOTES CAST AT GKNKRAL KLKCTIO'S— Conceded. Conatituoncy. Lennox Lincoln London . Middlesex, K N W Monk Muskoka NipiHHinf? Norfolk, S ,. N NorthuinlH-rland, K. . . W . Ontario, N S Ottawa. Oxford, N S Parry Sound Pee! Perth, N. R S. K.... Peterborough, E W .... Prescott Prince Edward . ... Renfrew, S N Russell. Simcoe, E W C Storinont Toronto . J [ Victoria, E " \V Waterloo, N S Welland Wellington, S E W Wentworth, N S York, E " W " N Total vote. Mrnchavi .... 1441 HimM 2424 Mcrntith Accl. Tuuleii 2f)08 Watcn 2000 itoxs i<>r)0 Ilarcnurt 1705 Marttr IfjOf) Loiiqhrin 881 Chn'rlton 15(58 Frcf)ii(tn 1001 Willouiihhii .... 2185 Field 14.')3 (Jlctiih'uniiKj . . . 180!) Driidin 2400 lironsan 837!' iUinidt Accl. Afch'aii 17r.4 Shar)ic 1.SS7 <]/iis/iolm 20.')1» Afirots 272!) Ihlhtnlync .... 2241 niiuird . 1421 Strattun 1925 L'noiturcl Accl. Uprwjiir. 2040 DimUni) 1470 1 Dunlop 1843 Jiohillard 2233 MiKcumjML... 20!)2 Wiilir 1.318 J'itt(,u 155!) Mack . .. 2202 E. F. Chirk f . . 5802 11. E. i larkc... 5542 Tait 535!) I Fell 14,5!) McKai/ 1827 Snidrr 2205 Moore 2161 McChary .... 2345 (lutliric 20!)8 Vlarkt, C 1502 Alhiii 14!)5 McMahi.n .... 1409 A wrfii 1 472 >Smith 1705 (■'(iiiiour 178!) Davis 1875 Ayleaworth . . . 141!l (iarHon 2271 Turdoni 2450 Hutchins 1!)45 Morgan 1820 I Snider 1341 I Cock burn 1470 PnrviH 429 Morgan 14!)8 Houghner 121)4 Young 1910 Purser 1000 Coidd 1791 Miller 2S28 Donaldson .... 1904 i^iitler 1)03 Mc(;orniick . . . 1277 Hughew 1930 IlecH 2037 Davis 1610 Kidd 1342 Unrnegie 1361 •lohnson 2033 Campbell 1241 Leitch 240 Murray 1755 Broder 1388 Drury 19.34 Hood . 823 Craig 1142 Leitch 1906 McDnugall. .. 51!)7 Armour 4502 Hell 4001 Moses . . . . 703 Campbell 1.387 Cruess 13!)5 Kcully 1483 Bowman 1744 Morin 2274 McDonald 144() Hampton 1103 Long 1189 Maclean 1181 Potts 1451 •olil)si)n . 1188 Clendennan . , 1728 Robinpon 1184 001) 703 f 22 163 68 86 124 424 89 462 66 307 276 393 78 132 1415 801 110 123 • 92 631 79 564 229 88 835 158 495 417 356 320 183 162 72 432 722 417 71 052 459 .306 288 51 517 61 691 c in u (00 0. (J4 BY-ELECTIONS SINCE GENERAL ELECTION, ISDO. Ontario, 8 . . . . Monk Norfolk, N . . S.... T)\irhnin, K. . , . iVrth, N Hamilton l^riic*', N (;n>v, S VVellinHfton, E. KingMton Renfrew, N . . . Toronto Peel Toronto Bruce, North Lanibton, Knst Driniiu Accl. Ifarcinti'l Afcl. Cdrprntcr . 1720 Vharltvn Ifi7(i CaruiMI 17«» Mitinmod 2S'2H (iihmn J;,('r» 1:4 Im H CO , -1 03 CO ^ d .2 O Eh d -a d vx (4 1) i _ 0> Oi-l ^,^ l-H f-) ■^ 'x> '^ (- 00 « X » g-^'-f N u > ■» u jj O O 4) QK^'W • • Ifl flO o '. '. 4) h< > i^a ■ ■ o hi S^S •/> ^ a o ^ 2 ha c« o '- a 1 -liOXH • -o v> : c : s . «« ; u • U ' •*^ aj ■ •a •-3-2* < i;" §"?f ver of o c — TJ a S Xir;: 4i.C Ct>> k— > >ii'-- ress ■ed. c 1^00* "o ;: "o 2 d > > w ^a m 3 O 4) 4J ! I ! ! e > . . • a J>M«t- , fi S O O S a c^'kr.'^Pt u . . n ® • t^OOOiO «0 «£> "-C t^ 00 X CC CO 1-1 i-t r-i ri P H iJ I— I CJ 'A o o w CO » cc '^: ^ < . c4 4 4 JK *H — 1— I JC #.-, ^. <, ^ l-< »-c 1— I rH S* a B ? "O w * ■ 5=2 a ^2 1- 3 t- "5 >>. « 4) • . " u ^ * >- ? Kacio-o <0 ' ^ • o "* g ^ >. O t. o i-i 05 Ci M o a d * t»X t^iM h>X9> ,^ h- «— t- i-(ja j3ja •s a rt t« ^ fl d c i a B > ;! T3 a • t) D n • X ■-H 1*5 ■^ »1< r.t» h. (>• X X X X 04 tJ H Q a n ... , "J ■ rt i U ,«5g *-- hi e« OS O * 4> "3 . 4. 2<-B to •♦oo ^ a a a ■^ e<5 oj CJ o O O B U-. t-- X 3> t- r^ r- I-- « X X X "I 2 s woo. /M E 60 a H < O P=4 00 00 30 ^ 1-1 " t> o o . h M t. __2 A ^ rt '^1 <*, rt l.*, J^ 05COI-0 i-i C<1 N d c c w a a ^ ^ • e • o u be • • D o i; ri ^ k-« -* »^ fell 5": ^> t>. "*• r^ -t c a = « 55 ,-3 58 ^ H H c = c w c5 :3 !8 i; P --I M 'M ^ y: ~jj X X X X c 00 30 00 00 00 00 in p»n MJSJS o u V t< h t4 rt cS o8 K Pi H I— I a I— I 72 a ai C eo 00 3o" (M i> £ O •w s« > g fid OJ S 3 - Jill 5 a '^ b s S o s CI •; m -^ "o c c =■ h^ Cw ^ 73 O "~ -^ o r- N ri M a s -^ rt rt es H CO xn ^2? eg o too : s.i u y " 0! e« fc- CO r" t- X c. o X X X Si X X X X ,-H i-H iH — I I .* -H 'X H E s "T CS ^ * aj ^ h^ ^ < Oin lO s;i^«: a; t ~ f-i !M :^ XXX ■«!EgaiH»tt3a:wa- 7i 67 OFFICERS AND SERVANTS. The Clerk ok the House is appointed l>y Com- luission from tlie Lieutenant-Governoi', and is respoiisihlo for tlic safe lvoepin;L( of all tho Papers and Records of the House ; lie has direction and control over the Otficers and Clerks enii)loyed in the Le;j;islative Chandler, suhject to such orders as he may from time to time receive from the Speaker ; he eniloises, wjtli liis recomm<'n(lation and appi'oval, any iww a[)|)ointnient of Clerk or Messenger, and senes on Private Bills; and discliai-ges numerous other duties not specitied in tlie Rules of the House. TiiH Clekk Assistant acts as Clerk of Votes and Proceedings ; indexes the Jouriuil and Sessional jiapers ; prepares the Orders of the Day and Notices of Motions ; indorses, enters and indexes Petitions ; calls Divisions ; keeps a record oF the progress of Bills; reads the titles of Bills for Royal Assent; and aids generally in Sessional wurk, and in ])roof- reading, indexing and other cleric d l;d)ors (luring the recess. The Clerk. Rule 100. Rule 98. Rule 101. Rule 39. Rule 102. W a Rule 46. Q Z Rules 62, 04, 75. Ruli' 62. C Rule 78. 1 Rule 86. 1 t 1 Rulr 92. fl Rule 110. Clerk Apsistaiit. ■■'■ , X ' 08 Sergeant- at-ArniB. Rule 103. Rule 0. Rule 7. The L ^ 5 o X o •I " PRAYERS. The proceedings in the Legislative Assembly are Form of preceded each day by the reading, by the Speaker, ^J^^fn/of of the following Prayers, adopted by the House on Daily Ses- the report of a Special Committee, in the Session of ^•°"' 1878 : Lord our Heavenly Father, High and Mighty, King of kings, Lord of lords, the only Ruler of u o 70 pritu'c^. who dost, from Thy tliroiu* lielioM till llu» (IwoINm's M|>t>M (>)U'th ; M(^s( lionrlilN \v«» Itrsccch 'V\\oo widi Thy jjivor lo iirhoM our Most. ^niciniiM SovortMLiu l.july (^huM'H N'icloriji, nnd so i-(>|)l(Miish hiM' witli I lu> !4rm'(> of Thy Holy Sjtivil llint. sh(Mimy always inolitu* t(> Thy will and walk in Thy way: Mnduo h(>r ))UMd*MMisly with llcMvcnly iril'ts ; nraid. hoi" in h(>nlMl(h lon^n l.o li\t'; st,rt, may attain ov«M-laslino; joy and rdioity, throuj;lv Jcsum ('hrist Our liord, Ainon. Ahni-^ldy {\oi\, thr l"'o\n»lain oT all (uxxhuvss, W(» linnd>ly lit\s(>('(d\ Th«M> to l>l«\ss Allu'it. I'Mward. I'rinco i>r \\'aU\s. [\\o I'rinorss of \\'al(>s, and ail the Rv\val l'\'innly : Mndn(> tiitMii with Thv Holy S|>irit ; tMU'ioh tluMu with Th\ HcavtMdy (Jivn'c; |)r«)s})t>r tluMU with all Hap]>inoss; and hrim^ them to Tliitu^ oviM'lastino; lvinij(h)ni, t.hr(>n!j^h .losus Christ ( )ur Lord.- — Anion. Most (lraoi(Mis (utd. W(» hunihly hcsoiM'h Thoo. aft for tho PnitiMl Ki^^^■doln M' (Jroat Britain aiul \yo- land, and Hoi- Maj(\sty's Dominions in m'nt'ral. so ospooially \'ov this Pi-o\inoo. and hojv'in nioi-o par- tioidarly fi>rtho liiontonant-( {oviM'uor and tiio Hou.so of Assomhly. in thoir l,t\oislativo oapaoily at this tin\o Assomhloil : that Thou wouldst ho ploasod to (liioet and pnvspor all thoir oonsultations, to tho advaneomont of Thy Ljlory. tlu^ safoty, honour, and wolfaro of our So\'ortMi;n and Hor Province t)f Ontario, that all tilings may ho so ordorod and sottlod by tlioir ondoav»>rs. upon tho host and suiost. fivindations, that poao-: and happinoss, truth and justioo roliiiion and pioty.may ho ostahlishod anu)nf Jesus Christ, our Most blessed liOrd and Saviour. — Anum. Our Father whieh Art in Heaven, HalloNved be Thv name. Thv Kitiijdom eome. Thv will be done on earth, as it is in Heaven. Give us this day our daily bread. And fiM'ijive us our trespasses, as we for- ijive them that trespass against us. And lead us not into temptation ; but deliver us from evil. — Amen. I I 1 71 OATHS. Soc. If), niifij), II, |{,. S. (). IH.S7, •Icc.lanvs duit Adl.lavn iM^Torr II McmlMM-clccI, of (he liCiMMlittivr A^HClllMv ""*''i"»y" is pcniiiMrd i.o liiUc llm ()iillui,sji Mcmlicr, lie slmll ,,iii..r Uuui lilt> witli l\w (!|rrU ol* llic House i,\u'. lollowin;; alii- tl'n.uKlnm (Iiivit, in Ik> Hwoni lirl'on^ till! (JlcM'k : ' ^*" " I, , of tllO , ill lilt! ('ouiil.\'(>r , ('l('cl,('»l U) icproHiJiit l\\t' lOlrct.onil |)ist.ri(rl, of (ds llw aiHr iikii/ hi'), \n the Legislative Asseiiilily ol" I.Ik^ Province of Oiiljiiio, iiiiik(^ omMi iiikI Miiy : — Tliafc, ox(Mf|il, ill r(«M|)(M!l, of my ))(«rsoiial (!X|)eji.st's, I hnve not. iiiiiJ l/ie Province of Oiitiii'io. Si'ctiou lliS of '/'//(' /iril'is/i, Nortli. Aiacrini, il'J^ Oatli of /(SV;/, directs that every M(>ml)i!r of a Lei^islativi! A"*'"^ Assemhly of any Province, shall, he.l'ore taking his Koafc therein, tak(^ and suhscrilie hoforo tho Lieiit(3n- ant-Clovernor of tho l^rovinco, or some person authori/e(l hy him, tlm Oath of Alieufiance contJiincd ill tho lifth schedule! to tho Act, and which iM^ads as follows : I, A. 11., do swoar that 1 will ho faithful and hear true allogiunco to Him* Majesty, Queen Victoria. (Note. — The nn/me of the Kinff or Queen of the United Ki)i(/iiil»l\- tluM'c shall lu> allowed (o oacli MomluT tlio sum of ^(1 Tor oiU'li (liiv's nitcndancc, umIcsh tiio Sossioti oxtoiuls bin (»nn a .snssioiial allow- ancoof such su'M as may he M|>|)i())»riali'd I'oi- (he puv|ios<\ I'roiu (iu.c to timr. shall he paid. 'PIk! a\('iam' l(Mii;th ol' a S(\ssi(»n is ahoiil (wo mioiiUin. and the indtMunity for many years has hccn fixed at !?()(»(). In addition (i» his indenuiily. each MemU(>r receives stationery su)>])li(vs ^u (he value of Sl.'> (>Mch vSession. A diMhiction, a( the ra(e of .*54 j)er day, shall he n»ade from the sessional allowance of a i\lemher for every day upon which he doe.s not attend a sittins;' of tlie House, vniless, if residini; ai tlu^ time within t(M\ miltvs of (h(» ])lac( wIkmv the S(\ssion is held, he is prexenled hy sickness from a(tendin<4' th(> sitting. See. (>4, Clui]>. 11. R. S. O. I.NN7, enacts tliat tiio c ])aid from time to time as the nu niher becomes entitled to it to the extent of $4 for oacli days attendance, but (he remaindcM- sliall be letained b\- the (.^lerk of the House until the close i)f the Session,. vvhen the final payments .shall bo made. There shall also be allowed to every member the sum (if ten cents for every mile of the distance between the plae-.^ of his residence and the City of Torontc), reckonino- the distance uoinsj; and cominsj accordiuii" to the nearest mail route, which distance shall be determined and certified by the Speaki>r. Each member, beAne receiving- the balance of indemnity due to him at the close of each Session, must nuike the following declaration before the Clerk of the House, or the Accountant, or a Justice of the Peace : DECLARATION TO OBTAIN SESSIONAL ALLOWANCE. {Rev. Stat. Ont, Chap. II. sec. 68, Schedule G.) I, , one of the Members of the Legislative Assembly of Ontario, solemnly declare: — That I reside at , which is distant by said diiy, and on each tUiy of the.said Session, alter tlio said day on which thert^ was a .sitiin;; <>!' tin; said Iie,i;islativo Assembly, 1 attended such sit(in<^, or a sitting ol" some ( -onnnittiHi thorcot',* except oidy on dnys,** or» ol' which 1 was prevented hy sic^Um^ss Crom attending as aforesaid, though I was then })rosont at tlio said City of Toronto.*'^* B /W W iwoa IP •" c Declared hoforo mo at , tho I )i day of , one tliousand eight hundred ;ind ninety- (^lei'k (or A(;connt)int) of the Legislative Assembly or .lustico of the I'eace for the of (or as the case may be). Mileage at 10 cents per mile $ Sessional Allowance 600 00 Less days a))sent,'at %^ per diem % u o o % Toronto, day of L89 Received from the Accountant of tho Legislative Assembly, the above mentioned sum of (Signature) M.P.P. II 74 ANNUAL SESSION. Tw.u,. Pvy Soo. 4, ('liM). 11, U. S. <). 1S.S7. it is providod Ehlot duUthrn' shnll l.r n S«\sMimi ol' (li(> l..«L.islatiir(\ in(oi\i'n«» ouco i\i loMst. in cvci'v v»Mir. so I1\mI. |.\v«>Iv<> lu'inlhs ««>MiTi" ^1»»'l '>»»< intiM\tM\«« lirlwiMMi Mic Insl sittiuL!: t>r Ihr l,OLiisl;itmi' in ono Stvssion, :inii the (ir.st, sitting" in tlu' ne\l. • n. N. A,. StM. N(> «>t' tlu> Hrilisli North AnuM-irn Aot. l.S(}7, 1S(?7. th>('I)U"es ihnl llwMt> slinll 1m> a stvssion of thi* iiCi-isla- ninwlrti- t '•'■'' «'< ^'iitano. onoo !U. least, in (>v('rv ycMir. DURATION OK A LKiilSLATUiili:. Tour ('hM|v 11 »^t' l\. S. (). (Mnu'ls (hal (»V(M'v l/t'^ishitivo yoftm. Assaiuhly shnll ooiil inne I'or I'unr yenrs front tho tii'ty lit'tii «!;\y aWov the dtiio of (lu» writs of tiie oh\'tion. }n\tl no lono-oi- (^snl»joet to lu>inij sooner dis- solvotl by (lie LitMitenant-ttovernor). T.fjjislA 'j'lu» po\V(M' to proroi^ne or (lissolv(> the Assenihly dif>s,>lv«.i ''^ '^*^^ MtUn'teil hy »len)ist» of tlie Soveroij^n, norsiuili bv (1oinis<> (Ih^ As- of "cro'Au. siH'h doini>e. PAVMKXrDF WinrKKS. MKSSKN(U<:i{S AND PA(Ui:s. Tlie amount ol eon\pcnsation to Sessional Writers, Messonovrs and Paixos, is fixed by Mr. Speaker, ami is ijonerallv as follows : Sessional Writers i?2 00 per ditMU. Mossoniiers 1 'lO PtViTOs.r 75 DISTRIBUTION OF PUBLIC DOCUMENTS. Each inonibtM" of the Leijislative Assembly is ontitleil to receive copies of Public l^ocunients, as they are printed from time to time, in following uumbers : Votes anil Proccedin^fs, daily - Ordeis of the Day ' " * 1 •|',?(i . Tb Hills, for tl Onta passe 11 7r. PiiMic liillH 5 l'rivait> I'.illM 2 ScNMioiml I'npciH H Dcpni Inunlnl HcixJitH 5 l'ul»li(' r.illM, MiinI n'n(lin|;r 5 I'rivdio Hills. " f JJomid .IdUiiwilM (»r llic lloiiHo 2 " Scs.siomil l'n|i(>rH 1 Sl.ahitoH 120 c'DpJon to llift iiii'iiilior iiilrocliivin^ it. /W ,«0 £ O NiJMr.i':i: ok imopokts, k\v. Th(> iunnli(is' Association (in- cluding 420 for hound Sessional vols.) 2,r,()0 ',]. Aj^ricultural ('ollc^c^ (includiufr 4"-0 for hound Sessional vols.).. 2,r)00 4. Estinuitcs (includiuL!,' 420 for hound S(^ssional voh.) 2,500 6. Puhlic Accounts (inciudinji^ 420 for hound Sessional vols.) .... 2,500 0. Education (includin<.j 420 for hound Sessional vols.) 2,500 7. J)e])artinental Keports (includinn; ing 420 for Ijound vols.) ],920 8. Votes 1,150 9. Orders of tl»o Day 250 10. Puhlic P.ills, first reading 1,150 11. Puhlic Bills, reprinted 250 12. I'uhlic Hills, third reading GOO 1.'}. Private Hills, first readino' .... GOO 14. Private Bills, reprinted. ....... 250 15. Private Bills, third reading. . . . 100 T 1 OC 7G Number of copies. 16. Sessional Papers (600 for im- raediatedi.stributicjiiaiul 420 for bound vols.) 1,020 17. Journals, bound vols GOO The nunibci- of all Departmental Reports to be 1,920, including 420 for bound volumes, excepting those numbered from 1 to G, inclusive, which are to be 2,500. Orders for any of the above publications required for any of the De])artujents mu.st be signed by one of the members of the Executive or head of said department. Recapitulation of Distribution. L— Votes. Distribution as per list 900 Remainder 100 Total printed *1,500 //. — Order's for the Day. Distribution as per list 230 Remainder 20 t Total printed *300 HI. — Public Bills, First Reading. Distribution as per list 1,170 Remainder 80 Total printed *1,500 IV. — Public Bills, Reprinted. Distribution as per list 230 Remainder 20 Total printed 250 V. — Private Bills, First Reading. Distribution as per list 500 Remainder 100 Total printed 600 ^Numbers subsequently increased by Order of Committee on Printing. a of copies. 320 jOO bs to be :cepting li are to 'equired by one of said )00 LOO 500 530 20 00 70 SO OO 10 50 >0 Stee on 77 VI. — Private Blllfi, Reprinted. Distribution as per list 230 Remainder ... 20 Total printed 250 VII. — Departmental Reports. Distribution as per list 1,400 Remainder 100 Total printed 1,500 VITI. — Third Readings of Public Rills. Distribution as per list 500 Remainder 100 Total printed GOO IX — Third Readings of Private Bills. igi Distribution as per list 80 Remainder 20 Total printed TOO A'. — Sessio7ial Returns. Distribution as per list .500 Remainder . 100 Total printe.) GOO XI. — Bound Volumes — Journxds. Distribution as per list 380 Remainder 40 Total printed *G00 XII. — Hound Volumes— Sessional Papers. Distribution as per list 380 Remainder 40 Total printed 420 By order of COMMITTEE ON PRINTING. (A U (flOa, o "> u oc o DC : O % m Origin and u«e of Mace. FirHt Up- per Can- ada Mace. 78 THE MACE. Ah a liistory of the orifjin Jiiid use of tlie Mace, wliicli pliiy.s a part more or less important in the procedure of the llou.se, mui^t possess some interest tor tlie MemluMs of t\u' Lo^ishiture, an articK' upon tlie sulnji'ct, copied from tlie Cdnadian Mo7ifhli/ for Au^nist, ISfSl, is<,Mvon as an Apj»endix. It may l)e aihhid, that an oil-painting, reproduced and enlart,'ed from a photoi^Maph, of tl)e first Maco used in Upper Canada, and caj)tured by the Ameri- can forces at the hurniriL;- of York, U.C , on 27th April, ISl.'-,, is to he found in the Members' Recep- tion Room. SALUTES TO MEUTENANT-GOVERNORS. WImmi Earl Kimbeiley, Secretary of State for the Colo- behalfof' »iR«. ii^ re])ly to a (incstioii pu^ to him, as to the thc'iiiccii. ceremony to be obsorvetl at the openinj^ and closing of Pi'oviiicial Legislatures, said m a despatch to Earl of Dutl'erin, Governor-General of C. nada, 7th No- vember, 1872: "With refeience to the ((uestion asked by Sir Hastings Loyle, and submitted by Lord Lisgar for my decision, namely, ' whether the Lieutenant-Governors are .su[)posed to be acting on behalf of the Queen,' I have to observe that, while from the nature of tlieii' a{)p jintment, they repre- sent, on ordinary occasions, the Dominion Govern- ment, there aic, nevertheless, occasions (such as the opening oi- closing of a Session of the Provincial Legislatures, the ceiebi-ation of Her Majesty's birth- day, the holding of a levee, etc.) on which they ' .should be deemed to be acting on behalf of Her Mnjosty, and the first part of the National Anthem should be ])liiye salutt' of lo guns POSTAGE. betters lUMiled by Members oi the Leuislative Assemb.v dui'ini; a Session of the Leoi.slature, and all letters from any of the ]3epartinents, are .subject to the usual postage rates, the postage; thereon being paid by the Province, Mendiers must, initial oi- place their names uiion the envelopes of such U'tteis as ihey niay .send during the Session, so that the Postma.'-ter nuiy be satisfied of the genuine character of cDU'esjiondence passing through the House Post Office. Letters not so distinguished aie sent to tlie Dead Letter Office. ^lembeisare recjUested not to close or seal envel- opes in which Bills, (>tc., may be placed, as tliey will tlien be subject to letter rate.s. But Bills may be .sent in an open envelope as free matter. All letter.s subject to postage. Letters inu.st hnve name ( f .'^ender on envelojies. Envelopes cover'Dg liills net to be sealed. B (A U Z ^ o * r u. u) woo. o «« z Printed n\ivtti'r niniled free. Petitions, Addrt'SHcs, etc., free. Statutes and Library Books sub ject to postage. Depart- nuMital Kt'ports dcliverod witliout clKuge in lTuiti>d States. Olosinp the mails. 80 All PapiM's piiiiti'd l)y order of tlio Le>ession, the House adjoiirns at oi' before six p.m., thc: Post Otlice closes at 9 p.m. Wl)en there is an evening Session, i-he mails are made up until lO.lU) p.m. STATIONERY. On l()th dan., 1871, the House Rcsolml: Th.nlin future a Sessional allowance of Stationery of the value of ten dollars, and no more, shall be delivered to each member at the opening of the Session, and that each member may select his own stationery. Tins amount has l»een found to be insutHcient, and the allowance of stationery now represents a value of liftei'U dollars. -u 81 THE CJ.OTUlll!:, OR CLOSURE. be- are are the and fiery, jicnt, lits a V Ji>' Standini;' Order of tlir Imperial House of 'pj,g Oomnioiiis, adopted 27tli November, 1882, it was Cloture, ' allirmative, if a division lie taken, unless iL shall ,,,„te(l by anncar to have lieeii sup])orted by more than two """■*; t*'*" hundred iiiemln'rs, or uni».';-is it sliall appear to have rpd. been o])posiMl by less t^;an forty iiicinl)cts, and sup- port!., by more than on" hundred membiTS. On the ISth March, 1887, the Imperial House of Coiiiiiions adopted the followitio; Standing Order, contaiiiinj;' further provisions for the ])urpose of |)ievi'ntine' obstruction to the l)usiness of that body : That after a Question has been proposed, a Mem- ber risint;' in his place may claim to jnit "That the Question be now pub," and unless it shall appear to the Chair that such motion is an abuse of the Rules of the House, or an infrin^emeiit of the rinjiits of the miiioriiy, the leased to approve of the adoption of the followins^' regulations : 1st. The Governor-General of Canada to be styled "His Kxcellency." 2nd. 'J'he Lieutenant-Governors of the Provinces to be stvled "His Honcmr." .Srd. The Piiv\ Councillors of Canada to be styled " Honourable," and for life. 4tli. Scrators of Canada to be styled " Honour- able." but oidy during otHce, and the title not to be eontiiiued afterwards. 5th. Kxicutive Councillors of tl.e Provirices to lie styled " Honourable," but finly while in oihce, and the title not to be continued afteiwaids. na I S?SS*3SSS TaE> na 83 Gth. Lcirislative Conncilloi's in the Provinces not in future to have that title, but jj^entlenien who were Leii'islativc Conneillors at tlie time of the Union to retain the title " Honou'altle " tor life. 7th. The President of the Legislative Council in the Provinces to be styled "Honourable" during office. cSth. The Speakers of the Houses of Assembly in rhe Provinces to bo styled " Honourable " during otfice. LIBRARY. The following Rnh's, for the management of the Library of the Legislative Assembly, were adopteu Lst May, LS91, and supei'sede all former Rules: Rules of thii; Liijrary. Legisla- tive Conn- cil'.ors. ' (t President (fl u z ^ i)f Lcgislii- tivf Coun- (flOa. cils. o « 111 Speakers O It s of Assem- bly. «r« I le led M'S led l.e to ee, I. A proper catalogue of the books l)elonging to the Library shall bo k'ept by the Lilu-arian, or person in whom the custody and responsibility thereof shall be vested; and who sludl bo retjuired to report to the House, through the Speaker at the opening of each Se.ssiou, the actual state of the Library. '2. No person shall be entitled to resort to the Library during a Session of the Legislature, except the Lieutenaut-Oovernor, the Members of the E.Kecutive Council and the Legislative Assembly, and the officers el" the House, and such other per- sons as uiay receive a written order of admission from tlii> Speaker of the House. Members may personally introduce strangers to the Library dur- ing the day-time, but not after t'.ie hour of six o'clock p.m. •S. During the Session of tlie Legislature, no book's belonging to the Library shall be taken out of the building, except by the autliority of the Si)eaker, or ui)on receipt given by a member of the House. 4. During the Session the Library shall l»e opened daily from o'clock a.m. until 9 o'clock p.m., and .should the Hou^e ren^ain in session after such hour, the Library shall remain open until the Hou.se adjourns. I u o X o ': « 4 u " K I M it. DurinLT *!"' Ilcct^ss of (lie I.c^islnliin', llio liilM'iUT sluill lie open cvcfy (liiy in cju'li wccU, Siin- ilays juul lu)liila>s cxct'ptcd, IVtim the liom- ol" ten in tlu> inornini^r nnlil i'onr in (li*^ tilttM-noon, imd ju'i'oss ((» t.lu» liihniry slmll Itc pcrmit.lcti to jicrsons intnxluccd l>y ii nnMnl>»>r nl' the Lfnisliiiurc or aduiidiMl ill tlu' tliscrt'tion ol" (1m« ( 'Icrk of Lilnariim, siilijcci (o sMi'li ri'ijulat ions as niav 1»»' drcnHMl ncccs- 10 snr\' Vol- (.lu> si'curilA' and pii'siTvation of ti colK't'tion. (). Ihnin^' tlio IJiH't'ss of tlic LcLjisInturc no nu-in- luT ol (lie House sliall In- at liluTly t.i liolTow oi lui\t' in liis |>(tss('ssi»>n at. any one linn", more •linn (lm>t* \V(»rks ol' llic lal'rary, or retain the sani' lor a loniiei" period than cne month. No lio(»l\s ol' rel- e)(MU'i' I'r liooks ot ^jierial cost or \alui' may he rmiox I d i'r(UM the Seat ol' ( !o\ crnnifnl under anv eireuuistanees. 7. At the lir>t niet'tin^- ol tlu- liihrai'y Conindt U'(> in eaeh Session of the l.ei^ishiture, tlu' Librarian shall report a list ol" liooision, speeih in^' the luimes ofany persoiis who laxc letaincd the ^auH> in eontraxfu- tion of any ol tlie I'ore^oini;- Ixide--. S. Uuriui;" the Keeess such li.ioks may he taken out of the LiUiary hy the Lieutenaid-dovernor, MenduMs o( Kxecntive, the Spt-aker and hepnty Heads ol' |)i»pai'f u\t'nts as mav l»e Ktpiii'ed liy them; and one volumt> at a tine." may he taken out by niembers o\' the ('i\ il SiMvlee and by >ueh other persons as may lu' nami-d to the bibraiian b\- a member of tlie liibrarv t'ouuuittee (U- Executive Council, and a receipt shall be i;iven to the Libra- rian by eaeli such person taking out a book. 9. The t'ollowiuLif shall be deemed Hooks ol' Ivef- erence : — All lH)oks in the Law hepartment, Dictionaries, KncycKipa'dias, Manuals, Directories, Archives, Ne\vsj>apers, Maps, Knoravings, Pam))ldot Volumes, Unbound Ma^'azines, and books whicli are valuable on account of their cost, rarity or antiquity. 10. .\ny poison wishing to obtain any book for peni;on shall remain le.sponsjhle loi- tho books. I I. 'i'he liiliiai Ian slinll exei'cis(» a, |)fopei(lis('i*inii- niition as to tlio (Iclivery of snch hooks as hct may jinl<;>' liahh^ t-o ho injiirecl. M;inns('cipts, rare m,ii(1 vii.lu!il>le hooks and plal(!s are exeliided from this iiile ; they will he shown oidy on special a,j»j)lien,ti(»n to the liihraiia.n and nndei- such rei^ulaXions as th(5 (;ir(MimstanL'(is of eacli case may in his jiid^'ment re(pni-e. 12 No pei'son, except the Lihrariaii or Ills assist- ants, shall he permit.teil to t,ak(! fi-om any cast; or shelf or replace therein or tlicreon, any hook, map, or other |)uitlii'ation. !.'{. No hook shall he ta,keii from I, he Lihi-ary until its title and the name of the pc^rson takioLC it ha\'(! heen ic^istered hy the Lihraiian, and a, i-eceipt muHt hi! i4iven hy the jx'i'son t,akinL( the hook. N(j pnhlie ollicter or other p(»rson piixilcLicd to draw l>ooks, shall ext(Mid the privileo(> to others, or take books from the bihrai'}' for the purpos*; of lojinii)^ tliem to othei's. 14. Any person takin;^ any hook, map, or other piihli(;atii)n iVom tho liihrary, shall h(> liable for all danuiL^tvs doiKi thoroto, whilt; in his or h(!i' posses sion, which damaj^rf. shall ho assessod hy tin; Librar- ian, any curd IVom till' Spi'ilkei' ol" till' lloilsr to lioiToW hoolvH IVom tlu' Lihrai y, shall Im> nllowcd (o liaA(! in his pi)ss(>ssi»)H iiKirc than nuo hook at any time, or to retain the siiinc loni^fff Ihan two wccUs, and all such persons shall return the Itoohs so taken when ret|uired l>y the hiltrarian. 17. All hooks on loan dinini;- th(5 i'< liitMiteiuint-lJovei'nor. .UimuIkm's oi' the Execu- tive and the Le^islafi\e Assendtly, the Speaker and the Deputy Head.-, of l)e|>artnients, shall he relurne!'or»> the openini;' of the House. Should the order not he coniplii>il with, tlie person .so olliMitliui;' shall lorleit all privileges to the liihrary. is. It' on notice to ;»ny person that the time for which any h(»ok has hcen drawn IVoni tlie Lihrary l>y such pei'stin lias (>\pired, or il' any pt'r.son shall ha\i> in his ov her possession any liook oi' other articK' Ix'lonLrinn- to the Lihrary, and shall nei^'lect to return such hook or other article to the liihrary for more than thi'ee days after sucli notice, .sucli poison shall he liiihl(> to pay for such hook or hooks a sum e(i|ual to tlu' vahu» of sucli hook or hooks or otlier article, which value shall he estimated at the cost o\' replacine- the same. 19 t)n Sundays duriuL!,- the Session, the Lihrary shall he opened to Memlu'rs only. '20. Smoking' or spitting- on the lloor or carj^et shall not be perniittctl in any of the Lihrary apart- ments. 21. A blank book shall be kept on a tabic or stand accessible to readers, in which may be entered the titles of any books which it may bt> deem.cu adyisable to procure for the use of the Library. ■^^biiiii&liiiaiBKt s7 TAIUJ-: OK IMUaiKDKNCK IN CANADA. >(] .'U .s Tlic f(»ll()\viii,n' olTiciul tal>l(! of pr(H'(Ml('iu!(i, for uso in ('imailii.vvfis trjinsmittrd l>y tin; '^Mumiu's ( 'oininaiKl to the ( Ji)V('nioi'-( Jciifnil ol' (/fuiada,, .liilv 2.*{roiiiini(>M ()/Jii;i(d 1. TIu' < lii\ ('i"iior-( JcMcrnI oi- ((IIIcci' admiiiisterin;;' tllO (»()V('«'lllll(!llt. 2. 'Pliii senior ollicial in connnand ol' tli(! Lroo[)s, it' ol' the raid< ol' ( JciKMal, and tlio ollicci in com- mand ol" llcr MajifHty's naval forces on IIk! station, it' ol' thi- j'a,nk ol' /\(linir;il tJieii own relative laidc l)(>.ini,f determined l*y the Queen's Uei^ndations vern()r- (Icrifral. A fJcneral or All- in i nil. Lieut.- ({(•ver- noFH. Arclibinh- opH and IlinliopB. Mf'inbers of Cabinet. Speaker of Hanate. Chief Juwtice of Supreme Court. Chief Judges. MernberB of Privy Council, General and Ad- miral serv- ing in Dominion or on Brit- irtli North American Station. Senior otti. cer of troopH and of the navy. E (A U 2 * 2u.J WOo. o w u O K m fi z> <.uHB«tcm«*aie^„ ^t>.^3.'u.\::,:..v : ■ 'n ■•iiii'sitit-vmmmiiii'', '•^(^■mvi'-¥'W!iimrf! 88 Forces on the Station, if of equivalent rank ; tlieir own relative rank being determined by the Queen's IiCj^ulations. 1 4. Members of the Senate. 15. Speaker of the Hou.se of Commons. 15a. Puisne Judges of the Supreme Court. Meinl)er8 of Senate. Siteftker H. of C. Puisne Judges Supreme Court. Puisne IG. Puisno Judges of the Courts of Law and orSrts Etiuity, according to seniority. of Law and E(iuity. Members 17, Members of the House of Commons. House of Commons . Executive 18. Members of the Executive Council (Provin- Couucil of cial), within their Province. Provmce. Speaker of 19 Speaker of tlie Leaislative Council, within Legisla- ' ^ tive Council. Members Legisla- tive Council. Speaker Legisla- tive Assembly. Members of Legis- lative Assembly. Revised Her Majesty approved of the adoption of revised rc^ula- regulations in respect to the style and title to be tions as to 1 ,,,,,,, "^ . "^ title. used by the lollowmg persons : The Governor-General of Canada to be styled " His Excellenc}'. ' The Lieutenant-Governor of the Province, to be styled " His Honour." The Privy Councillors of Canada to be styled " Honoui'able," and for life. his Province. 20. Members of the Leend)ly of Ontario, similar t'> one adopted in the Catuxdian Hou.se of Connnon.s, and a Rule of the Old Canadian Parliament, which sa}s that : " in all unpi'ovided cases, the rules, usages and forms of the United Kingdom of (beat IJritain and Ireland, as in force at the time shall he followed," evidently indicate a recogr.ition of diiSculties which cannot be proviiletl for in advance, and must be solved by the larger and wider experience of an older countrv. But it is advisable that, in as far as possible, the proceedings in any legislative body shall be tjovei-ned by itis own Practices and Prece- dents. In Ontario these are endjodied, to a consi- derable e.Ktent, in the Decisions of the Speakers, who, since Confederation, have occupied the chair of the Legislative Assembly. Easy reference to then), when points of order suddenly ari^e during debate, will add eminently to their value, and it has been deemed advisable, for that purpose, to collect them from the Journals over which they are scattered, and publish them in collected and readily accessible form. In the following pages, clo-^e adherence to the lan- guage of the Jouinals has been maintained where 0) u z sc ill o a S ( It o a o (0 bi -I 3 C 90 i Hon. J. Steven- son. A chantje of riiiniefl, liy Private IJillH Com- niittet!, in th.; I're- amble of a Trivato Bill, is in order. An Amend- ment, dif- fering in form, but identical in purijort with an Amend - m(;nt al- ready re- jected, cannot be enter- tained. tliouiiht necessurv for a cloaror elucidation of tho Docisioii, and in nearly every iti.stunco a full liistory of eaclj case uuiv i)e found. .lOHN STEVKNSON, Es(,.., Lonnox, was the iirst Speaker elected in the Lei;-islative Assemhlj', and was called to tha ( 'hair 27th Deceniher, 18(57. On loth FeltruiUT, IMGS (paj^e ')2 of Journals), he mive his tii>-t decision. A Private Bill was introduced for the incorpora- tion of the Erie and Niagara ilailway ('(jinpany, which was duly reported by the Connuittei^s on Standing' Orders and Hail ways, Mnd amended in the Railway Conuuittee, in the J'reanible, l>y a (thange of names of Promoters. Exc(4)tion was taken to these amendments as in excess of the prayer of tlie Petition on which it was based The Speaker decided : That as it was manil'est that the object of the Petitioners was to ol)tain authority to build a li;nlwiiy, the change of some of the names in the Preamble did not, in his opinion, require that the Bill sliould be referred back to the Committee on Standing Orders. On -l.')th November, ISGS (page .'U)), the second reading of Bill (No. 24), To alter the law of Dower, etc., was considered in Connnittee of the Whole, and reported with amendments. On motion for reception of Report, Mr. Blake moved, "that the Report be not now received, but tliat it be referred hack to Connnittee of the Whole, witl) instructions to amend tlie Bill by expunging so much thereof as destroys the right of Dower in cases in which Dower is by law recoverable." This wa.s put and lost, when Mr. Blake moved that the Report be referred back with instruction to amend the lUll by providing "that so much thereof as destroys the right of Dower, in cases in which Dower is now recoverable, shall not affect existing rights." Objection was taken by Attorney- General Macdonald that the amendment was identi- cal in purpose with the previous amendment already declai'ed lost, and couid not therefore be ])roperly received. Mr. Speaker decided : The latter amend- ment, although differing in construction, is identical tl '1 tl t' a I t ti a ti vr_?," f I 91 ill maUer with llic t'unuur, and cannot, thuiofore, I think, be received. On December 2iid, 1ted foi" fjjivin;;- efl'eet to the objects, and for exteii(liii<,'the o])eration of tlie Act, 1(5 Vict. ea|). 89, in the ostablishnuMit of a Provincial University, and tlie afliliationof (Alleges to be supported in connec- tion tlievewitl). In amcTKbnent it was moved : that all the words after "That" in the original resolu- tion lie stniek out and the following be insei'ted in lieu thereof: " WHule the House recogni/es the imporlance of educational interests it is .still of opinion (ms expressetl by the Act of last Session,) that no College 3r educfitional institution undei' the control of any Religious Denomination sliall receive aid from the Public Ti-easury." Objection was taken that the amendment contained matter irrelevant to thi' oi-iginal motion, and could not thej-e- fore be pro])erly received. The Speaker decided Jis follows: The amen ^ /J /a y /!^ iV -q^' ^^ '^'^^ ^.\ 'PkN ^ V ^ ^ r^^ ^^. f i 6^ 92 a The House decidea that when in Commit- tee of the Whole on a Bin, the first BPc- tion must b? first considered. A sec- tion of a Bill pro- viding for expendi- ture of public moneys in order if applying to charges to be pro- vided for in Supply, A.8 timber yields re- venue, no question a.s to the dis- posal of it can be en- tertained, without the recom- mendation of t'i - Lieuten- ant-! Gover- nor. fore, be properly received, and Mr, Speaker decided tiiat : The amendment is not in order and cannot be received. On 9th December, 18G8, (page 59), the tTomsg went into Committee on Bill (No. 88), To pi'ovide for the establisliment and gov< rnment of Central District Prisons, when Attorney-General Macdonald moved consideration of the second section of the Bill, Objection was taken by Mr. Blake to the considei'ation of the second section before the lirst section had been considered, contending that the Bill must be considered section by section as nura- bered. The Chairman ruled that the first section should be fir.^t considered. An appeal was made to Mr. Speaker, who decided : That the second section may be considered first. An appeal from the decision of the Speaker, was made and sustained by a vote of 315 to 29. The House went again into Com- mittee, when the Attorney-Ceneral moved ths con- sideration of the first section, and objection was then taken to its consideration as it involved the expenditure of money which had not been recom- mended by the Crown or considered in Committee of the Whole prior to the introduction of the Bill. The Chairman" decided that the consideration of the section was iu order, as applying to charges to be liereafter provided for by vote in Committee of Supply. On 11th December, 1868, (piges GG and 67). Mr. McDougall, moved : 1. That with a view to attract immigration into this Piovince it is expedient to provide, that, on and after the first day of April, imuiediately subsequent to settlement on any lot, the regulations of the Government having been complied with, the locatee of such lot should have the right to cut and dispose of the timber on it, free from any Governmental charges. 2. That the right to cut pine or timber berths during at least ten years, should, subject to the foi»e- ing resolution, be given to the license holders, under such charges for ground rent, duty, etc., and such other provisions as may be made by the Government of this Province. 93 Bill. 67). And objection liavinfj been taken by Hon. Attor- ney-Gcnenil Macdonakl, that the motion could not be entertained without the recommendation of the Lieutenant-Governor having been previously obtained, Mv. Speaker decided : That, as timber affords revenue, no qtiestion as to the disposal of the same can be entertained without the approval of the Lieutenant-Governor having been previously obtained. •• An appeal was made against the decision ot" Mr. Speaker, ami the Speaker's decision was sustained by a vote of 40 to 2.S. On 14th Dec, 1868 (page 67), it was moved that, in the opinion of the Hou^e, it is expedient that the Statutes enacted by this House be fui-nished, free of chai'ge, to all Magistrates who are duly qualified. Objection was taken by Attorney-General Macdonald that the motion, as it afl'ected revenue, could not be entertained. The Speaker decided that the motion was out of order. On 17th Dec, 1868 (page 73), Mr. Liuider moved a lengthy resolution of which the gist was that it is not expedient to issue a general order directing payment of arrears upon Crown Lands until a re- valuation is made. The Commissione'- of Crown Lands objected to the notice as affecting lievenue, and the Speaker reserved his decision. On 12th Jan., i869 (page 97), during a debate on a Resolution from Connuittee of Supi)ly, objection was taken by Mr. Ferguson to words spoken by Mr. Blake in debate, as not having reference to the Resolution before the House, and as therefore out of order. Mr. Speaker (leci MiigiH- tratcs re- garded as it a charge u on the , a Revenue. i s Motion 1 s seeking to ;. «t interfere Is with col- \^ lect; >:\ of Revenue It from Crown Lands objected to. An arrange- ment made by the House tanta- mount to A an order, J^ An indefi- r te Amend- ment, and one not conveying accurate I 94 n I'i IL instruc- tioiiM to a Com- niiitcc cannot hv Gntfi- tainod. Ar, Anit-ntl- ment .simi- lar in wording, but differ- ing in fact from one rejecti'd in order. No Peti- tion can be received praying for a grant not pre- viously recom- mended by the Crown. A Bill t'> Amend the On- tario Medical Act de claredtobe a Public Bill. A Bill to make the Bencher.s of the Law Society elective by the Bar thereof de- clared to convictions uncier said Bill to and before the Cliair- nuin of the Quartei' Sessions, as .set forth in section thirty-six." Ohjectioii was taken, and Mr. Speaker decided : 'I'hat the amendment is not in order, as be- ing" indefinite, and nut conve3dng accurate instruc- tions to the Coinuiittee as to the paiticular amend- ments to be made, and cannot therefore be enter- tained. Another amendment was proposed, reading : " By striking out all the words after ' Act ' in the fourth line to the word * may ' in the sixth line of the thirty-sixth section," and objection was taken, when the Speaker decided : That the amendment, althouofh similar in wordino", differs in fact from the previous motion, and is in order, and may therefore be entertained. Oi.> 9th Nov., 18()!J (page 14), objection was taken to the reception of a Petition from th'^ Huron and Ontario Ship Canal Company, inasnnich as it had no definite prayer, and sought, if anything, a grant from the Crown without previous reconnnendation from the Lieutenant-CJovernor. TlieSpeak^r decided as follows : This Petition canmjt he received, so long as the Rule of this House remains in force, whereby no Petition can be received jiraying for a grant not previously reconunended by the Crown. The decision was appealed against, but sustained by a vote of 40 to 13. On Sth Dec, 18G0 (page 81), the Order of the Day for the second reading of Bill (No. 97), to amend the Ontario Medical Act having be^n read, objection was taken that the Bill was of the nature of a Private Bill and re(iuired Notices. The Speaker reserved Ids decision, but on l.'ith Dec. (page 88), declared the Bill to be of a public nature : where- upon the Bill was read a second time, an5e, examined the notices of application for the said Act, the petition praying for aniendments and the Bill founded thereon, and tind that the Bill embraces amendments of which no notice was given to the parties interested therein, prior to the introduction of the said Bill, but, after consideration, recouv.^end that the Rules of the House, so far as they ati'ect the said amendments, be suspended. On 22nd March (page .S07) objection was taken to the Report of the Committee on Standing Order:,, and the Speaker decided: That the ' /der of the House to the Committee was, th: r ci. , Bill wa > to be referred back to the Conmnittee, with instructions to report to this House as to the propriety of the suspension of Rule No. 51, in respect to the sections added to the Bill by the Committee on Railways; and, the Committee, having strictly complied with the Order of the House, the Report is in order. prayed for in iietition JH nent back to Ci»m- niittee on Orders, and it ia recom- mended by the Com- mittee that with regjird to such amend- mentH, the Rules of the House be sus- pended. \ a y Q a o (0 RUPERT MEARSE WELLS, Esq., South Bruce, was elected Speaker 7th Jan., 1874. On 9th Jan., 1874 (pages 10, 12), an Amendment was moved to the fifth paragraph of the Address, which, while declaring the willingness of the House to consider a general incorporation Act for benevo- lent and other societies, expressed regret that two Bills for the incorporation of the Loyal Orange Association, pas.sed in the previous Session, had Hon. R. M. Wells. An Amend- ment sub- stantially the same as one already debated upan and 102 disposed of been reserved for the assent of the Governor-Gene- cannot be submitted. ral y An amendment to this proposed Amendment was moved which struck out all relative to the reservation of th«' Bill, and set forth, that we beg to assure your Excellency that in advisinj^ your Excel- lency's predecessor to reserve certain Bills for the special incorporation of Orange Societies for the signification of the pleasure of His Excelkncy the Governor-General, the Executive Council of this Province was justified by Constitutional usage. This was carried by a vote of 38 to 24. When the twelfth paragraph was read (page 12) an amend- ment was moved expressing regret that His Excel- lency was advised to reserve, for the consideration of His Excellency the Governor-General, two Bills passed by the House, after full discussion and due deliberation, for the incorporation of the Loyal Orange Association, " in place of advising His Excel lenc} to sanction the same, and leave to His Excellency the Governor-General the responsibility, under the constitution, of disallowing such Bills." Objection was taken to this amendment, and the Speaker decided : That the amendment, being sub- stantially the same as the motion made in amend- ment to the fifth paragraph of the Address, and which has already been debated by and decided on by the House, is out of order and cannot be enter- tained. On 14th January, 1874 (page 19), on a motion that a Petition of John Harris and others praying for a grant from the Public Treasury in aid of the St, _ Joseph's Hospital and Asylum at Guelph be now cam^ot be received and read, Mr. Speaker decided : That as the received. Petition asked for a grant of public money, without the consent from the Crown having been previoi sly obtained and announced to this House, the Petition could not be received. The Journals contain many instances of rejection of Petitions asking aid, but it will be unnecessary to quote them. Petitions of this character are fre- quently presented, but are not "read and received," so that their object is not stated in the Journals. They • ought to be addressed to His Honour the Lieu- tenant-Governor in Council, A Petition praying for a grant from the Public 103 On 4th February, 1874 (pa*#l u m u X z , m I An Amend- ment which de- clares aonie principle adverse to the meas- ure, or is otherwise opposed to its pro- fress, may e moved to the Third Keading of a Bill. It is in order for the House to refer to the Com- mittee on Standing Orders a Bill amended no Motion could not be moved upon an ALmendment. Mr. Cameron's objection must therefore prevail. A.lth(»ugh the decision of \lx. Speaker was not objected to by the House, the Practice of the Assembly, both before and since it was given, has been in direct opposition to it. As illustrations of this, see Journals for following years, and at pages specified : 1878, pages 145, 150, 151, 158, 158 ; 1879, pages 109, 184, 194, li)5, 197, 198 ; 1880, pages 139, 153,157; 1881, pages 155, 159; 1883, pages 119, 133; 1885, pages 137, 156, 157, 158; 1887, page 138; 1886, page 154; 1893, page 184. On 15th February, 1377 (page 14), on the Motion for Third Reading of Bill (No. 103), to give the right of voting to Farmers' Sons in certain cases, an Amendment was proposed to strike out all the words after the word "That" and to snbstituteothers, declaring that to confer the privilege of the fran- chise upon them, solely in right of their father's property, would be to confer special privileges upon them The question of order was raised that no Amendment could be moved to the Third Reading of a Bill except an Amendment relating to time. The House had ordered the Bill to be read the third time to-day, and no question touching the merits of the Bill could now be I'aisod. Mr. Speaker referred to May, page 487, and decided : That it is com- petent for any Member who desii'es to nlace on record any special reasons for not agreeing to the Second or Third Reading of a Bill, to move as an Amendment to the question a Resolution declara- tory of some principle adverse to or differing from the principle of the Bill, or otherwise opposed to its progress. There are numerous modern instances of such amendments, therefore the Amendment is in order On 19th February, 1877 (page 149), on the Order of the Day for the House to resolve itself into a Committee on Bill (No. 53), respecting the Street Railway Con)pany, the Hon. Mr. Fraser took objec- tion to the Bill as containinor conditions in exce.ss of the original notices, and asked Mr Speaker to refer the Bill back to the Committee on Standing Orders, Ill for the pur])0.se of reporting as to the sufficiency of the notice. The Speaker doubted whether he had power to make an arbitrary order of that sort. But, even if his power were undoubted, he would liesitate to exercise it at this late period of the Ses- sion, unless forced upon him by clear and distinct authority. He should prefer to follow the course adopted in a case which is reported in the Journals of Canada, 1865 (page 242); where, upon a similar objection being taken, it was, by diiection of the Speaker, moved as an Amendment : That the Bill be referred back to the Connnittee on Standing Orders, with instructions to report, etc. That is also the course adopted in many other cases reported in the Journals. In this way the matter is fully discussed and the House has no rlifficulty in arriv- ing at an intelligent decision. It is open to any Member to make a similar Motion ii> the present case by way of Amendment to the Motion which has been put from the Chaii'. An Amendnient to the effect suggested was put and lost. On 22nige 104), an amendment was moved for the purpose of reconnnitting a Resolution with instructions to leduce the salary of the Superintendent of Industries. The Speaker decided that the motion was not in order Hon. Charles Clarke. The ad- visers of His Honour the Lieuten- ant-Gover- nor are re- sponsible for communi- cations from him respecting' matters of Supply. CHARLES CLARKb:, Esq., Centre Wellington, was elected Speaker, 7tb Jan., 1880. On 27tb February, 1880(page 1 11), on a motion for Committee of Supply, it was moved in auiendment that the followinjx wor>ls be added to the main motion : '' And this House, desiring to comply with the expressed wish of His Honoui- the Lieutenant- Governor in that liehalf, directs the Committee of Supply to reduce the proposed item of $5,571.22, for the payment re visit of His Honour to the North- west, etc., by the sum of three hundred and fifty dollars, which last mentioned sum appears to be more than sufficient to cover any of the said expenses that might be consideied personal." Mr. Morris objected to the proposed amendment as being irregular, in that it referred to an expressed wish of His Honour, the Lieutenant-Governor, made to the House in a private letter, whereas any such communication should have been made throuirh a 115 respdnsiblo Minister of the Crown, and recorded on the -Journals oi: the House. The Attorney-Genend, by coninumd of the Lieutenant-Governor, informed the House tliat the Lieutenant-Governor desires that the Connnittee of Supply do reduce the proposed item of supply of $5,571.22, for tlie payment of tlie expenses of His Honour's visit to the North-west, by tlio sum of three hundred and fifty dollars, which amount His Honour transmits to cover what uught be considered as personal expenses. The Speaker, havin<^ been referred to, deciiled : That, iniisuincli as the Attorney-General had stated in his iilace thnt the responsibility of the coni- municiition from His Honour had been assumed by his advisers, the objection could not be entertained. On loth Jan., lAS-S (pajre 41), the Order of the Day tor the S('conh Public Creameries, having been read, objection was taken that the Bill involved the ex[)enditure of public money, and required tlie previous assent of His ILonour, and the Speaker res(!rved ids decision. On the I7th Jan. (l)aLje 5S), he gave the following decision: Objection has been taken to the second reading of this Bill on the ground that it involves the expenditure of public money, and ought to have received the previous assent of His Honour. It is undoubtedly the practice for all Bills directly imposing a charge upon the people to originate in a Committee of the Whole House, and that no such charge shall be proposed without the expressed sanction of the Crown, but it has been e([ually the practice here, anil in the Imperial Parliament to take ini^/iatory steps towards expenditure, and not involving actual exj)enditure, upon the responsibility of a Minister of the Crown, without direct and specific con- currence of the Crown being expressed by message. In 1«G8, a Bill was introduced in this Legislature by the Hon. J. S. Macdonald, then Attorney- General, providing for the establishment of Central District Prisons, and, when in Committee, objection was taken by Mr. E. Blake to the tirst section. A Bill making no (leKnite iippnipri- ation of or chargeB upon any part of tlie public revenue may be read a second time, with- out a recom- mendation from the Crown, but if in its progress through the blouse it is sought to make a specitio charge upon the people, such charge must be recom- mended in the usual way. 1 I I I i X w o K O u ^ 'T I/) u -I 3 a I 116 giving power to the Licitenant-Governor to pur- chase and ac(iniro lands, and erect two or more l)uildingH to he known as Central Prisons, inasmuch as it liad not heen hasedon resolutions reconinicnde*! hy His Honour the Lieutenant-(«overnor. Tlio objection was overruled hy the (^*hairnian, as the first section applied to charLjes to he thereafter provided hy a Connuittec ct' Su})ply, and Mr. Blake did not appeal from the decision. The Bill was ultimately ahandoned, hut reintroduced in the sanui Parliament in liS70-l, without precedent resolutions, an'! passed without renewal of the ohjections originally taken. In the Imperial Pailiament,, on 2nd March, 18G.J, Mr. Cowper, a Member of ihe Government, moved for leave to bring in a Bill to enable the Commissioner of Her Majesty's Works and Public Buildings to ac(iuire additional lands for improving the site ot" the new public offices in Downing Street, and the approaches thereto, when Mr. Lygon submitted as a point of order that this was a Bill which should be originated in Committee of the Whole House. Mr, Cowper said that the Bill was of exactly the .sr.me character as five or six' Acts which were upon the Statute Books, all of which had been introduced in the same manner, and which indeed could not, by the Rules of the House, have been introduced in any other way. Mr. Speaker said that the Bill was to enable the Government to take ground for certain purposes. It di*^ not give them the power to purchase the propercy ; the funds for that pur- pose should be voted afterwards in Conunittee of the Whole House. There was, therefore, no question of order. Referring to the Rules of this House, I find that Rule 98 provides that if any motion shall be made for any public aid or charge upon the people, it shall be referred to Committee of the Whole House before any vote of the House does pass thereupon, and by the 54th section of 'The British North America Act ' it is provided that the House shall not pass any Bill for the appropriation of any part of the public revenue to any purpose that has not 117 first been recoiniiicinletl l>y a lues.saj^fo in the Session in which siirh Bill is propose*!. The 9.'ir(l Rule, which deals with motions exclusively, I rejraid as iuapplicdlile to the Bill, and the ol-th section of the K N. A. Act cannot he held aw fatal to the second reading,' of a nuiasure which, in its present form, makes no definite a])propriation of or chari^jes upon any part of the pul)lic revenue. But if, in the further proi^ress of the Bill throuf,dj the House, it .seeks to impose a specific cliar^e upon the people, through a di.stinct appropriation of j)ul»lic moneys, such chan^^es in it can be niade only after a recom- mendation of the expen /--(I • • II nouseuur- upon farmers sons. (Jbjeetion was taken, ami thein(?the Speaker decided: That the proposition contained ?*'"'? in the amendment, ueinjr in substance, it not in out of or- preeise foi'm, the same as alieady passed upon by ^«''"- this House, dui'inif the present Session, cannot now be submitted to this House, and is therefore out of order. Objection was taken to the decision of Mr. Speaker, and the satne, being submitted to the House, he was sustained by a vote of 49 to 25. Mr. Meredith then proposed to strike out all the The House words after the word " That," and insert tlie fol- J),*^j.'i^j^J; lowing in lieu thereof: "The policy of the law is » consider- to exempt from taxation for municipal purposes ^^'««^**'"- 1 1 i»4/\rv ii t I 1 L' sion or the incomes below JJ5400 ; that large numbers ot per- franchise sons, particulai ly among the young men and of the is ejpeci- industrial portion of the people, who are by their |ect upon intelligence and otherwise justly entitled to vote at which the O J K U a z 118 V people Parliamentary elections, are, by reason of the exist- be on*" ^"^^ ^^ ^^^ property qualification re(juired, by law, suited in a excluded from the exercise of the franchise unless coming ^s income franchise votei-s ; that the existinof law ©Ifiction • any propo- which requires persons in receipt of incomes to sition to waive their exemption from taxation in respect of now admit , . , '■ i-li j.i i. ii r u- large num- sucii mcomes to entitle tnein to the iranchise, bersof per- irrnores the true principle upon which the income franchise ^'"^"chi so rests, and excludes from the lienoHts of cannot be the franchise ahnost the whole of those whom it was tained. ^^^*^ ostensible object of the Act creating the income franchise vote to invest with it, and is tluMcfore unjust, and ought, so far as relates to Parliamen- tary elections, to be changed, and to that end, that the said l)ill be not now read the third time, but be forthwith referred back to the Committee of the Whole House, with instructions to amend the sanie, by repealing, so far as the same relates to Parlia- mentary elections, the provisions of the law re(|uir- Mng persons otherwise qualitied to vote in respect of income, to be rated for income exempt from taxa- tion, and to pay taxes upon such income in order to entitle them to vote in re>pect of income. Objection was taken to the amen(bncnt, and the Speaker decided : That inasmuch as this House has declared dtiring the present Session* that a con- siderable extension of th.e franchise is especially a subject upon wliich the people ought lo be con- sulted, and that the approaching general election will otter an opportunity for so consulting and ascer taining the wish of the people, any proposition to admit large numbers of persons to the franchise, as proposed in the amendment, cannot be now enter- tained, and that this pro|)osed amendment is there- fore out of order. The Speaker's decision was appealed against, and sustained by a vote of 47 to 25. An amendment was then moved that " the said Bill be not now read the third time, but be forth- with referred back to the Committee of the Whole House, with instructions to amend the same by reducing the qualitication of income franchise voters in cities, towns and vill iges to three hundred dol- A queH- tion al- ready de- cided can- not be again put. 119 lars, and in townships to two hundred dollars." Objection was taken, and the Speaker decided : That tlie amenchnent was out of order on the ground that the question involved had been already decided upon by the House.* On 14th Feb., lcSS'4 (page 66), it was moved, "That by reason of the incurable mental condition of the Honourable Adam Crooks, Member-elect for the South Riding of the County <>f Oxford, as stated in the Keport of the Connnittee on Privi- leges and Elections, this day presented to and adopted by this House, the representation of the said Riding in thifc House is hereby declared to be vacant, and that a new Writ roper cliecks and safeguards, giv« the right to vote to all classes who can fairly and reasonably claim to be end(»wed 'herewith. o a o in Ul 3 a: H bl Q 120 m K V y A proposal to lay a paper up- on the Table of the House and that it be now read, de- clared ir- regular. An amend- ment to an Amend- ment, add ing words to the Amend ■ ment, hav- ing been put and carried, a motion to strike out the first part of the Amend- ment as amended is out of order. tions had reported the facts to the House, and he was of the opinion, therefore, that no notice of motion was required. Mr. Morris then raised the follosvins: furtlier point of order : — Whether the Report of the Committee on Privi- leges and Elections, in tlie CMse in (juestion, should not have been printed and placed in the hands of Mem' ei's for their information before motion was made for the issue ol a new Writ? The Speaker ^^/^^^ proposed in Committee, and objected to because no X 4'^ H U a 122 Notice had been given as required by Ride 72 The Chairman of the Committee, Mr. Baxter, being appealed to, decided that the proposed aiiendment was out of order. An appeal from his decision was taken, and the Speaker decided : That the proposed amendment, being an important and distinct amend- ment, of which no notice had been given, was out of order, and that he sustained the ruling of the Chairman. f -if*-- . ' U Hon. Jacob Baxter. The House having amendf'd an Amend- ment and passed the original Motion as amended, no further Amend- ment in- volving non-con- currence can be put. JACOB BAXTER, Esq., Haldimand, appointed Speaker, 10th February, 1887. On 8th March, 1888 (pnge 97), the Order of the Day for resuming, the adjourned debate on the Con- currence Resolutions respecting amendments in the British North AmericaAct was read, and it was moved in amendment, that all the words in the Motion after the first " That " be struck out and the follow- ing sidxstituted .• " The proposed plan of dealing with the constitution of the Senate of Canada does not afford a satisfactory solution of the objections urged to that body as it now exists under the pro- visions of the British North America Act." It was moved in amendment to the Amendment, that all after the first wo'd "That" in the Amend- ment be omitted, and there be inserted instead thereof, the following : " there be added to the ori- ginal-Motion these words: 'and that an humble address be presented to His Honour the Lieutenant- Governor, requesting him to communicate to His Excellency the Governor-General, and to the Secre- tary of State for Canada, the concurrence of this House in the said Resolution ' " And the amendment to the Amendment having been put was carried, and the original Motion as ameiKJed wa'^ also carried. Mr. Meredith rose to a point of order, and in- quired of Mr. Speaker whether or not the amend- ment to the proposed Amendment, as carried, precluded any further motion to amend the Resolu- tion ? The Speaker decided : That as the House by the words added to the main Motion had expressed con- 123 An Amend- ment of similar character, yet going ruither than the original Motion, is in order. ciirrence in the Resolutions, no such further amend- ment declaring, or by its terms involving, non-con- currence of the House in the said Resolutions could be proposed. On 20th March, 1889 (page 140), the Order of the Day for the House to resolve itself into Committee to consider certain proposed Resolutions respecting Aid to Railways was read, and it was moved that " Mr. Speaker do now leave the Cliair." It was moved in amendment that all the words after the word " That " be struck out, and the following substituted: "This House regrets that in opening the question of aiding out of Provincial funds the building of railways, a more just, e(|uitable and satisfacto)-y scheme had not been submitted for its consideration." After several amendments to this proposition had been voted down, it was moved in amendment to the proposed Amendment: That all the words after the first word "That" be omitted, and instead thereof there be inserted these vords : "All words of the original question after the word " That " be struck out, and instead thereof the fol- lowing be inserted: This House while approving of a reasonable amount of Provincial aid beiiiij given to needful and deserving colonization railways within this Province, do forthwith resolve itself into a Committee to consider Resolutions relating to Railway Aid heretofore ordei'ed to be considered in coipmittee of the Whole House, and that Mr Speaker do accordingly now . leave the Chair." Objection was taken to the proposed amendment to the Amendment, in that it only affirmed the original Motion, and nothing more. Mr. Speaker decided : That as tlie amendment was fi'amed, it proposed to go much further than the original Motion, and was, therefore, fully in order. THOMAS BALLANTYNE, Esq., elected Speaker Hon. T. nth February, 1891. "^t^nT" 1st April, 1891 (page 6'i), in the matter of the Petition of Archibald Mclvellar, of Hamilton, wliich u : o 8 m i C f 11- t^ A petition cannut be read at I(>ngth on prenenta- tion, un- lesH by common consent, but iH rend at length by the Clerk at the Tivble, two days after presenta- tion, if desired. Concur- rence in the Keport of a Special or Stand- ing Com- mittee must be moved if it makes recom- menda- tions. If no special recom- menda- tions are made, and no mem- ber objects when it is presented, it is re- garded as concurred in. 124 Mr. Wood (Hastinors) had desired read on aprevioiiH day, and to the reading of wliich objection had been taken as irregular. The Speaker decided: Incase of the Petition in (juestion, an objection having been taken, and there liiiving been no motion n)a, the honourable meiiiher from Loudon, on Monday last, calhid my attention to the fact that, on the 2.Srd July last, Mr. Atkinson, member for Bost(m in the British House of C'ommons, attempted to read a Pt^tition which he presented to that body. Although Mi'. Atkinson was prevented by Mr. Speakes" from proceeding beyond the presentation (-f the Petition, it was ri^ad by the Clerk of the House, no opposition to such readinji' having been made. The unanimous consent of the House in this rea'ling did not imply the existence of tlie right of any member to a com- pliance with his deuuind for such reading. Like the irrejjula" introduction of a Bill or a Motion, it was done by"conunon consent." In this particu- lar, Cana(baii Legislatures follow the practice of Great Britain, and the ruling made by me on Lst April, last Session, is in strict accordance with the rules and action of the Bri'^ish House of Counnons. Bourinot says : " A member presenting a Peti- tion has no right himself to read it at length, but he may have it done by the Clerk at the Table, with the consent of the House. Petitions may be at once read and received by common consent, chiefly in order to refer them to a Committee ; if a mem- ber objects, it cannot be done." "Previous to 1885," says Bourinot, "a very loose practice existed with respect to the reading of Peti- tions, when required by a member, but in that year it was decided that the consent ot the House was necessary, in accordance with the English rule, which is the same literally as the Canadian Rule 86." a u o cc O Q Z *x ID 111 -I It 120 "11 ^; On the 16th of May, lS8o, a discussion arose in the Dominion House of Commons on an attempt on the part of Mr. Ciiarlton to r^^a'l ilie allegations of a Petition. Mr. Speaker dt dared it irre 127 On 25th May, 189li, it was moved, That this House do now concur in the lieport of Concur- the Standin rder to insert or addothern; or to insert or add certain words. th to Lit certain members, declared by the Judges not r«c«P'i"" have been duly elected, had taken the oath and monta their seats ; and that the reports of the Judges hav- until elec- ing been sent to the Clerk, it was his duty to lay speaker, the reports before the House at the earliest practi- cable opportunity, the Clerk being, for the purposes of the Act, the .Speaker. The Clerk, being referred to, said, That the Clerk of the Ci'own in Chancery had handed him a roll containing the names of the members duly returned to the present Parliament, and that the members so - . named havinjx taken the oath and subscribed the kl Q ir o Q a ki -1 D It X Ul z m 130 roll before him, ho, as Clerk of tlio House, could not presume to tjuestion the fact of their right to take their seats. That he was of opinion that it was not competent for him to lay any papers on the Table, His Excellency having informed the Houre that he would not declare the causes of his calling the Par- liaivient together until a Speaker had been elected, and, until the orders of His Excellency have been obeyed, the House would not be properly consti- tuted, so that it would be practicable to lay the reports on the table. f/j / I ilia RULES, ORDERS, AND FORMS OF PROCEEDING OF LEGISLATIVE ASSEMBLY OF ONTARIO. I. — RkQULATION and MaNAOEMENT of the HotJflE. 1. The time for the Ordinary Meeting of tlio House is at Three o'clock in the afternoon of each Hitting day ; and if at that hour there be not n Quorum, the 8i)oaker may take the Chair and adjourn. Wlien the House rises on Friday, it shall stand adjourned, unlesr otliorwiso ordered, until the following Monday. 2. Hat the hour of nix o'clock p.ni , the Business of the Day be not c jiicluded, the Speaker shall leave the Chair until half past seven. 3. When the House adjourns, the Members shall keep their seat* until tlie Speaker has left the Chair. 4. The preson o of at least Twenty Members I'f the House, includ- ing the Speaker, shall be necessary to constitute a meeting <»f the House for the exercise of its powers. 5. Whenever th« Speaker shall adjourn the House for want of a quorum, the time of the adjournment, and the names of the Members then present, shall be inserted in the Journal. 0. Any Stranger .admitted to any part of the House or Gallery who Bhall misconduct himself, or shall not withdraw when Strangers are directed to withdraw, while the Hou«o or any ■ oinmittee of the Whole House is sitting, shall be taken into custody by the Sergeant- at- > rms ; and no person so taken into custody is to be discharged without the special Order of the House. 7. Any Five Memliers may require the House to be cleared of Strangers, and the Speaker shall iiumediately give directions to the Sergeant-at-Arms to execute the Order without debate. 8. The Speaker shaU pre.'-erve Order and Decorum, and shall decide questions of Order, subj-ct to an appeal to the House ; in expl.-nning a point of Order or Piactice, ho shall st.ite the Rule or Authority applic/ible to the ca«B. 9. The Speaker shall not take part in any Debate before the House. In case of an eijuality of Votes, the Speaker gives a casting Voice, an I any ron-r^ns stated by him are to be entered in the Journal. I/) X u Q C o Q z V) bJ -J 3 a o At ' r im 132 II. — Rui.EH ov Drhatk. 10. Fivory Momhor tioHiring to spixik iH to riso in liis plaoo, uiicovoiod, and HtldroBH hiniHolf to tlio Spciikor. 11. Wlion two or iiioro Mombors riso to npoiik, the Kpoiikur chUh upon Iho Momlicr who roHO lifHt in his phuio ; hut n motion may he niado that any Momhor who has risen " ho now lioard " or "do now ■peak." 12. A Momhor oaUod to Ordor shall sit down, but may aftorwards exi)lain. Tho Houso, if appoahul to, shiill dooido on tho case, but without dohato. If tiioro ho no appeal, the decision of the Chair shall bo tinal. 13. No Momhor shall spoak disrespootfully of Her Majesty, nor of M\y of tha lloyal Kanuly, nor of tho (»ovornor, or person administering the (Jovernmont of t'anathi, nor of tho Lieutonant-dovornor of this Province ; nor shall he use oflensivo words against any Member of the House ; nor shall ho spoak beside the Question in Debate. No Mem- ber may retloct upon a"iy Vote of the House, e.\cept for the purpose of moving that such a Vote bo rescinded. 14. Any Member may roijuiro the Question under discussion to be read at any time of the Debate, but not so a« to interrupt a Member while speaking. 15. No Member may speak twice to a Question, except in explana- tion of a material part of his speech in which he may have been niia- oonooived, but then he is not to introduce n\i\v matter. A reply is allowed to a Member who has made a substantive Motion to the House, but not to any Member who has moved an Order of tho Day, an Amendiuent, tlio Previous Question, or an Instruction to a Oom- inittee. ' III. — OONOUCT OF MeMHKRS. 16. No Moiubor is entitled to vote up >a any Question in which he has a direct pojuuiary interest, and the vote of any Member so interested shall be disallowed. 17. When the Speaker is putting a Question, no Member shall walk out of or across the House, or make any noise or disturbance ; and when a ^loinber is speaking, no Mend)or shall interrupt him except to a Question of Order, nor pass between him and the Chair ; and no Member mvy pass between tho Chair and the Table, nor between the Chair and the Mace, when the Mace has been taken off the Table by the Sergeant. 18. Every Member is bound to attend the service of the House, unless leave of absence has been given him by the House. 133 IV. — liUHINESH OK TIIK TIol'HK. liontinc JJuitliirHS. 1». Tho onliimry daily Uoutino of busineHs of tho Houbo sliall be as folloWH : Pri'HentinK Pctitiojis. Koiuliiij^ (iiid Ruui'iviiif,' I'otitioiiH. I'romuitiiif,' JtojjortH of t^fcaiiding ivnd yoloct Coinmittees. MotiitiiH. Tho Order of BihIuohh for tho coiiHidorHtion of tho House, day by day, after tho above Daily Routine, shall be as follows :— MONDAY. Private Hills. (^uo.stions put by Meuibors. NotitH'H of Motions. Pulilio Bills and Orders. irK.SIiAV. (Jovernniont Notices of Motions, (lovoriinient OrderH. Public Bills and Orders. Questions Put by Members. Other Notices of Motions. Private Bills. VVEDNE.SDAY. (Until the hour of six o'clock p.m.) Questions Put by Members. Notices of Motions. Public Bills and Orders. (From half-past seven o'c'ock p.m.) (For the first hour) Private Bills. Public Bills and Orders. Private Bills. Government Notices of Motions. Government Orders. THURSDAY, Government Notices of Motions. Government Orders. « Public Bills and Orders. Questions Put by Members. Other Notices of Motions. Private Bills. FRIDAY. (Until the hour of six o'clock p.m.) Questions Put by Members. Notices of Motions. Public Bills and Orders. ,3M .if' ' Ml 134 (From half- past seven p.m.) (For the first hour) Private Bills. Public Bills and Orders. Private Bills. Government Notices of Motions. Government Orders. 20. Orders for the Day for the Third Reading of Bills shall take precedence of all other Ordt rs for the same day, except Government Orders, or Orders to which the House has given priority. 21. Bills reported from Committees of the Whole House, with amendments, shall be placed on the Or.lers of the Day for considera- tion by the House next after Third Readings. 22. Bills reported, after Second Reading, from any Standing or Select Committee, shall be placed on the Orders of the Day following the reception of the Report, for reference to a Committee of the Whole House in their proper order, next after Bills reported from Committee of the Whole House. 23. All items standin r on the Orders of the Day shall be taken up according to the precedence assigned to each on the Order Book ; the right being reserved to the Administration of taking up Government Orders, in such rotation as they see fit, on the days on which Govern- ment Bills have precedence . 24. Items not taken up when called shall be dropped. Dropped Orders shall be set down in the Order Book, after the Orders of the Day, for the next day on which the House shall sit. 25. All Orders undisposed of at the adjournment of the House shall be postponed until the next Sitting Day, without a motio v to that eflfect, 26. If at the hour of six p.m. on a Wednesday or Friday, a Motion on the Notice Paper be under consideration, that (juestion will stand first on the Orders of that evening, after the hour assigned t » Privatij Bills has elapsed. 27. If, at the time of the adjournment of the House, a Motion on the Notice Paper be under consideration, that question shall stand first on the Orders of the following day, next after Orders to which a special precedence has been assigned by Rule or Order of the House. 28. A Motion for Reading the Orders of the Day shall have prefer- ence of any Motion before the House. Questions put by Members. » 29. Questions may be put to Ministers of the Crow a relating to Public Affairs ; and to other Members relating to any Bill, Motion or other public matter connected with the business of the House, in wh.ch such Members may be concerned, — but, in putting any such question, no argument or opinion is to be offered, nor any fact stated ; and, in answerini< any such question, a Member is not to debate the matter to which the same refers. 135 prefer- Mutiuns and Questions. 30. A Motion to adjourn the House or the Debate, shall always be in order ; but no Membor shall speak to such Motion for more than ten minutes ; and no second motion to the same effect shall be made until after some intermediate proceedinji; shall have been had. 31. Two days' notice shall be given of a Motion for leave to present a Bill, Resolution, or Address; for the appointment of any Committee ; or for the putting of a Question ; but this Rule shall not apply to Bills after their iutroduciion, or to I'rivate Bills, or to the times of the meeting, or Adjourn\aont of the House ; such Notice to be laid on the Tal)le before five o'clock i).m., and to be printed in the Votes and Proceedings of that day. 32. A Motion may be made, by unanimous consent of the House, without previous notice. 33. All Mot ons 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 Speaker before debate. 34. A Member who has made a Motion may withdraw the same by leave of the House ; such leave being granted without any negative voice. 35. The Previous Question, until it is decided, shall preclude all amendment of the Main Question, and shall be in the following words : '•'I hat this Question be hoh: put." If the Previous Question be resolved iu the aftimative, ihe ()ri>^inal Question is to be put forthwith, without any amendment or debate. 3(i. A M tion to commit a Bill, or Question, until decided, shall preclude ail amendment of the M lin Question. 37. Whenever the Speaker is of opinion that a Motion offered to the House is contrary to the Rules and Privileges of Parliament, he shall ap])iiHe the House thereof immediately, before putting the Ques- tion thereon, and quote the Uule or Authority applicable to the case. Privilege. 3S. Whenever any matter of Privilege arises, it shall be taken into consideration immediately. Votes and Proceedings. 39. A copy of the Votes and Proceedings of the House, certified by the Clerk, sliall bo delivered each day to the Lieutenant-Governor. Proceedings on Bills. 40. Every Bill shall be introduced u|)on Motion for leave, specifying the Title o.^ the Bill, or upon Motion to appoint a Committee to pre- pare and bring it in. 41. No Bill may be introduced either in blank or in an imperfect shape. / U o iiii 130 42. When any Rill shall be piosentecl hy ii Moinhor, in pufBiiance of an Onh'r of the Hohhc, the (i)uosti()n, " That this IJill be ii eded with unlil that mark has been lemoved and the word PRIN I'ED sub- stituted iiSi(jitifiiiii(i tlitit the Hill Jmti bei'ii rc-pthdt'd and dUtrilndt^d.) 45. Every Bill shall receive three several readings, on dillVrent days, j)revioiisly to being passed. On urgent o extradrdinaiy occa- sions, a Bill may be read twice or thrice, or advanced tw<. or more stages in one day. 4(i. WJK'ii a Bill is read in the House, the Cleik shall certify upon it the Readings, and the time thereof. After it has passed, he shall certify the same, with the date at the foot of the Bill. 47. Every Public Bill sliall be read twice in the House before com- mittal or amendment. 48. In proceedings in Committee of the Whole House apon Bills, the Preamble shall be first j)ostponed, and then every clause considered by the Committee in its proper order, the Preamble and Title to be last considered. 49. All aniendments made in Committee shall be reported by the Chairman to the House which shall receive the same forthwith. After Report, the Bill shall be open tc debate and amendment, before it is ordered for a Third Reading. But when a Bill is reported without amendment, it is forthwith ordered to be read a Thin! time, at such time as may be appointed by the House. 50. It shall be the duty of the Law Clerk of the House to revise all Bills after their First Reading, and to certify thereon that the same are coi'rect ; and in every subseipient stage of such Bills the Law Clerk shall be responsible for the correctness of Bills, should they be amended. And he shall i)repare a Breviat of every Bill previous to the Second Reading therecif. Pi'ivate BUIh. 51. No petition for any Private Bill is received by the H(juse after the firat ten days of each Session ; nor may any Private Bill be pre- sented to the House after the first seventeen days of each Session ; nor may any report of any Standing or Select Committee upon a Private Bill be received after the first thirty days of each Session. And no Motion for the general suspension or modification of this Rule shall be entertained by the House, unless after reference made thereof, at a previous Sitting of the House, to the several Standing Committees charged with consideratiim of Private Bills, or upon report submitted by two or more of such Committees. iiuuico of )!• road a 11 printed Drders of )if((l and Whole ^-printed i Hill haa r.s I f tho iroC' I'ded PEU sub- hiited.) tliflVrent i.iry ocoa- - or more lify upon , he shall fore com- )oii Bills, Diisidered itlo to be !d by the After tore it is without at such revise all the same the Law d they be •evious to use after 1 be pre- Session ; upon a Session. tluH Rule ! thereof, uiniitteea ibmitted 52. The Clerk of the House shall, duriii<; each rect as of Parliament, liublish wiokly in the OnUnlo (hc.iih' tho followiuLj Kuh'S ro!»j)ecting Notices of intended applications for Private Hills ; and shall also, immediately after the issue of the I roclamation conveiiinj; Parliament for till! Despatch of liusiness. publish in the Ontaiio (inzcltf, until the openinj^ of Parliament, tlie day on which the time limited for receivint^ petitions for • rivate Hills will exjjire, pursuant to the fore- going^ llule ; and the Clerk shall also announce, by Nf any particular Trade or Calling, or of any .Joint Stock Company ; «)r otherwise for granting to any individual or individuals anj' exclusive or peculiar i-ights or privileges whatever, or for doing any matter or thing which in its operatii n would allcct the rights or i)roperty of r>ther j)artie8, or relate to any laiticii'ar class of the community ; or for making any aniHudments < t a like nature to any former Act, — shallre(|uire a Notice, clearly and distinctly specify- ing the nature and ol>ject of the application, and, where the tipplica- tion refers to any proposed work, indicating genersilly the lo( ation of the woik, and signed by or on behalf of the applicants, — such Notice to be published as follows, viz : — A Notice inserted in the Ontario Gazette, and in one Newspaper published in the County, or Union of Counties, aflfected, or if there be no Newspaper published therein, then in a Newspaper in the next nearest County in which a Newspaper is published. Such Notice shall be continued in each case for a period of at least six weeks, during the interval of time between 'he close of the next preceding Session, and the consideration of the Petition ; and copies of such Notice shall be sent by tho parties inserting such Notice to the Clerk of the House, to be tiled in the Standing Orders Committee- rooms. And wit/hin two weeks from the first appearance of such Notice in the Ontario Gazette, a copy of said Bill, with the sum of one hundred dollars, shall be placed by the applicant in the hands of the Clerk of the House, whose duty it shall be to get tho said Bill printed forthwith, 54. Before any Petition praying for leave to bring in a Private Bill for the erection of a Tell bridge is received by the House, the erson or persons intending to jjctition for such Bill shall, upon giving the Notice prescribed by the preceding Rule, also at the same time and in the same manner, give notice of the rates which they intend to ask, the extent of the privilege, the height of the arches, tho iwieival between the abutments or piers for the passage of rafts and vessels, and mentioning also whether they intend to erect a drawbridge or not, and the dimensions of the same. Ill K lit a z 138 65. Before any petition praying for leave to briiiij; in a Hill for tlie OonBtruotion of liailways, TrainwayB, or Canals, \n received by the Honao, tlie jjorsnn or porsoriH petitioning for such Bill ahall deposit with the Clerk the following (locuinents : — (1) A Map or Plan npon a scale of not leFs than half an inch to the mile, showing the location upon which it is intended to construct the proposed work, and showing aho the lines of existing or authorized works of a similar cluiractor within, or in any way alFecting the district or any part tlieroof whiih the proitosod woik Ih intended to servo. Such maj) or plan to be signed by the Engineer or other party nuiking the same. (2) A Bo«»k of Ri;foronce, in which ahall bo clearly set out the follow- ing information, in separate Schedules, namely : Scliedulo A. — The name of each Municipality within which the pro- posed works, or any j)ait thereof, are intended to be constructed ; the population of each such Muiiicipalit^y. as leturned by the next j)reccdnig ci nsus ; tlui ratable value of the ])roporty within each such Municipality, as returned by the next preceding assessment rolls thereof ; and this Si-hedule may contain in a separate statement similar information as to the adjoining districts intended to bo served by the pn)i)o8ed work. Schedule B. — A general description of the nature, extent and proposed character of tlie contemplated works, and an estimate of the pro- bable cost tlu'reof, distinguishing the general items of construction, and the costs thereof lespectivtly, as well as the naturo, extent and probable cost of idl iiigine and car st- ck, or otlic outlit or e(|uip- ment necessary to the use and ojier-ition of the pri posed undertaking, such Schedule to be signed by the Engineer, or other j)erson pre- paring the same. Scludiile C. — An exhibit showing the total amount of cajntal proposed t«) be raised for the puri)o8e8 of the undertaking, and the manner in which it is proposed to raise the same, whether by oi'dinary shares, bonds, debojitures or other secui'ities, and the amount of each respectively. Schedido D. --.\n estimate of the })rob;ible revenues of the proposed undertaking showii g the sources whence the same are expected to bo derived ; the annual earnings therefrom respectively ; the pro- babl annual cost of operation or working expenditure ; and the annual net revenue apjilic ible to the payment of interest on the pro- posed investments. Such Schedules to be signed by the person prej)aring the same. 66, Petitions for Private Bdls, when received by the House, are to be taken into consideration (without special reference) by the Com- mittee on Standing Orders ; which is to report, i-u each case, whether the Rules with regard to Notice have been compliei with ; and in every case where the Notice shall prove to have been inaullicient, either as regard:^ the petition as a whole, or any matter therein which ought to have been specially referred to in the Notice, the Committee is to recommend to the House the course to be taken in consequence of such inauliicieucy of Notice. 131) W for the (1 by tlio 11 deposit [ich to the struct tlio luthoiizod lio district to serve, ty n Diking ho follow- li the pro- istructed ; y the next ithin each issessinent, statement led to be i proposed )f the pro- istruetion, ixteiit and or e(iuip- dertiiking, L-raon pre- jtroposed le manner try sliares, it of each proposed xpected to ; the pro- ; and the n the pro- he person use, are to the Com- whether h ; and in isutHcient, rein which ommittee msecjuence ', 56. (rt) The promoters of any Private Hill shall lodge with theClerkof tliu MouHe, a statement as to the com; liaitce hy them with the Stand- ing Orders of the il iiso, in rehition to siicii liill, on or before the tirst day of each Session. B(i. (6) A copv' of the Petition intended to he ])reBented to the House, praying for the passage of any Private Hill, shall he lodged, on or liofore the first day of each Session, with the Clerk of the House, who shall Kle the same in his otKce, and shall prepare for the Conniiittee on Standing Orders, at the Hrst mooting thereof, a repot, in which he whall state the result of his oxaminati )n into the facts required to be proved before the Committeo relating to the compliance or non-com- pliance with (ho Standing Orders of tho Louse. 5(5. (c) The Committee may determine, up('n the facts so riported, or certified by the Clerk, whether the Standing Orders have been com- plied with in respect of each Petition, and whether the Standing Orders ought or ought not to bo dispensed with, and shall report the same to tho House. 67. No Motion for tho susp -nsiou of the Rules upon any Petition for a Pri'-ate liill is entertained, unless the same has been reported upon by tho Ci>nimittoo on Standing Orders 58. All Private Bills are introduced on Petition and proHonted to the House upon a Motion for leave, and after such Petition has been favourably reported (jn by the Committee on Standing Orders. r)9. When any Hill for contirming any Letters Patent, or Agree- ment, is presented to the House, the copy of such Letters Patent, or Agreement shall be attached to it. <)(). Tho expenses and costt attending on Private Hills giving any exclusive privilege, or for any object of i)rotit, or private, corporate or iiidivi ual advantages ; or for amending, extending or enlarging any former Acts, in such manner as to confer additional powers, ought not to fall on the public ; accordingly the parties seeking to obtain any such Bills shall be re(iuirod to pay tho sum A one hundred dollars, as jiro- vided by Rule 6J. Gl. Every Private Bill, when read a first time, shall, except it be an Kstato Bill, stand referred to the pro[)er Standing Committee, and all Petitions before tho House, for or against tho Bill, are considered as referred to such Committee. ()2. Every Estate Hill, when read a tirst time, shall, without special reference, stand referred to tho Commissioners of Estate Bills for their Report ; and a copy of such Bill, and of the Petition on which the same is founded, shall be forthwith transmitted by the Clerk of the House to tho said Commissioners, or one of them, in order that they, or any two of ^hem, may, after perusing the Bill, without recjuiring any proof of the allegations there )f, report to tho House their opinion tliereon under their hands ; and whether, presuming the allegations contained in the preamble to bo proved to the satisfaction of the House, it is rea8t)nable that such Bill do jjass into a law ; and whfther the provisions thereof are proper ^or carrying its purposes into effect ; and what alterations or amendments, if any, are iiocessary in the same ; and H hi O z ■ i 1 1 |i \ I ; 140 in tho ovM'nt of thoir aijpnn'iiii^ t'lo *ii(l Rill, tlioy aro to nis^ii tint Huno ; Hiiil tho Hiiid Koport, with tho Hiiid liill Hud Position, aro to hu trariH- inittetl hy tlio said i'oininifcHioiiors to tlut Olrrk ; and thr lloport aJiall bo read by tho (Mork at tho 'Pablo, and shall bo oiitoiod on the .lournalm of tho llouso ; and tho l»ill, tofftithor with tho lloport, shall stand roforrod to tho Standing,' tJouimittoo .»n Irivato liillfl, which is not to oonsiilor tho Hiiid Mill, bofoi'o tho dolivory of tho Haid iioport, Bill and I'otition to thu Chairman of thu said Cotnniittoe. G3. In tho ovont of tho Coniniia^ionora of Eitato Hills roportinj^ that, in ihoir opinion, it is no' roasonablo that tho Hill anbmittod to them slmll p isa into law, auoh liill shall not bu further U'Misidurod. i>i. No (^>niiniltoo on any I'rivato Hill, of whi(;h Notiou is roipiirod to bo «ivon, is to consider tho aauio until aftor such Hill has beon printed and distributed to Monib U's, and five tbiys' clear Notice of tho aittini^ of such Counuittco Iuih Itoon alUxod in tin; Ijobby. And no Motion for any auapon-'ion or nioditication of this liule shall bo enter- tained by tho House, unless after reference made thereof, at a previous Sitting of tho House, to tho f'oper t^tandinjj Committee, or upon lloport submitlod by such Connnittoo. (2) On tho day of postinu; of any Hill under this Rule, tho Clork of tho House shall appeml to the printed Votes and Proceodinj^s of the dsy. a Notice of such po'^lini,' ; and also a Notice of Mootinys of any of the >tandini; Comiuiltcoa chari,'od with tho consideration of I'rivate Bills or ' etitioiis thorofor, that may hive been ai>pointed for the fol- lowing day. (55. A copy of tho Hill fontaiiiinLC the AnuMidinonts proposed to be submit tod to tho Standing Couimittoo, shall bod jfositod in the Private Bill Ottico two c oar days before the mooting of the Committeo thereon. 06. All pei-.-fons whoso interest or i)roperty may be atnic'ed by any Private Hill shall, when rotpiirod so to do, ap|>o;ir before tho Standing Committoo touching thoir consont. or may sond such consent in writing, proof of which may be domandod by such Ctnnmittee. And in every case tho < ommittoo upon any Hill for incorjiorating a "'ompany nijvy require proof thit the jiorsoiis wlioao namoa appear in the Hill, as composing the ' ompany, are of full age, and in a position to ell'oct the objects contompbited, and have consented to become incori>orated. G7. All Questions before Committoo on Private Bills are decided by a major:ty of voices, includintr the voice of the Chairman ; and when- ever the voices are ecjual the Chairman haa a second or casting vote. 68. It is the duty of a Select Committee to which any Private Bill may be referred by the House, to call the attention of the House specially to any provision inserted in such Hill that does not appear to have been contemplated in the Notice for the same, as I'oported upon by the Committee on standing Orders. 69. The Committee to which a Private Bill may have beon referred, shall report the same to the House in every case ; and when any material alteration has been made in the Preamble of the Bill, such alteration, and the reasons for the same, are to be staged in the Report. 141 1 tho Bjime ; ',<> Iti) tranH- Utport sJiiill rod on thti i^pitrt, ahull Ih, which is aid Itoport, ortiiig that, ti'd to them d. is rof the 3tint,'H of any •n of I'rivate for tho fol- posod to be 1 tho Private ^too thoroon. lod by any 10 Standing it in writing, nd in every iiipany may tlio Hill, AB to olfoct the rponvted. e decided by and when- sting vote. Private Bill f the House lot appear to jported upon oon referred, d when any le Bill, such tated in the 70. When the Connnittee on any Private Bill report to tlje HouBe that tho Preamble of such Bill haa not been proved to their satiafac- tion, they muat alao state tin* grounda upon which they have arrived at Huch a docinion ; and no Hill ho roported upon nliall bo placed upuu the Orders of the Day, unlesa by apocial order of the House. (2) Private Bills, olhorwise reported to tho House by auch Com- luitteo, ahall be placed upon the Orders of the Day f(dlowing the reception of the Report, for a Second Heading in their i)roper (»rder. 71. The Chairman of tho Committee ahall aign with hia name, at length, a printed copy of the Bill, on which the amendmenta are fairly written, and Hliall alao aign, with the initiala of liia name, tho aeveral Amendmenta iruule and Clauais added in Connnittee, wiiich nhall be tiled in the Oflico of Routine and I ecorda ; «n«l another copy of the Hill, with the amendmenta written thereon, shall bo prepared by the Clerk of the Committee, and attached to tho Rep'at. 72. No important Amendment may bo proposed to any Private Bill in a Committee of the Wholo Houae, or at any 'i bird Reading of the Hill unlesa two days' notice of the same ahall have boon given. 73. Except in case of urgent and ]»roH8ing necessity, no Motioi may be made to diapenso with any Standing Order relative to Private Bills, without due notice thereof, 74. A Book, to be called the Private Bill Register, ahall be kept in the Private Bill OUice, in which Book ahall bo entered, by tho Clerk appointed for the buaineaa of that Otiice, tho name, descrijttion, and place of resi- dence of tho parties ajiplying for tho Hill, or of their Agent, and all the proceedings theronn, from the I'otition to the jjaHsing of the Bill ; HUch entry to specify briotly each procet^ding in tho House, or in any Committee to which tho Bill or I'otition may le referred, and the day on which the Committee ia appointed to sit ; such Book to bo open to public inspection daily, during Otiice houra. 75. The Clerk of the House shall prej)are tlaily, lists of all Private Bills and Petitions for such Hills, ui)on which any Committee ia ap- pointed to ait, specifying the time of nu;eting and the room whore the Committee shall sit ; and the same shall be liung up in tho Lobby. 76. Every Parliamentary Agent conducting proceedings before the Houae shall be personally res|)onsibl(' to tho House and to the Speaker for the observance of the Rules, Orders, and Practice of Parlia- ment, and Hules prescribed by tho Spevkor, and also for the pay- ment of all fees and charges ; and he shall not act as I'arliamentary Agent until he shall have received the exi)re88 sanction and authority of the Speaker, who may revoke the same at pleasure. 77. Any Agent who shall wilfully act in violation of the Rules and Practice of Parliament, or any Rules preacribed by the Speaker, or who shall wilfully misconduct himself in prosecuting any proceedings before the House, shall he liable to an absidute or temporary prohibi- tion to practice as a Parliamentary Agent at the pleasure of the Speaker. K 111 a z • V! 142 ('(>mlnitt^•ell. 7rt. Thi' Cloik (»f tho Hoijsj hIihH came to ho litiixnd, in somo con- BpicuoiH |)iirt of tho lliiuso, h lint of thu Huvoriil StaiKliiig a id Sulect i'oininittuoH Hppointt (I (luring thu SeHHion. 7!>. Tlioro hIiiII Ik^ ni'|M)intfil in oaoli SuHsinn a rornianont Clmirumii of Com Ml i" toon of tlio Wholo lloii.si', who, whuii tho Spoakor loavoB the chair, Hh lit, if pruiiotit preside over and niaintiin urdur in tho Com- mittee. (2) Tho Rnlos of the Houho nhall 1>e (disorved in Conitnittco of the VVliole HoiMe HO far as may he apphtahlo, except tho Ride limiting- the luimlier of timoH of H|ieal\ini;. 80. Qnoslions of Order urisini^ in Commilteo of tlio Wholo Housu shall he decided l)y the (/hairmiii, snhjt>ot to an apjied to tlie lloiiHe ; but diHonhr in a Oominittee can only be censured hy the I'ousoon receiving a report thoro(.f, 81. A \rotion that the Chainnan leave tho chair hIuiH always be in order, and shall take precedence of any other Motion. 82. Bills which may he on the Order of the Pa}' for coii8io3e the Standing Coimnittees of the House, and the said several Standing ('ommittees, may be appointed, and thereafter may proceed to ox-ganiz^ and sit, tind report at any tim-j afri-r an Address t«i His Honour the Lieutenant (lovernor m reply to tho Speech shall have been moved in the House, although the Debate on such Address may lot have been concluded. IVitnesscK. 86. The Clerk of the House is authorized to pay out of tho Contin- gent Fund to Witnesses suuimoned to attend before any Select Com- mittee of the House, except in the case of Private Bills a reasonable Boinu oon- ,1(1 Suloct Chairiimii loilVHH iht' thu Coin- too of the le limiting lolu ll()UB*< liu llouHu ; ) I'oiiao on wiiya be in (loi'.-v ion in Cominittm for red lo it 5ill. iiao, consist , the naniOH if objected niiinner : — ■H, with till' lod that nil iibstjiiioe of );iiiniit.ed of mmittee, has other ^o 10 n ade by to the Bar lie ta of Meni- the said oafter may All dress Ui leech shall h Address ho Contin- elect Com- reasonablo 14:j BUM) per diem, to bo dotonnined hy the Speaker, during their attend- anoe, and a nuiHonable allowance for travelling oxponBeu, upon a certifi- cate or order of the Chairman of tht; Conimitteo before which Hiich witnoHSi B have been summoned ; but no witneSHos shall bo ho paid unhsH a certiticato Hhall tirst have been tiled with tho Chairman ofauch ('onimittee, I y some member thereof, Htatin^ that, the evidence to be obtained from Hueh witnoHs is, in his opinion, material and important ; and no HUch payment shall bo made in any case without tho authority of the Speaker, which shall be sij^niliod by tho ondorsenient of tho Speaker upon the aforesaid certiticito ; and when any witncHs shall have boon in attendance during three days, if his j)ro8(!nct* is still further leijuired, recourse shall again be had to 'ho Chairman of the Com- niittoo, and BO on, every thieo days ; and no witness residing at the Stat of Oovornment shall bo paid for his attondanco. DiriHions. 87. When Members have boon called in, preparatory to a Division, no further debate is to be permitted. 88. Upon a Division, tho Yeas ai d Nays shnll not bo entered upon the Minutes, unless demaniayer of the petition, except lU tho case of a single petitioner, or a corporation, 91. No Petition can be received which jtrays for any exjionditure, grantor charge on the public rovtnue, whether j>iyablo out of tho Consolidated Revenue Fund, or out of moneys to be provide, Resolution, Address or Bill for the appro- k X a 144 r.i ri? priatictn of uny part of tlio Puiilic Rovonue, or of Hiiy Tax or linpoHt, to Hiiy piirpoHo that Iwis not Ixion tii'Ht I'ticonuiHtinlud Ity a iuubhuku of tlio liiouti'iiant* lovonior in t o .SoHHion in which Htnh Voto, Hesuhi- tion, AdilroNH or Kill '\n proponud.] OH. If any Motion bo niado in fho Houho for any puhlic aid or chargo iipnn tlu' po«)plo, tho considtiration and d«d)atu ihoroof may not bo pro- Bontly i-ntcrt'd upon, b\it Hhall l»o ad|ournod till Huch furthor day an tho Hoiiso Hhall think tit to appoint ; and thon it nhall l)o roforrod to a Connnittt'o of tliu Whole Houho, l)eforo any ru8 Hoon an an addruHH h'.a boon a^rood to in answor to tho Spooch of till' Lieulonant-tiovernor. Prliititiij. !)5. On motion for Printini^ any Papor beinj,' otFored tho Bame fihiU bo first sul)niittod to tho Standin;^ Ooinmitteo on Printing, for Report, boforo the (piostion is put thoreon. VI. — Offickks and Sei'vants of the Hoube. {){>. Tho Hours of attondanco of tho roapoctivo otticjrs of tho House, and tho extra clerks employed tluring tho Session, shall l»o fixed from time to tinjo l)y tho Speaker. 97. Before lillini; any vacancy in tho service of the House by tho Si)oaker, intpiiry shall 1)0 made t<»uchinj? tho necessity for tho continu- ance of such otHce ; and the amount of salary to be aitichod to tho same shall be tixod by the Speaker, subject to tho approval of the House. 98. No Clerk or Messenger shall bo employed, nor any now appoint- ment made, initil the Clerk of tho H'luse shall have sot forth the necessity for such app(»intment, antl shall have delivered such requisi- tion to the Speaker endorsed with his recjmmendation and approval. 99. It shall be the duty of all tho Permanent; Otlicers of this House to complete and finish tho work remaining at the close of the Session. 100. The Clerk of the House shall l)e responsible for the safe keep- keeping of all the Papers and Records of the House, and shall have tho direction and control over all the officers and clerks employed in the ottices, 8ul)ject to such orders as he may from time to time receive from the Speaker of the House. 101. The Clerk of the House shall place on the Speaker's table, every morning, pi'ovious to the meeting of tho House, the Order of the Proceedings for the Day. 102. It shall be the duty of the Clerk to make and cause to be printed, and delivered to each Member at the commencement of every Session of Parliament, a List of the Reports, or other periodical State- ments which it is the duty of any officer or department of the Govern- ment, or any corporate body, to make to the House, referring to the Act or Resolutions and page of the volume of Laws or Journals where- 14') or Inipont, inuaHiiKU of to, Resolu (1 or chiirKo not bo pro- 1- tiny iiH tho (fol'H'd to 11 vote of tho o uppointud )f oiicli SoH tho Spoeoh I Haine eh ill for Report, tho House, Hxod from oiiso by tho the continu- Iched to the :oval of the w iippoint- t)t forth tho uch reipiisi- d approval. this House 10 Session. safe keep- lall have tho yed in the eceive from kor's table. )rder of the ause to be ent of every dical State- the Govern- riiig to the nals where - ill the sa\ne may be ordered ; and placing under the name of luoh ollicor or corporation a List of tho lleports or lloturns re((uirod of him, or it, to be mudo. and tho time when the Report or Periodic*! State- ment may be expected. 10.'^. Tho Hergcant-afc-ArmH .ittending the House nhall bo responsible for tho safe keeping of tho Mace, Furniture, and Fittings thereof, and for tho conduct of the Mesaongors and inferior Servants of the House, lot. No stranger who shall have boon covernnu!nt, for travelling e.xpenaoH in coming to attend his duties. VH.— Library. 10«J. — A ])roper Catalogue of the Books belonging to tho Library shall be kept by the Librarian, or person in whom the custody and respitnsibility thereof shall be vestoy the utmost ly concerned Member of lopontling or lueanor, and Abse')ice of Members. Not permitted without leave, Rule 18. Adjou nment of the House. On Friday, Rule 1 — For want of a quorum. 1 — Without disposing of Orders, 25 — Or of Motion under discussion, 25, 27 — Yeas and Nays not to be entered on Questions of adjournment, 88. Adjournment of the House, or Debate. Motions for, always in order, Rule 30. May be niatle without giving N( — <)n Bills reported from Select Conm.ittees, 22 — Procoedin>,8 in Committee on Bills, 48, 72 — Froceedings on Report, 49 — Several Bills may be referred to the same Committee, Kulo 82. Comwitteen, Select. How aj)i)ointed, Eule 83 — Quorum, 84 — Reports from, Sit — Payment of Witnesses, 80 —Lists of Connnittees to be hung u]), 78. Committees {Stand i)i/ The Honse. Pule 2. Extra Clerks, Employment of. Rules 96, 98, Fee to the Sergeant. For custody of Strangers, Rule 104. Fee on Private Bill.^. Payment thereof. Pules 53, 60. First Beading of Bills. Questions for, to be decided without amend- ment or debate, Pule 42. Oovernment Orders. To have precedence on certain days, Rules, 19, 20, 23. Govermor-Genbral : No Member to speak disrespectfully of, Eule 13. Question, ted, Rule B reported on Bills, 3 referred — Reports Lees to be IS. Their t report on proposed, t in certain n, 87. ns to with- I any (jaes- rs of Estate Ut amend- Rules, 19, 1^9 Houtic (}f (lommons of Gmif Britain. Rules of, to be followed, in unprovided caies, Kule 113. Journal, Mdtters to he upecially entured therein. Names of Members proHent at adjournment for wunt of a <|uorutn, Rule a - I eaaon given by The Sj)eaker on a ( asting Vote, 9 — Yeus and Nays ujmn a Division (not being upon a (juestion of adjournment), when denmnded by five Members, 88. Law CUtvk. His duties. Rule 50. Letter.'* Patent. Bills for confirming. Rule 59. LihrariiDi. His duties and responsibility. Rules 106-112. Library of Parliament. Regulation of, during Session, Rules lOu-112, Lientenitnt-Gorernor. No Member to speak disreapectfully (A, Rule 13 — A copy of the Journal to ho sent to him daily, 39 — T(> originate, by Viossage, all supply votes, i)ago 32 — To have access t(j the Library, Rule 107. Mcetimj (if the Honne. At three o'clock p.m. each sitting . Private Bills. Rules concerning, 51-75. Private Bill Register. Rule 74. Private Bill ; Privilege. Questions of, having precedence. Rule 38. Queen, Her Majesty the No Member to speak disrespectfully of, Rule 18. i^, or the Rule 13. lied, 97— 3 Session, access to Sergeant- oyea, 106. d by Mr. , with an —In Com- led of at )y Motion *ble every ist ill any be either grievance, praying be con- refere je, motioned 161 QlESTIONS : Members not to speak beside the Question, Rule 13— \fay be read when roiiuired, 14 — Superseded by Motion to read the Orders of the Day, 28— Questions and Motions, Rules concerning, 30-37. Qxiedions put bij Members. Rule as to Questions to Ministers of the Crown, and others, 29 — Two days' Notice thereof required, 31. Qnornm. Twenty Membei'S required to form a Quorum, Rule 4— Adjournment for want of, 1 — If no Quorum, names of Members present to be recorded, 5 — ^Quorum of Select (Jommittee, 84. liailimy Bills. Require Special Notice, Rule 55. Reports. How made, Rule 85— Reports on Private Bills, 68-71. lioyal Family. No Member to speak disrespectfully oi any member thereof. Rule 13. Satnrddii. House does not ordinarily sit on. Rule 1. Sdert Conuaittees. See Gommiffees, Select. Seugeant-at-Arms : To apprehend Strangers behaving; improperly, Rule fi— To clear The House of Strangers when recpiired, V — His responsibility and juris- diction, 103 — Entitled to a Fee for cust dy of Strangers, 104. Servantii See Officers and Servants. Speaker : His duties at the Meeting and A.dj lurnment of the House, Rules 1-5 — To direct Strangers to withdraw, when required by five Mem- bers, 7. To preserve Order, and decide questions of Order, Rule 8 — Not to debate, and only to give a Casting Vote, 9 — To read Motions before debate thereon, 33 — To apprize the House of Unparliamentary Motions, 37 — To determine allowances to Witnesses, 88 — Not to allow discussion on presenting Petitions, 92 — To have full control over Par- liamentary Agents, 76, 77— To fix hours of attendance of Officers and Clerks, 96 — To fill up vacancies in the Offices, and fix salaries of new Employes, 97, 98 — His authority in respect to the Library, 106, 108 — Orders printing of Votes and Proceedings, 114. Speeches. See Debates. Stranyers If guilty of misconduct, or not withdrawins; when directed, to be taken into custody. Rule 6 — Not to be discharged without special order, ih — Strangers to withdraw when recjuired by five Members, 7 — Strangers committed, not to be discharged until pay- ment of a Fee to the Sergeant, 104. H U O Z- 152 Supply : Supply votes to be first recommonded by thu Governor, Page 31 — Motions for Supply not to be presently entered upon ; To be first dis- cussed in Connnittee of the Whole House, Rule 93 — 1. ommittees of Supply, and Ways and Means appointed at the comniencenaent of each Session, 94. Svspensio)! of Eides. On Petitions lor Private Bills, Ilules 51, 67— On Privat'e Bills, Gl, 73. Third Beadiugs of BUIs. When to take place, Eules 20, 49. Tell Brid(je Bdls. Require Special Notices, Rule 54. Tramtvay Bridges Bills. Ee([uire Special Notice, Rule 65. Travelling Ej'penses of Emplo^ies. Not to be allowed to them, Rule 105. Unparliamentary Motions. Rule 37. Unprovided Cases. Rule 113. Votes of The House. Not to be reflected on by Members, Rule 13. Votes and Proceedings. Certain Notices to be appended thereto, Rules 31, 04 — Certified Copy to be sent daily to the Lieutenant- Governor, Rule 39 — Shall be printed, 114. Withdraiad of Motions. Is permitted with unanimous consent of the House, Kule 34. Witnesses. Before Select Connnittees, how paid, Rule 86. Yeas and Nays. Not to be recorded (upon a Division) unless demanded by five Members, nor upon questions of adjournment, Rule 88. age 31 — first dia- xittees of ement of 51, 57- APPENDIX. lem, Kule ^ulo 13. 1 thereto, ieutenant- ionaent of i) unless )unimeat, THE MACE AND ITS USE. BV CHARLES CLAHKK, M.P.P., SPBAKRR OP TIIR ONTARIO LEGISLATURE. ^07/1 Canadian Monthhi, August, 1S81. " Who is He ?" " What is It?'' Such are the ((ueriea which flash thron(?h the mind^ of thousandn who h)ok, for the first tinin, with cnrio^ity ratlier than with awe, upon the Serjeant at- Arms and his Mace, in the Dominion House of Commons and the Ontario Lefifisiative Assembly. They see a remnant of med uvalism borne by a distinguished looking personage in solemn black and irreproachable white tie, wearing a dress sword and lavender gloves, an odd croos between the Past and t,h" ('resent, and supposed, in some unaccountable manner, to T-rm a link between the throne and the people, and wond'T what it all mean;*, whence the custom came, and why it is kept u|). That the serj 'an", is a 'onstable of a higher order than that of the ordinary tipstafi; that his mace is i. us rather unwieldy and n'>t very formidable bidge of office ; that he appears to be on good terms with himself and everybo(iy else, and especially with himself ; that he ])ossesses enoruious pnwnrs in going where and doing what, cm the floor of the House, his fancy dictates; and that his position is a very enviable one, are the thoughts passing through the mind of every stranger in the gallery, i)artly wrong and i)irtly jight, but natural under the circumstances, as the impressions of sight-seers frequently are. To give a more definite idea of the mace an 1 its uses, rather than that of its custodian and bearer, is the object of the writer, and in doing this he will make only such ])assing references to the aerjeant and his duties, as may be necessary to the ehicidation of his subject. The origin of the mace is an antiquarian enigma. That it was originally more than an emblem of power is undoubted Like the sceptre, which to a certain extent it displaces, and of which it is now a representative, it was employed as a weai)on in its early history, and may have had an Oriental birth- place. Both found their prototypes in a more humble symbol of authority. The sculptures at Perseopolis represent a Persian monarch carrying a wooden staff, nearly the height of a man, studded with gold nails. At the i)eriod of the date of the Sabines, kings, as an ensign of their dignity, bore a long staff — the skcptron of the Greeks. The Hebrew word shvvct is variously translated as "rod," "staff,"' "sceptre." Homer tells how kings employee! their scep- tres in the infliction of punishment. The rod, or staff, used originally as a means of coercion and engine of power, was then borne as a token of superi- ority, and ultimately came to be regarded as an emblem of royalty. It was viewed with superstitious reverence, was sacred and ho'y in the eyes of the multitude, and none was bo solemnly bound as he who touched it while taking an oath Jove swore as frequently by his sceptre as by heaven or the river Styx. Hebrew poetry abounds in allusions to " the strong rods," the sceptres of them that rule. To break or rule with a rod of iron was synonymous, in ancient times, with a rough exercise of earthly or heavenly power. The staff of Jacob, the rod of Moses, the divining rods of the magicians were but mate- rial representatives of more than ordinary control over men and thing-, and were viewed by mankind with a faith inspired by dread. The bisho])'^ crook of to-day is a surviving: relic of the ancient rod, but has lost the iJotency of its predecessor. The baton of the marshal, of the musical conductor, of the fugleman, of the drum-major, of the policeman, of the village constable, are symbols, more or less humble, of auth )rity, and as significant— in their way — of power, as the jewelled sceptre of the proudest monarch, the blacktl.'orn shillelagh of Brian Bjru, or the upraised umbrella of King Coffee himself. They had, like the sceptre or the mace, their original in the Israelitish rod or 111 o z -i a I I 154 its predecessor, and are as sif^nificant of that control which produce< order, and t<4ll of that power behind the throne which inHistd upon and ia able to enforce obedience. The mice (from ma8««e or masse, a, club) was a favorite weapon of the Middle Ages, aasuming varioai forms, as the fancy of the workman or owner Buraested, It was described by several writers as the successor of the haston of the eleventh century, which was an iron-tipped &tatf or simply a wooden bludgeon or knotted club, as depicted in the Bayeux Tapestry, and represented there as being carried by William, Duke of Normandy, and Odo, Bishop of Bayeux. Scandinavia, in its knotted clubs, may have furnished the model after which they were formed, and thus, the most valiant of the cons of Odin, with his huge hammer, may have been the first mace-bearer. That it was a favorite ecclesiastical weapon is undoubted, and, it is to be hoped, was used exclusively for de'ensive purposes, although Planche tells that it was employed by pugnacious prelates, who thereby evaded the denunciation which d( clares that "all they that take the sword shall perish with the sword." The biston was speedily superseded by maces made of iron, bronze or lead, which, when of the latter material, were known as /ihmihcrsor plomiiies, and were used for the pur- i»ose of breaking the armour of an opponent. In the valuable collection of Mr. ^ohn Notman, (^ueenV I'rinter of Ontario, may be seen a well preserved speci- men of one of the varieties of the weapon favored by our quarrelsome fore- fathers, although it is certainly of later date than the eleventh century, and belongs to the family of flails, morning stars or hoiy-water sjirinklt-rs, as they were ([iiaintiy termed, rather than that of the mace proper. It is made en- tirely of iron, with a handle fashioned somewhat like a whip-stock, twenty inches in length, with a circumference of three inches at one end, tapering to two and a half inches at the other. At the large end is an ornamental bulb, sufficiently large to be grasped by the hand wielding the weapon, and at the other is a chain, seven inches in length, to which is attached a solid ball, five- anda-haF inches in circumference. Upon this ball are nine solid spikes, each of which is half an inch long, with a width of hveeighths of an inch at its base. Each spike has four equal sides, coming gradually to a point. This weapon, weighing about four pounds, was hung to the saddle-bow, ready to be u«ed at close quarters, and, in a powerful hand, could be employed with deadly effect even upon an armoured antagonist. The entire handle is covered, in relievo, with spiral coluiims of figures, amongst which are those of several warriors in martial costume and accoutrements. This interesting relic of a past age is w(jrthy of inspection. In the romance of " Richard C(eur de Lion," maces are described as made of steel or brass, while Guiart and Froissart speak of them as of lead. With the varying material were varying forms, s >me carrying spherical heads, and others being decorated, while a smaller kind was used, termed "massuelle," and still another, "quadrell," which had four lateral projections, forming a rude representation of the leaves of a flower. These were such convenient weapons that they were employed in great numbers by all classes, and the abuses springing ther-'from led to the issue of a Proclamation, in the reign of Edward III., forbidding their use by the citizens of London, and they became unlawful, as is the revolver to-day in this community. The mace was often employed in tournaments and jousts of peace, and Chaucer, in the " Knight's Tale," tells how " Soni wol lien armed on his IPKKes wele, And have an axe, and som a mace of stele." But for the friendly trials of skill the weapon was of wood, with a hilt fash- ioned like that (-f a sword. Shakespeare, too, alludes to this common weapon, when in Julius Cirsar he says : " Lay'st thou thy leaden mace upon my boy?" It was not, in fact, until the early part of the sixteenth century, when pistols became a weapon, that the mace ceased to be employed on the battle field. In the reign of Hichard I., military serjeants-at-arms were more exten- sively employed than in later reigns, and carried a barbed javelin, known as a pheon, and their special duties were to act as a body-guard to the king. The pheon borne by them became a chargp in heraldry, and is still known as the royal mark, bt-ing commonly called " the broad R," a corruption of the broad "arrow." By Statute 13 Richard II., c 6, the serjeants-at arms were linii- 155 order, and to enforce ion of the 1 or owner the haston f a wooden •epresented Bishop of the model 18 of Odin, at it was a , was used ,8 employed tcl ares that biston was when of the for the pur- ction of Mr. erved speci- elsome fore- entury, and f-rs, as they M made en- ock, twenty tapering to mental bulb, I, and at the id ball, five- spikes, each ,n inch at its point. This , ready to be ployed with is covered, se of several ig relic of a bed as made ad. With heads, and massuelle," forming a convenient ses, and the the reign of they became ce was often e " Knight's a hilt fash- non weapon, in my boy ?" when pistols tie field, more exten- known as a king. The nown as the of the broad ns were limi- ted to thirty, their office being to attend the person of the king, to arrest offenders, and to serve the Lord High Steward when sitting in judgment ujwn a peer of the realm. Serjeants-at-arnm existed in France as in England, and it is probable that the office originated there. In both countries maces were the weapons carried by these otticials. Two slabn in the Church of Culturt^, Sainte Catherine, Paris, and which were destroyed during the reign of Louis XIV., ropres* nted two Herjeant8-at-<»rm8 in armour, and two in civil cofltnme, each bearing » mace of silver, richly ornamented, and enamelled with Jlciits- de-lya. It is interesting to note that this church was founded by Louis IX. (St. Louis), at the prayer of certain serjeantH-at-arms, in commemoration of their successful defence of a bridge at the Battle of the Bovines, A.D. 1214. The illuminations of the 13th and 14th centuries abound in illustrations of Berjeants-at-armH, some of whom are in military dreps of armour, and others in civilian attire, but all of whom bear maces ; and we learn tliat in 1414, by an ordinance of Thomas, Duke of Lancaster, at the Siege of Caen, the maces of the then serjeants-at-arms are described as of silver— a strrng proof of the hiph position held at that period by the royal body-guard. In an illumination still preserved and leproduced in Plancheb work on Costumes, we find depicted the presentation of a book by John Talbot to Henry IV. and his Queen, and in this is to be seen the earlif?Ht known example of a mace sur- mounted by a crown, as are the maces of gentlemen-at-arms at the present day, when these officers no longer act as a military body-guard, but as attend- ants on the royal person. That inaces wore employed as emblems of royal authority, not only in Parliament, but in civic corporations previous to the time of Richard If., is evidenced by the fact that,in 1344, under Edward III., the Commons prayed the King that none within cities and boroughs should bear maces of silver except the King's Serjeants, but should have them of cop- per and no other metal ; but, in 1354, the King granted to the Mayor and Sheriffs of London and Middlesex h'berty to cause maces of gold or silver to be carried in the presence of the King, Queen, or children of the royal pair, although the right to ufe a mace had been previou-nly possessfd by them. Grants of maces by the King t3 favored cities were not uncommon, and from an article in "The Anticpiary," from the pen of George Lambert, Esq., F.S.A., to which the writer is indebted for much interesting information, we learn that these marks of royal generosity were sufficiently numerous to arouse the jealousy of the Commons. While the Parliament of Edward III. pro- tested against the use of silver maces by the officers of cities and boroughs, that of Richard II. i)etitioned that no serjeant of any town should be allowed to carry his mace out of his own liberty, or township. But the boroughs were rapidly gaining in importance and strength, and could not be so easily denied or curtailed of ])rivileges ; and cifts of maces still continued to be exercised and accepted as marks of royal favor or concession. In the fifth year of Henry IV., permission was granted to the city of Noiwich to display a gold or silver, or silver-gilt, mace in the royal jire-ience, and Henry V. gave to the guild of St. George, in the same city, a wooden mace " with a dragon's head on the top thereof." Similar grants of civic maces were made by other monarchs, and Norwich, in these distributions, appears to have been specially fortunate. Elizabeth, in 1578, presented it with a mace, and James I., in \i\Qf), permitted it to have two Serjeants to carry two maces of silver, and gilt with gold, bear- ing the King's arms. After the Restoration, when the plebeian had wrested from royalty and nobility a much larger share of power than he had previ- ously possessed, and become an object of fear -is well as of respect, a thing to be cajoled and conciliated, the riirht to use the mace by civic corporations became almost a matter of course, although still derived from the Crown. The right was almostly lavishly extended, and maces were frequently a graceful gift from wealthy commoners to their fellow-citizens. The whole of these were now surmounted by the crown, and the free use of this emblem came to be regarded as not only a proof of the loyalty of the authorities to the newly- restored regime, but as a rebuke to the Puritanical hatred of symbols which had prevailed in Cromwellian day*-,. But the whole of the maces were not of the costly metals. In Llandiloes, Wales, there was one of lead, and at Lang- harr.e two still exist of wood. Nor was the shape, with which we are familiar, invariably observed. Two at Fowey, were made representative of the local- X u "^ Ifi6 h' ity, by being faHhioiunl in the funn of a pair of oiirH. And utility was con- sulted an well an app< . ranee at tiinen. The crown of the mace wan hq con- structed aH to uiiHcrew from the bulb at the top of the Hhaft, which thus became the loving cup, reparded as a necesHary p irtion of the pirapliernalia IxTtaining to the proper civic representati'iU of our bibulous anceHtor«. Many of these loving cupH, uh %n adjunct of the mace, ntill exist, and at corporation banquet*, when aldtrnianic h(is|>italitv in in full How, are passed from guest to guest until their generous contents have been absorlMul. C^f the numerous specimens of thii» old-fasiiioned mace, probably one of th" f.nest is to be found in the ancient city of Lincoln, in Kngland, and a bnet description of it will give a fair idea of the best class of thene relics of "the good old times." It cannot boast the ancient origin claimed by others, dating back, as it does, only to the days of the Meny Monarch, but in ipiality of workmanship it has probably few superiors. It is of silver gilt, about four feet in lenerth, with a head formed in the manner alreatly described, and cariies an open regal crown, surmounted by cross antl orb. The portion l)eIo'.v the crown is divided into four compartmeiit^ by draped forms wearing mural crowns. Each of these compaitmentf contains a crown below the initials C. li., surmounting respec- tively a rose, a thistle, a harp, a. Jlrur-df.-li/n The stem is beautifully chased with roses and thistles, and is v^ken by knobs, while the connection of the head and stem is covered by very elegant spiral branches. The object of this paper is to deal rather with the Parliamentary than the Civic Mace, however, and we must ]>ass on to that branch of the 8ui)ject. Such authorities as the writer has been able to consult are silent as to the early use of a mace by the Pailiamentary Serjeant alarms, and the fir-»t appointment of that functiouiiry himself a|)|)ears to be lost in the same mists of anticpiity as those which have enveloped the tir^t nomination of a presiding oHicer m th" House (f C munons. Although the otticial discharge of the duties of ."Speaker nmst have existed long antecedent to the recorded appoint- ment of sut^h a jif^isonat'e, we find no mention of him until the title became settled in 1377, when, in the ti;st year of the reign of Richard II., the House of Commons elected Sir Thomas Hnngerford to that position. As we have seen, as early as 1314, the House of ConimonH h d rrotested against the bear- ing of maceM of silver bv civic aiith ritn^s as an infrinE:em»'nt of its own digni- ties, thus incontestibly t);oving that ihe mace was in u-ie in its Chiniber, and theie is amjile lav of thir, serje-antH-at aims attend'^d the Lords and Commons in 1388. StuVibstays that the existence of ihe oftic* s of the Clerk and Ser- jeant, from an early date, is shown "by occasional mention in the rolls, but the develojnnent of their functions, and all matters of constitutional imi)or- taiice coni-ected with th(un, are of later grjwth." In the Journal of Sir Simonds l>'Ewes we find a graphic descrijition of the election of Speaker in 1563, in th^' reign of Eliz.abeth, and here we have one of the first illustrations of the use to which the mace was jnit. He tells us that, after Sir Th 'mas Gargreve had ^)e^n allowed and confirmed as Speaker by Ht-r Maj^^stv, he "departed with the other Members of the Hon- e of Commons unto th-^ir own House, the Serjeant of the same carrying the mace all the way before the said Speaker, which was in like sort borne before him fluring this Parliament, both when he repaired to and dejiarted from the said H.)nse." Th i same authority declares " the custom to be on the election of vSpeaker, that the mace is' not carried before him until his return from the Upper House, being presented to the King and allowed of." These bare references, in the absence of such a store of Parliamentary record a« is to be f^un i in the English archives, are all that the writer has been able to find relating to the employment of the mace before the days when Cromwell, the Lord Protector, on the m^^morable 10th April, 165!^, ordered its riMuoval from the Hcmse, exclaiming^ " Take away that bauble? Ye are no longer a Parliament. The Ijord has done with you. He has chosen other instruments for carrying on his work." But while the early history of w hat Homersham Coxe ao eloquently described as " the ancient symbol of the authority of the Commons— that venerable 'bauble' which is associated with so many eventful passages of English history — which was never yet insulted with impunity, but when liberty received a wound," is so defective, there is abundant material from which to gather a lucid descrip- tion of its uses. 157 ity waH con- ) wa« H3 con- which thus liniphnrnalia itorH. Many t corporation from guest to tie numerous R to be found ion of it will i times." It ) it does, only innhip it has 'UKth, with a 1 re^al crown, ^ divided into Kach of these ntinsr reHpec- tifuUy chased lection of the object of this ace, however, ilpnt as to the and the tir^^t ;ie same mists )f a presiding ijharpe of the irded appoint- e title became I., the House As we have Must the bear- 8 own di(?ni- nmber, and nd Comnions rk and Ser- 1(3 vo\U, but o'lal impor- urnal of Sir f Speaker in illustrations Sir Th -mas Maj-'stv, he I) th^'ir own ore the said iament, both ine authority mace is' not presented to ce of such a lives, are all of the mace trable 10th Take away e with you. it while the led as " the lie ' bauble ' ory — which W(mnd,"i8 icid deacrip- D In England— and a similar practice prevaiU in such of her dependencies as use the mace -when a new House has been elected and (iroceeds, on its first meeting, to the selection of a Speaker, the mace is placed under the table «'f the HoUHe until a choice lias been made ; when the newly elected Speaker takes the chair it is placed uiK)n and across the tabl<>, where it alway« remains while he occupies his seat. Until the Spet»lcer-elect has been presented to the Sov- ereign or his representative for acceptance, he leaves the House, at adjourn- ment, without the mace before him. The House frecpiently susjiends its sittings, but without adjournment, and the mace remains upon the table, and, on the Speaker returning, business is gone (m with as if no interruption had occurred. When the Speaker leaves the chair, upon the House going into Committee of the Whole, the mace is removed from the table and placed under it, being returned to its old positicm upon his re,^umpti(m of the chair. When the Sjieaker enters or leaves the House at its adjournment, the mace is borne before him, remains with him until the next sitting, and acconipanit^s him upon all State occasions, "in which he shall always appear in his gown." May tells us, that " in earlier times it was not the custom to prepare a f or - mal warrant for e.\ecuting the orders of the House of Commons, but the Ser- jeant arrested persons with the mace, without any written authority, and at the present day he takes strangers into custody who intrude themselves into the House, or otherwise misconduct themselves, in virtue of the general orders of the House and without any specific instruction," and the Speaker, accom- panied by the mace, has similar pcjwers. We learn, from May again, that " when a witness is in the custody of the serjeant at-arms, or is lirought from a prison in custody, it is the usual, but not the constant, practice for the Ser- jeant to stand with the mace at the bar. When the mace is on the Serjeant's shoulder, the Speaker has the sole management : and no member may speak or evfcii .-iuggest (juesti'Mis to the Chair." To obviate this difficulty, it is now customary to place the mace upon the table when a witness is at the tiar, so that any member may propose a (juestion to him through the Speaker. Hatsell says, that " fnmi the earliest acc;)unt of Peers being admitted into the House of Commons, the mode of receiving them seems to have been very much the same as it is at present ; that is, that they were attended from the door by the Serjeant and the mace, making three obeisances to the House ; that they had a chair set for them within the bar, on the left hand as they enter, in which they cat down covered ; and if they had anything to deliver to the House, they stood up and spoke micovered, the serjeant standing by them all the time with the mace ; and that they withdraw making the same obeisance to the He use, and the serjeant with the mace accompanying them to the door." No member is at any time allowed to pass between the Chair and the table, or between the Chair and the mace when it is taken off the table by the serjeant. It is employed, too, t(j enforce attendance of Committeemen, sitting on special or other committees, at times wh.en the Speaker finds it impossible to otherwise make a H(juse at the hour for the commencement of the day's session. The appearance of the serjeant with the mace dissolves any committee then sitting, and, to avoid this catastrophe, it is usual to send a messenger in advance to announce his advent, and so give the committee time to adjourn. Some disagreement exists among the authorities as to the history of the mace now in use in the British House of Commons. Hatsell asserts that it was made for Charles I. ; May says that, after the death of Charles I., a new mace was procured, which was taken away by Cromwell's order, 19th April, 135.3, restored on the 8th of .July of the same year, and continued in use until the present time ; and others contend that the mace now belonging to and preserved by the College of Physicians is the veritable "baijble. " It may be added that, for safe keeping, it is placed during the period of proroga- tion, in the Jewel Office, so that similar obscurity as to its future history in not likely to prevail. Of the early history of the mace in Upper Canada, we have undoubted proof, in the present existence of that first so employed. It is in appearance as primitive as was the Parliament which assembled at the call of Governor Simcoe, at Niagara, on the 17th September, 1792. That was the day of econ- omy and simplicity, and the wooden mace, painted red and gilt, was in keep- ing with that small assemblage of sturdy backwoodsmen clad in homespun >< O z ii^ I I i V ;; IM 158 grfy, lens in ni»iil>er tlian the sinalteMt County Conncil of 1881, who met to enact lawn providing for the few wantsof ayoung |>eo[>lH. It in nrobablf* that it Rraced tlie legiHlative hall at Niaerara, although thern iH no piHitivo evidence to that t^ffect. It wiii certainly used after th(* r-rnoval of tlie Upper ('anada Parliament to York, for, on the 27th April, 181;^, when the United .States forceH attacked the Heat of government and captured it, they destroyed the public buildingM of the embryo city of Toronto, burnt the Parliament Houne, and carried off nundry trophien of their vic'ory. Amongst these was the mace used in the Assembly. Commodore Ch;uincey, the commander of the suc- ce^Hful ex|)edition, forwarded it with oth r spoilh of war to the Secretary of the Ifnited States Navy, and it iH still to bu seen, with a liritish Standard, captured at the same time, in the United States Naval Academy, Annapolis, Maryland, in an excellent state of preservatinu The Hon. Vv. H. Hunt, Secretary "^ the Navy, at the recjueit of the writer, rt-cently directed Kear- Admiral George 1*. Halcli, Superintendent of the Academy, to prepare a full description of the trojihy, and, as a re'tle, the third a harp, and the fourth a Prince of Wales plume. An orna- mented ring, repeated about the centre of the shaft, tlien follows. The shaft is about thirty-two inches in length, the head eighteen and the foot nine inches, and has a raised fillet running around it diagcmally from base to head, while the space between the ppiral band is elaborately chased with roses, thistles and leaves— probably of the shamrock. Tiie lower p rticm of the same is divided into four segments, bearing the harp, the rose the thistle, and plume, while the extreme base is smooth and polished. Just above it are other segments, bearing tho floral emblems. The history of this mace is a stirrinf; one. Three several times has it been rescued from tne fiames. In 1849, at the time of the destruction of the Par- liament Buildings in Montreal by an infuriated mob, it was forcibly seized from G. K. Chisholm, Escj , the then Serjeant-at-Arms, who was knocked down while defending it, and it would have been destroyed but for the inter- cession of some more thoughtful of the rioters, who carried it off to the rooms of Sir A. Macnab, at the Uonegana Hotel, whence it was returned next morn- ing to its proper custodian, after suffering slight injury. In 18.'i4, when the Parliament Buildings were destroyed by fire in Quebec, it was saved, as it was once more, a few months later, when the Convent of St. John's Suburbs, of that city, then in course of preparation for the meetings of the Legislature, was consumed. At Confederation, it properly passed into the hands of the Dominion Parliament, and is now used at its annual Ses.uons. In the Province of Ontario, a new mac(; was procured by the Government of the Hon. J. Sandfield Macdonald, for the opening of the first Parliament after Confederation. It is much more modest 'u\ its appearance and value than that of the Dominion, is made of copper and is highly gilded. It was manufactured by Charles C. Zollicoffer, of Ottawa, at an expense of S200, and bears some resemblance to the much more costly one belonging to the Domin- ion Parliament. At tho tinic of the Union of the Provinpes of Upper and Lower Canada, in 1841, the mace of the House of Assembly oi Lower Canada was regarded as more valuable than that of Upper Canada, and was used by the United Parliament until the purchase of a new one, as described, in 1845. One authority states that it was restored to Lower Canada at Confederation and is used in the Quebec Assembly, while another asserts that the mace now there was purchased in 1867. In the absence of more definite information, these varying accounts are giver, for what they are worth. In New Brunswick, no mace has ever been employed. Prior to the entry of the Province into Confederation, the Serjeant-at-Arms wore a sword with silver mounting, which since 1879 has been gilt. When receiving report of the message to attend the Lieutenant-Governor, the Serjeant carries a staff, as a substitute for the orthodox mace, doubtless, as he does whenever the Assembly meets the Lieutenant-Governor. In Manitoba, a mace of somewhat primitive form and s'oylo is used, but it is probable that it will soon be superteded by a more iitting emblem of authority. fl 100 i II ' ji 1 J In the Province of Prince Edward Island, a mace ia not now and never has been in exiHtence, and Nova Scotia, althonjfh following Rrit'sh forms in other respects, has never adopted " the bauble ! " In British Columbia we learn that the mace has been in use since Confederation. Enciuiries addressed to officials in the thirteen orierinal United States, have elicited some facts with reference to the use of the mace therein, which are worthy of record. In Massachusetts, as might iiave been expected in a colony settled largely by Puritans, w> evidence, after a careful search of the archives, can be fuund of the adoption of the mace at any period of its history. New Jersey and Georgia supply similar answers. From New Hampshire, Gov. liell writes : "This State hegan life as a royal jmivince in 1680, on a very limited scale, with an Assembly of about a dozen delegates. It probably would have seemed idle to set up formalities in such a body, and the records show that their proceedings were conducted with amusing simplicity ; and probably at no time before the Revolution wa« there any occasic n for introducing any formidable badge of authority." Tiie journals of the State afford no proof that the mace was ever employed there. From Cimnecticnt, the State Libra- rian writes : "I have some familiarity with our old Colonial proceedingn, hav- ing edited our Colonial Records from l(j8!) to 1762, and having now ready for publication a volume 1702-176". I have nover seen any reference to a mace, nor do I believe that one was used here ; we had not so much state here as in some of the other Colonies, but were from tlie beginning more democratic. The Royal Arms which hung over the Speaker's chair (or in the Council Chamber) before the Revolution, is still preserved, and in a pretty good condition." The Librarian of New Yoik State promises to make full enquiries into the matter ; but another official says : " I believe that the mace was not used in the pro- ceedings of the Generr.l Assembly of the Province of New York. The inter- course between the Speaker of the Assembly and the Governor of the Pro- vince, ex officio, the President of the Council, was more or less informal. Mes- sages from one House to the other, were partly carried by members, partly by clerks. Among the latter, I find nowhere mention of a ' mace bearer," the only officer mentioned by title being the Serjeant-at-Arms. The following extract from the Journal of the General Assembly, will give an idea of how they proceeded, the occasion being the opening ul the first session after George III. became king : •"A message from His Honour the President Cadwallader Calder (acting as Lieutenant-Governor), by Mr. Banyer, Deputy Secretary : Gentlemen, His Honour the President requires the immediate attendance of the House in the Council Chamber at Fort George. " 'The Speaker left the chair, and with the Hou-'e attended accordingly, and, being returned, he resumed the chair and reported as follows : ' ... " The simplicity of this ceremony, and the above mentioned absence of such an officer as the mace-bearer from the list of Government officials, induce me to believe that the mace w.is not in use in the colony." It is highly probable, however, that as a Serjeant-at-Arms was one of the recognized officials of the HouKo at that date, further research will disclose the tact that a mace also existf^d. Vn-glnia, as might be expected, undoubtedly used a mace in its House of Burgr»;:fs. and hopes are expressed by distinguished anticpiariansof the State, that some trace oi its C(mtinued preservation may yet be discovered, although not unmixed with fears that, in the rage for the destruction of all royal sym- bols which followed the Revolution, the mace itself may have been destroyed. Colonel MiRae, the State Librarian, finds a record, in the printed journals of the Virginia Assembly, of an order of that body, in or about the year 1783, for th* sale of the mace, and the disposition of the proceeds of the same in the State treasury, and there is little doubt that, in the then temper of the Legis- lature, thiA o»'der was strictly obeyed Whether the mace, when sold, was broken up, whuh is probable, or preserved, cannot now be ascertained. The City of Norfolk, Va., possesses a silver mace which was once believed to be the missing one belonging to the House of Burgesses, but it is incontestably proved to nave been presented by the Hon, Robert Dinwiddle, the Lieut. - Governor of Virginia, to the corporation of Norfolk, in 1753. It is forty-three inciies long, weighs six and a half i>oiinds, and is of pure silver. It is sur- mounted by the crown, orb and cross, and bears the combined quartering of 101 and never ih forms in (lumbia we ;ed States, ein, which )ected in a arch of the its history, iampshire, 1680, on a [t probably the records licity ; and introducing )rd no proof state Libra- ;dingH, hav- V ready for to a mace, i here as in (cratic. The il Chamber) ition." The the matter ; in the pro- The iiiter- of the Pro- )rmal. Mes- bers, partly btarer,' the le following idea of how fter George ,ld©r (acting jGentlt-men, lie House in iccordingly, ^nce of such induce me [y probable, Icin-ls of the n^ace also ts House of |f the State, ], although royal sym- i destroyed. I journals of year 1783, lame in the the Legis- sold, was lined. The leved to be pontettably the Lieut. - |forty-threo It is sur- irtering of Great Britain. During the recent war between the North and South, it was carefully hidden in the vault of a bank, and so kept from despoiling hand.s at a time when the scarcity of hard money made bullion of enormous nominal value. In as far as these inquiries have extended, it would sef ni that the State of South Carolina alone posseppes a mace, and although the particulars of its history nre not full, enough is known respecting it to invest it with uncommon interest. ?'rom a photoprajjh, prepared atd forwaided by order of the Gov- ernment (>f the State, it appears to be of ordinary letgtb, suimounted by crown, orb and cross, and wiili the royal arms upon the cup, which carries the usual jewels, and has an ornamental border t)f t/curs-dc-lys, alternating with Maltese crosses. The shaft, like that ot the mace at Ottawa, has raised bands, running spirally from base to cup. The cui> is supported by floriated brackets, instead ot nude figuies, as in many other macfs. Accompanying the photo- graph of the Carolina mace is one of a fcword of state used in old colonial times State ceremonies. Hon. W, P. Miles, President of South Carolina College, says : "I wish it was within my ability to give you any definite infoimation in regard to the nr.ace now in the State Cajiitol. In some way, I received the impression that it vas brought over about 1721), when the Proprietary Gov- ernment went out and the Royal Government took its place. But I do not recollect from what source the inipression came. Up to 1G92, the Acts purport to have been done in Open Parliament ; after that (late it was in Open Assem- bly. It may, therefore, be that the mace came with the first Parliament, and was used during the Proprietary term. I have searched all the Tax Acts up to 1772 to see if an application was made for its purchase, but have not found one. That year was taken as a starting point, because pointed the president of the U. S. Bank, he found the mace in the bank, and, having given $500 for it, returned it to the General .Vssembly, wheie it has been, as I recollect, since 1822. The mace, I have heard, was a gift from the King to the Colonial Assembly, and it is possible the sword was also. I have never known the former used in the House, but the latter has always been borne by the Sheriff of Richmond on the inauguration of the Governor; certainly since 1822." Another authority states that the mace and sword are now used at the inauguration of the (iov- ernor. but not at the sessions of the General Assembly at other times. From Rhode Island, Pennsylvania, North Carolina, and Maryland, no answers have been received, and in the absence of them, and of access to the necessary records, it is impossible now to state whetlier the mace was recog- nized in these Provinces or not. The writer set out with the intention of throwing some light upon the use of the mace in Canada and the United States, but feels, while reluctantly closing this pajier, that he has but half completed his task, and that hw «tands •It the threshold of a consideration of the parliamentary forms brought from the Motherland, and engrafted ujum American modes of legislation, which it suggests. If he succeeds in directing the attention of however small ainimber of our students of Political Science to a matter which must possess some interest for them, he will feel thai Lis object has been gained, and that he has been warranted in (ilacing this additional pebble upon the cairn of Canada's history. K u n z _^ iJ! - 1 162 FORM "A." SeeirnxjeSa. Notice nf inttntion to hdrodvce ti Bill. * Mr. gives notice that he will, on to inti'oduco a Bill to amend the Act, next, move FORM "B." See pane S6. Motion upon introdndion of u Bill. Mr. moves, secoiuUd by Mr. , that leave he given to introduce a Bill intituled " An Act to amend the Act," or, "An Act to iniorporate the Company {as tlir case m.itj be) and that the same he now read the first time. FORM "C." Seepnije28. Mot ion for three mouths lioist. Mr. moves, in amendment, seconded by Mr. That all the words of the Motion jifter the word "Th>.t" he struck out and the following sulMtituted therefor, or, irrsi vted in lieu thereof " tlie Bill he not now read the second time, l>ut oe read tlie second time on this day three nu)nth8." FORM "D." Seepage 40. Notice of amend ment to Primte Bill in full House, i- Mr. gives notice that he will, when the House is in Committee of ihe Whole, or, ujtoii the motion for the third reading;; of Bill (No. ), To incorporate, etc., {short tittc), move to amend the same by inserting, or striking out, the lo lowing (as the atse maij be.) l!».V. i !!1f ■4- \ i i 1 I y i ■ -5 ! ' .t| m\i Ji FORM "E." See page 2fi. Notice of Motio)i for an Address for Return of Papers. Mr. gives irotice that he will, on next, move that an hundile Address be presented to His Honour Ihe Lieutenant- Governor, ])raying that he will cause to be laid before this House a Return of copies of all (.)rder8 in Council, correspondence, etc., re at- ing to, or in the matter of, etc. *No notice is necepsary for the introduction of a Private Bill, as it is done when Petition is reported to the House by Standing Orders Conunittoe. tNo notice necessary in case of a Public Bill. If it is the wish to amend .i Private Bill before Standing Committee, then file a copj', with the proposed amendments inserted, with the Clerk of Committee. ~»4iE«MM< next, move at leave he tany {os tlif " be struck lievi thereof the second louse is in reading of anieiul the (sc mail '"^O /'.s. las it is done ittee. I to amend ii lie prDposeti 1G3 FORM "F." See page 28. Notice of Motion for an Order of the Home for a Return of Fapers, etc. Mr. gives iiotico that he will, on next, move for an Order of the House for a Return of copies of all corres- pondence, papers, etc., relating to, or, in the matter of, etc. « FORM "G." See page 17. Notice of intention to nsk a Question of Ministry or Member. Mr. gives notice that he will, on next, enquire of the Ministry. Has, is, or if, etc. FORM "H." See page ^'o. Motion in Amendment. Mr. moves, in ameiidmont, Hocoiided by Mr. , That all the words of the projxLsed amendment (or of the unicndment to the ro/M'/ii/mcnf) after the word "That" be struck out und that instead thereof there be inserted the following, (tr, tliat the following bo sul)- stituted therefor, or, inserted in lieu thereof, in the opinion of this House, etc. FORM "I." Seepage 16. Notice (f Henolutioii. , Mr. gives notice that he will, on next, move the following Resolution : That in the opinion of this House, etc. ili H U o z P 11 INDEX TO DECISIONS OF MR. SPEAKER. Address : ' • An address for information relative to certain matters beyond the control of the Provincial Goveniment ruled in order.— 103. Amendments : An amendment differing in form, but identical in purport with an amend* ment already rejected, cannot be entertained.— 90. An amendment to a substantive motion, striking out all but the word " That," and on a cognate subject, is in order. --91. An amendment on third reading, identical with one rejected on reception of Rejwrt of Conniiittee ci the Whole, is declared out of order. — 91. An indefinite amendment, and one not conveying accurate instructions to a connnittee, cannot be entertained. -93. An amendment, similar in wording, but differing in fact from a previously rejected amendment, is in order. — 94. An amerdment involving the expenditure of public money cannot be entertained. — 99. An amendment which diverts public money from purposes recommended by the Crown, cannot be passed.— 99. An amendment, substantially the same as one already del)ated upon and disposed of, cannot be submitted.— 101. It is not in order to move an amendment to an amendment to the motion to go into a Committee of Supply. — 105. An amendment seeking to divert Public Revenue, is out of order. — 109. An amendment to an amendment concluding with the words, " That the said resolution be now concurred in," is out of order, as partaking of the character of the " Previous Question."— 109. • An amendment which declares some principle adverse to the measure, or is otherwise opposed to its progress, may be moved to the Third Read- ing of a Bill.— 110. An amendment of which no notice has been given, cannot be made in a Private Bill on its Third Reading.— 112. X. u o z IGG An amendment identical with one already di^poHed of ia out of order. — 112. Upon the Second or T'hird Reading of a Bill, amendments may be moved declaratory of any principle adverse to the Bill or opposed to itH further progress. But an amendment, to be in order, must relate xo some provision of the Bill. — 112. An amendment, in substance, but not in precise form, the same as one already passed i;pon by the House during the same eession, is out of order. — 117. An amendment to an amendment, adding words to the amendment, hav- ing been put and carried, a motion to strike out the first part of the amendment as amended, is out of order. — 120. A proposed amendment to a Private Bill, if no notice has been given, is out of order. — 121. The House having amended an amendment, and passed the original motion as amended, no further amendment, involving non -concurrence, can be put. -122. An amendment of similar character to, and yet going further than the original motion, is in order. — 123. An amendment to the amendment to the motion, " That Mr. Speaker do now leave the chair, "is in order, except when going into Supply. — 127. No amendment can be moved on the Second Reading or other stage of a Bill, by way of mere addition to the question. — 128. An amendment of the same purport as one already rejected cannot be put. -97. An amendment should be so framed as to leave out certain words ; to leave out certain words in order to insert or add others ; or to insert or add certain words. — 129. Bills : The House decides that when in Committee of the Whole on a Bill, the first section must be first considered. —92. A change of names, by the Private Bills' Committee, in the preamble of a Private Bill, is in order. — 90. The Chairman decides that a section of a Bill, giving power to expend public moneys, may be considered, if applying to charges hereafter to be provided for by vote in Committee of Supply. — 92. A Bill to a-nend the Ontario Medical Act declared to be a Public Bill. -94. A Bill to make the Bencheia of the Law Society, elective by the Bar thereof, declared to be a Private Bill.— 94. Notice must be given of proposed amendments to a Private Bill.— 95. A Bill to unite the County of Perth for Registration purposes declared to be a Private Bill.— 99. order.— 112. ly be moved ,o itH further ate lo some lame as one n, is out of , dment, hav- part of the een given, is ginal motion iurrence, can ler than the , Speaker do lupply.— 127. er stage of a mnot be put. words ; to or to insert 1 a Bill, the eamble of a to expend lereafter to >ublic Bill. by the Bar jl.-95. Ideclared to 167 A Bill authorizing expenditure of Public Moneys refused introduction because approval thereof, by the Lieutenant-Governor, had not been communicated to the House. — 99. A Bill is in order which leav»>9 the amount of a proposed salary in blank and does not impose a burden.— 100. A Bill amended in Railway Committee objected to, as containing pro- visions not prayed for in petition, is sent back to Committee on Stand- ing Orders, and it is recommended by that Committee that, with regard to such amendment, the Rules of the House be suspended. — 100, Notice must be given of amendments to a Private Bill. — 95. Amendments may be moved to Third Reading of a Bill. — 113. It is in order for the House to refer to the Committee on Standing Orders, a Bill amended in Committee on Private Bills.— 110. Notice must be given of amendment to a Private Bill on its Third Reading -108. Amendments may be moved on Third Reading of Public Bill.— 113. On Second Reading or other stage of a Bill, no amend nnent can be moved by way of mere addition to the Question.— 128. Charges on Rkvenue : A Bill may furnish michinery for ^xpeaditure of Public Moaey, without direct recommendation of Crown, if charges tiTeunder are to bs pro- vided for by vote in Committee of Supply.- 116, 117. A proposal for the free distribution of statutes to magistrates regarded as a charge on the revenue. — 9H. As timber yields revenue, no question as to the disposal of it can be enter- tained without the recommendation of the Lieutenant-Governor. — 92. A motion seeking to interfere with the collection of revenue from Crown Lands objected to, but decision reserved and not afterwards given. —93. No important variation can be made in the purposes for which a grant of money, recommended by the Crown for a specific purpose, can be put, without a fresh recommendation. — 103. Where there is no variation of the d-)stinition of a fund, "and no change in the purpose ftr which it wa^origiaally intended, there is no necessity for a new recommendation. — 106. A motion seeking to cimrait the Hiuse to a future expenditure of money, without a recommendation from the Crown, is out of order. — 107. An amendment seeking to divert Public Revenue is out of order. — 109, -^ debate upon a motion involving a charge upon the people, cannot be presently entered upon.— 111. 168 A proposed interftirenco with an expenditiire li Public Money recom- mended by the Crown, not in order.— 114. A Hill inakin;? no definite appropriation of, or charp^es upon any part of the Public Revenue, may be read a Hecond time, without a recommen- dation from the Crown ; but if, in itn paiaage through the House, it 's sought to make a Bpecific charge upon the people, such charge must be recommended in the usual way. - 1 15. Abstract resolutions upon matters affecting the revenue are of doubtful propriety.— 111. COMMITTKKS : Concurrence in the report of a Special or Stdnding Committee must be moved, if it makes recommendations. If no special recommendations are made, and no member objects to the report when presented, it is regarded as concurn^d in. — 124. Concurrence is not necessary upon a report containing no recommendation, —127. "ho fact of a Committee of the Whole having risen without rejjorting a Bill or (>th'?r matter, does not prevent a motion for replacing the measure upon the Orders of the Day. - 95. Several instances of Committee having risen without report. — 9(5, Debatk : An arrangement made by the House for permission to speak tantamount to an order. —93. Decision hy the Clerk : House not properly constituted for the n^ception of documents, until election of Speaker. — 129. Letters : A letter may be read in the House without disclosure of the signature thereto, if the member reading it assumes responsibility for its con- tents. -1 13. Motions : A Motion must correspond with its Notice. —98. A question which has passed in the negative cannot be again proposed in the same session.— 103. Motions of an abstract character, in regard to particular branches of taxa- tion, are inadvisable.— 104. A case in poinr. — 105. A question already decided cannot be again put. — 118. The House having declared that a considerable extension of the Franchise is especially a subject upon whioli the people ought to be consulted in a coming election, any proposition tv. now admit large numbers of persons to the Franchise cannot be entertained. — 117. oney recom- iiiiy part of 1 recoinmen- House, it '8 irf(e must be of (If)ubtful tee must be umendations senteil, it is ameudatioDi reporting a eplacing the 9(). mtainount to menta, until le signature for its con- proposed in lies of taxa- 169 Mental Incapacity : In case of ptTmanent incapacity oi a member, thruugli incurable menta malady, reported by Committee on Privileges and Elections, no notice of a motion for the issue of a Writ is necessary.— 119. Papeus : A proposal to lay a paper upon the table, and that it b uow read, declared irregular . —120. Pkcuniauy Intkkeht : Votes of certain members on an Assessment Bill objected to, because sup. posed to have pecuniary interest therein, but admitted because Bill was of public character. — 95. PETITrONS : No Petition can V)e received i)raying for a grant not previously recom- mended by the Crown.— 94. A Petition may be received which asks for legislation prohibiting sale and use rf intoxicating liquors. — 100. A Petition praying for a grant from the Public Treasury cannot be re- ceived.— 102. A Petition cannot be read on presentation, unless by common consent j but it is read at length by the Clerk at the table, two days after pre- sentation, if desired. — 124, 125. Powers of Leglslaturk : The regulation of the Sale of Poisons is within the powers of the Provincial Legislature. — 95. A Bill to prohibit the Sale of Intoxicating Liquors as a beverage is not within the powers of the Provincial Legislature. — 100. Pberogative of the Crown: A Bill seeking to fix the date for meeting of the Legislature declared to be an interference with the Prerogative of the Crown. — 108. Previous Question: v Mr. Speaker decided that " The Previous Question " cannot be put when an amendment is under consideration.— 103. The Previous Question put. — 103. Supply : The advisers of His Honour, the Lieutenant-Governor, are responsible for communications from him respecting the matter of Supply.— 114. Franchise insulted in kumbers of Ai A& INDEX TO MEMBERS MANUAL. Absenck of Speakkr : Provision in case of— 50. Accountant of House. —68. t Accounts and Papers.— 28. Orderof House for Papers.— 28. Address to Crown for Papers.— 28. Address : Mover and seconder, passaRe of, etc . since confederation. -65, 66. Adjournment : Rule respecting adjournment,— 47. A member cannot move adjournment of Debate and Hou8e.-47. Amendment to a motion to adjourn. -47. On motion to adjourn, cannot discuss an Order of Day. -47. No reference to former debate permitted. -47. - . Irregular to use motion for adjournment to prolong debate. -48. An amendment relating to some other matter cannot be proposed.-48 Member who has spoken in debate cannot move its adjournment.-48. Adjournment may supersede a stage of a Bill.-48. Cannot move adjournment while another is speaking. -48. No names recorded on motion to adjourn. -48. Counting out.— 48. Adjournments on death of members. -49. Admittance to Floor AND Galleries.-U. Amendments : - What is an amendment ?— 25. Time for moving.— 25. wmmn 11:.*. 172 Muut be seconded.— 26. Wlien Beconder not neceHsary. — 26. Wordrt added cannot bo Htruck out.— 26. Words may be added after amendment. — 25. Repetition of Question inadmissible. — 25. Sul)otitution for motion cannot be moved until amendment s with< drawn, — 26. Amendments omitting matter of recital in original motion in order, — 26. No priority because of notice. — 26. Further amendment permissible.— 26, Amendment must be relevant to motion. — 20. Cannot leave out all the words of amendment.— 26. When amendment to amendment is not in order.— 26, When notice of amendment is unnecessary. — 26. Notice of amendment to Public Bill unnecessary. —27. Resolutions rejjorted maybe amended. — 27. Amendment cannot increase proposed burden. — 27. Different appropriation -^f funds out of order,- 27. AmendmentH may leave out all but the first word " That." — 27. Member may s;^ieak to amendment.— 27. Cannot speak to motion and afterwards move amendment. — 27. Cannot speak to motion after proposing an amendment.- -27. Mover of amendment has no right to reply.— 27. American practice.- 23, Annual Session op Parliament,— 74, Twelve months shall not intervene between sessions, —74. Appendix,— 153, Assembly Legislative,- 9, Ayes and Noes,— 29. Bills : Estate. —45. Illegal promotion of — 49. No member or partner shall recei ^'e remuneration for promoting a Bill. — 49. 173 it H with- fder. — 26. -a Bill.— 49. Tht! offer of money to a member for his influence a high crime. — 49. Offer of a bribe puniehable aa a breach of privilegn.— 60. BiLLH, PkIVATK ! What are they ?— 42. Power of Provincial Legialatvire as to— 42. And Kailway.— 42. Petitions for— 43. Six weeks notice of— 43. In duplicate.— 43. Against.- 48. Received within first ten days of session. — 43. Sent to Committee on Standing Orders.— 43. Copy of Bill and one hundred dollars to be sent to Clerk.— 44. Bill ijresented within first seventoen days of session. — 43. Reported within thirty days. —43. Relating to Railways. — 44, 46, Notice respecting — 44. Information required as to tolls to be imposed by — 44. Maps and plans relating to— 44. First Reading of— 45. Promoters and opponents of, heard by Committee. — 46. Chairman has casting vote on, in Committee. —46. Second Reading of, after report by Committee. — 46. Reprinted when amended.— 46. Two days' notice of proposed amendment to— 46. Fees on, in some cases remitted. — 46. On Orders cf the Day.— 47. Preamble of first considered.- 47. Royal Assent to — 47. Procedure on in House, as with Public Bills. — 47. As Estate Bills.— 45. Report of Commissioners thereon. — 45. Five days' notice necessary before consideration by Committee.— 46. ^mt 174 Bills, Publio ; Introduced pro forma. —10, Bills, Public and Private.— 36. First Reading.— 36. Unusual to oppose First Reading. — 36. Name of mover and date endorsed on Bill. — 37. Reading Title.— 37. Second Reading.— 37. Reference to Committee. —37. After report. — 37. Third Reading.— 37. Passing and Title. — 37. Bill forwarded to Law Clert" — 38. Royal Assent thereto.— 38. Procedure in Committee. — 28. If no amendment proposed, clause put. — 38. If amendment offered.— 38. When amendment should be ottered.— 38. Putting an amended clause. —38. New clauses. -39. Notice of amendment to Public Bill unnecessary.— 27, 39. Bill may be recommiti,ed.— 39. Signature of Chairman. — 39. A lejectbi 1 .11 cannot be re\ ived in same session. — 39. No addition to motion for Second or Third Reading.— 39. Clauses initiated in Committee of Wtiole. — 39. Amendments to any part of a Bill admissible. — ?9. Amendments must be consistent.— 39. A rejected amendment caanot be again offered in Comn^ittee. — 39. Amendments at Third Reading.— 39. ReinstateJ in Orders of the Day. — 40. Passed with unusual speed. — 40. Royal A- sent refused. — 40. C Ci Ci Cl Co J m I 175 BiLi^ Reshrved.— 41, Bills Disallowed : Powers of Legislative Assembly.— 41. Supply. —41. Escheats and forfeitures.— 41. Administration of ju8tice.—4]. Rivers, Streams and C eks.— 41, 42. License duties. —42. Bye Elections since 1890.-64. Cabinet, The : The Ontario.— 52. ^ . Respon.sible government in Ontario.— 52. Appeal to elector -62. Without portfolio.— 53, Ministers combining, departments.— 53. Three Cabinets since Confederation.— 53. Ineligibility of members of H. of C, to seat in Cabinet.-53. First Cabinet.— 54, 55. Second " -54, 55. Third " -54,56. Chairman, Mr.— 12. Clerk, The- 67. Clerk, Assistant.— 67. " Law,— 68. Closing o*^ Mails.— 80. * - Closure OR Cloture.— 81. COJIMITKEES : Definition of a Committee. —30. ' Power to compel attendance of witnesses.-Sl. Oath? to witnesses.— 31. Form of oath.— 31. Power of Assembly to punish.— 31. Tampering with witnesses.— 31. f 176 False evidence.— 31. Disobedience to subpoena. — 31. Presenting false documents. —31. Falsifyingf records, etc. — 31. Before whom affidavits to be used before committee may he made. — 32. Payment of witnesses. — 32. Certificate that the evidence is material and important.— 32. Certificate to be renewed.— 32. Certain witnesses not to be paid. — 32. Committer? of the Whole House. — 32. Select Committees.— 33. Reference to proceedings before- 33. Report out of order. — 33. Standing Sessional Committfes.— 33. " " •• titles of —33. When Committee of the Whole is necessary. — 33. Rules of Debate in Committee. — 34. Questions oi order in Committee. —34. Seconder unnecessary in Committee. — 34. Previous Question inadmissible in Committee.— 34. Cannot adjourn in Committee. — 34. A motion for Chairman to leave chair supersedes business of Com- miltee.— 34. f Votes in Committee. — 34. Reception of report. — 34. Quorum in Committee. — 35. Disposition of existing charges need not originate in Committee.— 35. Member excused from attendance. — 35, Exceptional permission to sit during sitting of House.— 35. Committee ordered to report evidence. —35. Sessional order respecting — 35. Dkc Dec Disi .. ] Divi 1 i 1 A T ^^. 177 Dkbate : Interruption of —20. Explnnation permitted during— 20. Explanation permitted when misunderstood. -20. Moving adjournment of— 22. None after members are called in for division.-20. Allusions to i)revious -21. Out of order, if without motion. -20. Permission to speak a second time during-21. Words taken down in— 21. Objectionable words in- 21. ' Naming a member " during— 21. When a reply is allowed during-21. Reply to charges made elsewhere, irregular duri„g-21. May speak to point of order or privilege during- 22. When a member must withdraw during-22. A motion to adjourn during, er,uivalent to 8peaking.-22. ^ When relevancy of, not insisted on -22. Reference to proceedings of Committees during, out of order.-33. On Second Reading discussion of clauses inadvisable. -23. Question to be read during, if requ.:red.~23. Dkczsxons ok "Ma." S...kku.-89. (See Index thereof.) Decision BY THE CLKUK.-129. Distribution OK PuHLio Documents. -74 - Number of reports, etc.— 76. Divisions : Putting the Question. —2l\ Ayea and Noes.— 29. *• ' Yeas and Nays.— 29. Excused from voting, if " paired. "-30. Announcement of result— 30. Pecuniary interest. —30. Must hear question put. —30. 178 No record of names in divisions on adjournment. — 30. Remain seated until result of division is ann(iunced.--30. DUHATION OF KAt'H SkHSION SINCE UoNt'KDEB.VTlON.— 65, (5(5. Duration ok Parliamknt.— 74. Elected for four years.— 74. Not dissolved by demise of Crown.— /4 Elections, General, in Ontario since Confederation.— 61. Votes cast at, in 1890.-62, 63. Elections, bye— since 1890.— 64. Estate Bills.— 45. Etiquette of Hocse: Obeisance to Chair. — 11. Messajfe from Lieutenant-Governor. — 11. Entrance of Lieutenant Governor, — 11. Ad j our nment. — 1 2. Order after a Division. — 12. Ought not to pass between member speaking and the Chair.— 12. Ought not to pass between Speaker and Mace. —12. Position of the Mace. — 12. Removal of strangers. — 12. "Mr. Chairman."— 12. Selection of seats. — 12. First business of session.- 13. Disresijectful allusions forbidden. — 13. Reading speeches. — 13. Conversation. —13. " Hear, hear. "-13. Introduction of member. — 14. Admittance to floor and galleries. — 14. When " Mr. Speaker " rises, — 14. Member called to order.— 14, First Readings.— 36. FoBM OF Speaker's Warrant. —59, y yr. J .0 179 Forms, various. See pages 162, 163. Gkneral Elkctions since CoNB'EDEBATI0N.-61. General Elections, 1890. Votes cast at-62, 63. Honorable, Title ok -82. Housekeeper, The— 68. Ii-tEOAL Promotion of Bills.— 49. Interruption of Debate. -20. Introduction of a Member. -14. Irregular Questions. -17. Legisla'iive Assembly : Inanition of each Session of. -9. How meeting of is called.— 9. Letters : Subject to postage.- 79. Library, Rules OF.- 83. Librarian. -68. Likut.-Govervor, Salute OF. -78. LiEDT. -Governors, List of.— 77. List OF Speakers OF Ontario. -58. List OF Premiers or Ontario. -58. Mace, The.— 78. History of. -153. Position of. — 12. Mails: Closing of.— 80. Members: Payment of.— 72. "^ Introduction of —14. Declaration to obtain sessional allowance. -72. Ineligible as.— 8. Sureties not eligible as. —6. ' Resignation of.— 60. Called to order.— 14. "Naming." !i w UUi 180 Mbssengekk : M1LEAOK.-72. Motions : Must be written and seconded with certain exceptions.— 23. To conform to notice.— 23. Speaker will check if contrary to rule. — 23. • May "stand. "-23. Cannot be withdrawn without perinii-Kion. -23. For apijropriiition of public revenue not in order unless recommended by Crown. — 24. Not renewable when judgment thereon has been expressed during current Besaion.— 24. Of adiournment. — 24, That orders of the day be now read. — 24. For Accounts and Papers.— 28. For Order of House.— 28. For Address to Crown. — 28. Notices of. — 16. How to evade.— 24. , "Naming " a member.— 21. Notice to Speaker of vacancy. —59. NoricKS ov Motions : Two days necessary. — 16. Dispensed with by unanimous consent. — 16. Resuming discussion on, after (J p.m.— 17. " " " adjournment.- -17. None required for certain motions.— 17. Oaths.— 71. As to payments other than through agents.— 71. Of Allegiance.— 71. OFFICKUa AND SeBVANTS.— 67. Clerk. — S7. Clerk -Assistant.— 67. Sergeant at-Arnis.— 68. Law Clerk. — 68. Postmaster. — 68i [librarian. — 68. Housekeeper aod Chief Messenger. — 68. — ^ 181 Order op the House.— 28. Order of Procedure.— 18. Daily Routine,— 18. FirHf ReadingH.— 18. Orders of day.— 18. Third Readings. —18. Considerations of amendnientH to Bills.-is. Private Members' days. —18. Government days.— 18. l>ropped orders.— 18. Order of business after daily routine. -18. Pages.— 74. "Pairs."-51. Paired.- 30. Payment OK Members.— 72. Sessional indemnity of.— 72. Deductions for non-attendance. -72. Partial payment during 8es8ion.-72. Mileage.— 72. Declaration as to attendance. -72. Declaration to obta-n Sessional allowance. -72. Payment ok Messengers. -74. " Payment OK Witnesses.— 32. " Pecuniary Interest.— 30. Petitions : Signatures to. — 15. Presentation of.— 15. , Endorsement of.— 15. Rea. :.7? of.— 15. Form nf.— 15. Must not ask money aid. -16, Postage fieo. —80. ijpip mm m 11; i' i 182 Postage : All letters subject to. -79. Printed matter mailed free of,— 80. Petitions, addresses, etc., free of.— 80. Statutes and Library books subject to. —80. Departjiiental Reports delivered free of in U. 3.— 80. Letters must have name or initials of sender on envelope. —79, Envelopes covering Bills must not be sealed. — 79. Closing the mails.- 80. Po.STMASTKlt.— 68. - . POWKHS OF PaOVlN0£AL LKaWLATURK AS TO PllIVATE BiLLS. — 12. Pkaykrs.— 69. PUECKDENHK IN (JaNADA.— 87. - PuKMiBiia, Li.sT OP.— 58. Prbvious Question. ~52. Precludes further amendments. -52. C mnot be put when amendment before Houso. —52. No amendment to he moved in nature of. —52. Printki) Matter : Mailed free.— 80. Private Bills.— 42. Procedure, Order ok.— 18. Propkrty Qualification : Unnecessary for members. -8. Prorogation.— 10. Public Bills.— 36. Putting the Question. --29. Questions : Notice of.— 17. , What may Iw put. —17. No argument or opinion to be offered when putting. —17. Irregular.- 17. QuRST'ON, The Previous : Precludes further amendment, but cannot be put when an amendment is before House. —52. 183 No Amendment can be moved to. -52. No Amendment to be moved in nature of.-52. Rkpkkskntation in 18«7 and 1891.-8. Rksiqnation of a MkMI)K||._60. Royal AssKNT.- 11. RPLKS OF LeoISLATIVK A8SEMBI,V.-131. Ii dex to.— 147. Rules, ar.spKNsioN ok.— fi9. • Eegardin, ex.e„,b„ „( «„„, ,., „„,,^ „,,„^, ^, Co,„„,,t.».-« In case of urgent necessity.— U9. Sai.utkto Lt. GovKnNOR.-78, Seat : Preliminaries to taking. -9. Seats, Selection of.— 12. Second Readings.— 37. Sergeant- AT- Arms.— 68. Sessional Indemnity.— 72. Single Chamber.— 6. "Speaker, Mr." : Selection of.— 9. / Returns thanks.— 10. Accepted by Lt. Governor. -10. Absence of.— 50. In case of illness of.— 50. May call member to Chair. -50. Assembly may elect for Day. -50. Warrant of.— 59. Will check motions contrary to rule. -23. Speech from the Thhone.—IO. Speeches, Reading of.— 13. Stationery for Members.— 80. STAffUTHs Subject TO Postage. -80. Strangers.— 12. Supply Bill.— 11. 184 SUSPBNHION OK R0LK8.-<)!}, For extension of time for certain purpoHcm, inuat be upon report of two Comm ittees. — 69. For reception of Petition must be recommended by Committee on Stand- ing Orders.— 69. For printing, distribution and posting, upon report of Standing Committee. — 69. Due notice of must be given to dispense with Standing Or'^' s relative to Private Bills. -69. Third Readings. —37. Thrkk Months' Hoist.— 28. Two Day9 Notice : Of Motions.— 1(5. Of amendments to Private Bills.— 46. Warrants of "Mr. Speaker."— 59 Witnesses : Payment of. -32. Tampering with. — 31. "Whips": Duties of. — 60. Yeas and Nats.- 29. aport of tw<) ee on Stand- Committee. 8 relative to