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 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 <o 
 
 SCHOOL OF LAW 
 LIBRARY
 
 ^£^2^2<i 
 
 A TREATISE 
 
 PROCEEDINGS TO BE ADOPTED 
 
 IN CONDUCTING OR OPPOSING 
 
 PRIVATE BILLS 
 
 IN THE 
 
 £qrifr|fQ6i)f of €mh; 
 
 AND THE 
 
 STANDINGS ORDERS OF BOTH HOUSES 
 
 IN RELATION THERETO. 
 
 BY ALFKED TODD, 
 
 CHIEF CLERK OF COMMITTEES AND PRIVATE BILLS, 
 HOUSE OF COMMONS. 
 
 FOURTH EDITION, 
 
 ( Prepared for the use of the Legislature of the Province of Queuec.) 
 
 OTTAWA : 
 
 HUNTER, ROSE & COMPANY 
 
 1869.
 
 
 Entered according to Act of the Parliament of Canada, in tho year 1869, by 
 Alfred Todd, in the Office of tho Minister of Agriculture. 
 
 3?^ SI 4
 
 f 
 
 ^ 
 
 TO 
 
 THE HONORABLE CHRISTOPHER DUNKIN, M.P., 
 
 Qlttxmxn of tije probitue of (&utfcte, 
 
 THIS VOLUME IS INSCEIBED, 
 
 IN TESTIMONY OP THE MANY VALUABLE IMPROVEMENTS SUGGESTED 
 BY HIM, PROM TIME TO TIME, IN PRIVATE BILL LEGISLATION, 
 
 AND ALSO, 
 
 AS AN ACKNOWLEDGMENT OF MANY ACTS OP KINDNESS TOWARDS 
 
 THE AUTHOR.
 
 PREFACE. 
 
 The first Edition of this work was published in 1862, in the 1st 
 Session of the 7th Provincial Parliament of Canada. It contained 
 suggestions for certain changes in practice, upon which the Legis- 
 lative Assembly took action in the same Session, and made such 
 alterations in their Rules as were deemed advisable. Anew Edition, 
 embracing these changes, was, by desire of the House, prepared and 
 and published after the close of the Session. 
 
 In the first Session of the Parliament of the Dominion, the 
 system of Private Bill Practice that had obtained in the Provincial 
 Legislature was adopted, with some important modifications suggested 
 by the Hon. C. Dunkin, a Member of the House of Commons (to 
 whom the present Edition of this work is inscribed) ; and a new 
 Edition was prepared for the use of Parliament. 
 
 Upon the meeting of the Legislature of the Province of Quebec, 
 a series of Rules in relation to Private Bills was adopted (at the 
 instance of the same gentleman), that was substantially the same as 
 those of the Canadian Parliament ; and the Edition of this work 
 now issued was prepared under the authority of the Legislative 
 Assembly, for the use of the Legislature of Quebec. It is based on 
 the latest Canadian Edition, and contains notes directing attention 
 to the few matters of detail in which the practice of the two Legisla- 
 tures differs. 
 
 Ottawa, January, 1869.
 
 PREFACE TO THE THIRD EDITION. 
 
 In the first Session of the first Parliament of the Dominion, the 
 Rules and Practice in force in the old Province of Canada with 
 regard to Private Bills were adopted by Parliament, with some 
 modifications in the details, which, though of importance in their 
 place, effected no material alteration in the system. These are all 
 embodied in the present Edition of this work; and as no clearly 
 defined Private Bill system of practice has prevailed in the Local 
 Legislatures of Nova Scotia and New Brunswick, the precedents 
 referred to are all taken from Canadian practice ; they include 
 those given in the last Edition, and others gleaned from subsequent 
 legislation, both in the Provincial Parliament, and in the first Ses- 
 sion of that of the Dominion. 
 
 In the course of the last mentioned Session, it happened upon 
 several occasions, that doubts arose as to the true interpretation of 
 those provisions of the "British North America Act" which placed 
 certain classes of subjects under the exclusive control of the General 
 Parliament, and of the Provincial Legislatures, respectively. A 
 chapter has therefore been added, on " Legislative Jurisdiction," in 
 which mention is made of the various questions that arose from 
 time to time, and the course taken thereon ; and certain observations
 
 Yll 
 
 and suggestions are offered, in the hope that some plan may be 
 devised for obtaining a more definite interpretation of the Imperial 
 Act in this respect. 
 
 The authorities cited in explanation of the Imperial practice, 
 are : — 
 
 Keport on the practice of the House of Commons upon Private 
 Bills : with suggestions for the future regulation of Private Busi- 
 ness in the Legislative Assembly of Canada. By Alpheus Todd, 
 Librarian to the Legislative Assembly. (1847.) 
 
 Beport from a Select Committee of the House of Commons on the 
 Business of the House. (1861.) 
 
 May on the Law, Privileges, Proceedings, and Usage of Parlia- 
 ment. Sixth edition. (1868.) 
 
 Sherwood on the proceedings to be adopted in conducting Pri- 
 vate Bills through the House of Commons. Third edition. (1834.) 
 
 Frere's Practice of Committees of the House of Commons, with 
 reference especially to Private Bills. (1846.) 
 
 Bristowe on Private Bill legislation in the Imperial Parlia- 
 ment, (1859.) 
 
 House op Commons, 
 
 Ottawa, November, 1868.
 
 CONTENTS. 
 
 PAGE. 
 
 1. Preliminary Observations 1 
 
 2. Definition of a Private Bill 7 
 
 3. Legislative Jurisdiction regarding Private Bills 13 
 
 4. Parliamentary Agents 29 
 
 5. Petitions for Private Bills 32 
 
 6. Proof of Notices, before Committee on Standing Orders. ...... 35 
 
 7. Presentation and first reading of Bill 54 
 
 8. Payment of Fee and charges 59 
 
 9. Committees on Private Bills, and their powers 64 
 
 10. Proceedings in Committee on Bill 71 
 
 11. Second reading of Bill 97 
 
 12. Proceedings in Committee of the whole 101 
 
 13. Third reading of Bill 109 
 
 14. Proceedings on Private Bills in tbe Senate 113 
 
 15. Royal Assent 119 
 
 APPENDIX. 
 
 I. Rules common to both Houses, in relation to Private Bills 122 
 
 II. Rules of the Senate concerning Bills of Divorce 134 
 
 III. Form of Petition to the three Branches of the Legislature, for 
 
 a Private Bill 138
 
 PBOCEEDI^GS 
 
 TO BE ADOPTED IN CONDUCTING 
 
 PEIVATE BILLS 
 
 THROUGH THE 
 
 PARLIAMENT OF CANADA, 
 
 [WITH NOTES APPLICABLE TO THE PRACTICE IN THE LEGISLATURE OF 
 QUEBEC.] 
 
 1.— PRELIMINARY OBSERVATIONS. 
 
 The distinction between Public and Private Distinction 
 
 -r»-n it i between 
 
 Bills is one that has been recognized and acted Public and 
 upon by the Parliament of the Mother Country Bills 
 from a very early period, and the mode of pro- 
 ceeding upon the two classes of bills has also dif- 
 fered in some important particulars. In passing* 
 Private Bills, while Parliament still exercises its 
 legislative functions, its proceedings also partake 
 also of a judicial character; the parties interested 
 in such bills appear as suitors, while those who 
 apprehend injury are admitted as adverse parties 
 to the suit. 
 
 Much of the formality of a Court of Justice is
 
 2 PRELIMINARY OBSERVATIONS. 
 
 maintained ; conditions are required to be ob- 
 served and their observance proved by the pro- 
 moters of a bill, and if they abandon it and no 
 other parties take it up, the bill is dropped, how- 
 ever sensible the House may be of its value.* 
 First pro- Although this distinction was recognized by the 
 Priva n to for Legislature of the old "Province of Canada" in 
 Bills in framing Rules for its guidance at its first Session 
 
 Canada. ° ° 
 
 (in 1841) by the adoption of a provision requiring 
 two months' notice of applications for private 
 bills, and the exaction of a fee of =£20 on all such 
 bills ; and also by the appointment, every Session, 
 of a Standing Committee on Private Bills ; little 
 else was done towards the adoption of a regular 
 system of practice until the year 1846, when the 
 Speaker of the Legislative Assembly was author- 
 ized to cause an inquiry to be made into the sys- 
 tem pursued in the House of Commons, with a 
 view to the preparation of a system of Standing- 
 Orders and practice adapted to the circumstances 
 of the Province.! The result of this was laid 
 on the table of the House in the following Session, 
 Aipheu* i 11 the shape of a Report, prepared by Mr. Alpheus 
 Todd's Re- Todd, the present Librarian of the Canadian 
 
 port on r 
 
 Private House of Commons, giving a full and lucid ex- 
 
 Bill Prac- . 
 
 tke. planation of the system of practice m operation 
 
 * May, p. 633. 
 Assembly Jouru.. 1846, p. 344.
 
 PRELIMINARY OBSERVATIONS. 6 
 
 in the Imperial Parliament, and submitting a code 
 of orders and regulations such as apjjeared suit- 
 able to the requirements of Canada.* No im- 
 mediate action was taken upon this Report, but 
 in the same Session the practice of referring both 
 petitions and bills to the Committee on Private 
 Bills indiscriminately was discontinued, and 
 petitions were from that time referred to the 
 Committee on Standing Orders, for proof of a 
 compliance with the Rules of the House. In Private 
 1850, a Private Bill Office was established, in pur- 
 suance of a suggestion contained in the above- 
 mentioned Eeport, and a system of practice 
 organized, which, with some few modifications 
 subsequently in the details, is that now in use. 
 
 Up to the year 1861, no regulations had been Former 
 made by the Legislative Council of Canada con- JJ^JjJJ-jJ 
 cerning private bills, except to require an official 
 report to the Speaker of the notices given on 
 petitions, and the payment of a fee on all such 
 bills as originated in that House : but in the Ses- 
 sion of 1861, a conference was held between the 
 two Houses, which led to the adoption, by the 
 Council, of the Private Bill Rules of the Assem- 
 bly verbatim et literatim.^ These Rules were 
 slightly modified in succeeding Sessions, and, in 
 
 * Assembly Journ., 1847, p. 31. (App. B.) 
 t L. Council Journ., 1861, pp. 98, 104.
 
 4 PRELIMINARY OBSERVATIONS. 
 
 the first Session of the Parliament of Canada held 
 Practice in miL \ CT the authority of the "British North Ameri- 
 Houses ca Act, 1867," they were adopted by both Houses, 
 
 now nearly ' ' . J ' 
 
 identical, with some further modifications as regards the 
 Commons, which were not made in the Rules of 
 the Senate ; the Rules as adopted by each House, 
 will be found at the end of this work, (Appendix 
 I,) together with certain additional Rules of the 
 Senate relating to Divorce Bills. (Appendix II.)* 
 The practice of the two Houses being thus made 
 almost identical, the account given in the follow- 
 ing pages, of the proceedings on Petitions and Bills 
 in the Lower House, will apply substantially to 
 the Upper, any diversity of practice between the 
 two Houses being specially pointed out in the 
 appropriate place. It should be stated, however, 
 that the fee is charged only in the House in which 
 the bill originates,! and all expenses for printing 
 and translation being exacted at the same time, 
 no payment is recpiired to be made in the other 
 House, except in cases where a bill is ordered to 
 be reprinted, when the expense must be borne 
 
 in which by its promoters. As a general rule, private bills 
 
 * The Rules of the Legislative Assembly of Quebec corres- 
 pond with those of the House of Commons, hereto appended, 
 and are similarly numbered : the Rules of the Legislative Council 
 of Quebec correspond with those of the Senate (omitting the 
 Rules relative to Divorce Bills), — but they are numbered from 
 47 to 70, — while the Senate Rules are numbered from 49 to 72. 
 Some slight variations occur in regard to the printing of bills, 
 which are referred to in the proper place. 
 
 t 58th Rule.
 
 PRELIMINARY OBSERVATIONS. 5 
 
 may originate in either House, but it being the House Pri- 
 exclusive right of the Commons to impose and ^ay origi- 
 appropriate all charges imposed upon the people, nate ' 
 every bill which involves any tax, rate, toll, or 
 duty, ought to be first brought into that House.* 
 It has followed from this restriction that by far 
 the greater number of private bills have been 
 first passed by the Lower House .f It may be 
 worthy of consideration whether it might not be 
 desirable, in this country, also to include bills re- 
 lating to Banking hi this category, as they are 
 necessarily subject to the supervision of the 
 Minister of Finance, who has always a seat in the 
 Commons. The Lords have generally originated 
 naturalization, name, estate, and divorce bills,:}: 
 but this has not been the practice with the Upper 
 House, in this country, save only as regards 
 divorce bills, which have invariably been intro- 
 duced first into that House. 
 
 The House of Commons of Great Britain, bv a Arran £ e - 
 
 •' ment be- 
 
 Standing Order of 1858 (No. 67), have provided tweenthe 
 
 * May, pp. 437, 635. 
 
 t The House of Commons of Great Britain, by a Standing 
 Order of 27th July, 1858, have agreed " that this House will not 
 insist on its privileges with regard to any clauses in private bills 
 sent down from the House of Lords, which refer to tolls and 
 charges for services performed, and are not in the nature of a 
 tax." 
 
 % May, p. 636.
 
 O PRELIMINARY OBSERVATIONS. 
 
 twoHouses that the Chairman of Ways and Means, shall, at 
 
 for origin- ,, 
 
 ating bills, tne commencement oi each Session, confer with 
 the Chairman of Committees of the House of 
 Lords, for the purpose of determining in which 
 House the respective private bills should be first 
 considered, and report the same to the House * 
 This arrangement was the result of a recommen- 
 dation contained hi the 3rd Report of the Select 
 Committee of the House of Commons on Private 
 Bills, hi 1847. (p. 6.) 
 
 * Bristowe's Private Bill Practice, pp. 15, 73. An example 
 of the result of this arrangement will be seen by referring to the 
 Commons Journals of 1860, p. 16.
 
 2.— DEFINITION OF A PEIVATE BILL. 
 
 Every bill for the particular interest or benefit Distinction 
 
 r> t • I between 
 
 oi any person or persons, is treated as a private Public and 
 bill, whether it be for the interest of an individual, |^ t0 
 a public company or corporation, a parish, a 
 city, a county, or other locality ; * it is equally 
 distinguished from a measure of public policy in 
 which the whole community are interested, and 
 this distinction is marked by the solicitation of 
 private bills by the parties whose interests are 
 concerned.! 
 
 There is a class of bills, however, which, though Semi- 
 local or special in their operation, yethavingbeen bills. 
 solicited by persons not in the interest of the 
 parties to be affected by their operation, or having 
 been introduced upon public grounds, have been 
 treated by the Legislature as public bills. Bills 
 of this class have occasionally been introduced as 
 private, and referred to the Standing Committee 
 
 * A bill for the benefit of three Counties has been held by 
 the British House of Commons to be a private bill. 1 Commons 
 Journ., p. 388. 
 
 t May, p. 626.
 
 8 DEFINITION OF A 
 
 on Private Bills, but upon their report that they 
 were public, rather than private in their charac- 
 ter, they have been referred by the House to an- 
 other committee, and treated otherwise as public 
 bills.* It must be obvious, however, that on bills 
 of this nature, the same notice should be required 
 as upon a private bill, with the exception only of 
 such as are introduced upon some well-defined 
 principle of public policy or right. 
 
 In 1858, the Committee on Private Bills report- 
 victoria ed, with reference to a bill to attach certain newly 
 
 NewTown- , J 
 
 ships Bill, surveyed townships to the County of Victoria, 
 bij.) ' that they were in doubt whether the bill came 
 within their province, inasmuch as it affected the 
 Territorial Divisions of the Province, the Repre- 
 sentation, and the administration of Justice ; but 
 they prepared such amendments as appeared to 
 them desirable, and left it to the House to con- 
 sider whether action should be taken on their re- 
 port or not. The House took the bill into con- 
 sideration with the proposed amendments, and 
 treated it therefore as a private bill.f In 1864, 
 the same course was taken (with a like result) in 
 
 * Quebec Recorder's Court, 1856 ; Montreal Trinity House 
 (amending the provisions concerning pilotage), 1857 ; Quebec 
 Harbour (a Government Trust), 1858 ; River Welland Bridges 
 Protection, 1859 ; Caisse d' Economic de St. Roch Investigation, 
 1861 ; Rimouski and Gaspe division, 1865. 
 
 t Assembly Journ., 1858, pp. 568, 684.
 
 PRIVATE BILL. 9 
 
 reference to a Ml respecting the Common of the common 
 Huron Indians at Lorette, which was not con- Indians 
 sidered private, the Indians being under the Blll# ^ do '' 
 special protection of the Crown.* 
 
 In the British House of Commons, may be in- Passing 
 stanced the Passing Tolls on Shipping Bill (intro- shipping 
 duced in 1856), which was held to be a public m on S V° m 
 bill. It concerned the harbours of Dover, Rams- 
 gate, "Whitby and Bridlington, abolished passing 
 tolls, transferred the control of those harbours to 
 the Board of Trade, imposed tolls, and repealed 
 local Acts ; but, being a measure of general policy, 
 its character was not changed by the fact that 
 these harbours only came under its operation. 
 The Red Sea and India Telegraph Bill (in 1861), Red Sea 
 which amended a private Act, was introduced Telegraph 
 and passed as a public bill, as it concerned the BllL ^ d0 '' 
 conditions of a government guarantee.! The 
 practice in Canada has been to treat all bills re- 
 lating to the Representation,^ the administra- 
 tion of Justice, § or the protection of the Indians 
 
 * Assembly Journ., 1864, pp. 391, 478. 
 
 t May, p. 629. 
 
 t Armagh Representation, 1858 ; Peel do., 1858 ; Drum- 
 mond and Arthabaska do., 1858 ; Bill to transfer Delaware from 
 the "West to the East Riding (Electoral Division) of Middlesex, 
 1862 ; Hochelaga polls, 1863 (Aug. Sess.) 
 
 § Montreal Recorder's Court, 1852-3; Gaspe" Circuit Court, 
 1852-3; Huntingdon Circuit Court, 1854-5; Montmagny do.,
 
 10 DEFINITION OF A 
 
 and their lands and property,* however local or 
 Certain partial in their operation, as public bills, these 
 ed as pub- questions being under the especial charge of the 
 Administration, and being dealt with on broad 
 general principles. All bills relating to Govern- 
 ment Trusts or Commissions,! or public works 
 under Government control,! are likewise so 
 treated. 
 Bills in- Some bills, though strictly private, having 
 irregularly been introduced irregularly («'. e., not based upon 
 petition, in the usual way), the committee have 
 declined to proceed upon them. § In 1864, 
 
 -RrGctorinl 
 
 lands sale a bill to enable the Church Societies and Incor- 
 porated Synods of the Church of England Dio- 
 ceses in Canada to sell the Rectorial lands in the 
 said Dioceses, having been sent down by the Leg- 
 islative Council, objection was taken at the second 
 reading, that the bill was a private one, and 
 should have been brought in on a petition ; and 
 
 1858; Kamouraska Gaol and Court House, 1863 (Aug. Sess.) ; 
 Quebec "Recorder's Court, 1861 and 1865. See also May, p. 629. 
 
 * Common of Lorette Indians, 1864. 
 
 t Montreal Trinity House, 1857 ; Quebec Harbour, 1858, 
 1863, and 1867-8; Montreal Turnpike Road Trust, 1861 ; Mont- 
 real Port Warden, 1SG2 and 1863 (Feb. Sess.); Montreal Har- 
 bour, 1865. 
 
 t Northern Railway, 1859; Intercolonial Railway, 1867-8. 
 See May, p. 662. 
 
 § Rimouski and Gaspe division, 18 65 (Jan. Sess.); Quebec 
 Corporation, 1866.
 
 PRIVATE BILL. 11 
 
 the objection being sustained, the bill was not 
 proceeded with.* In 1866, objection was taken, Perth Debt 
 at the second reading, to a bill to extend the time 
 for paying the debt of the County of Perth (due 
 to the Municipal Loan Fund) that it, though a 
 private bill, affected the public revenue, and 
 should therefore have originated in committee of 
 the whole; and the objection was fatal to the 
 bill.f It has been held that a bill commenced 
 as a private bill cannot be taken up and proceeded 
 with as a public bill .J 
 
 The proceedings observed in the Imperial Par- Difference 
 liament in the passage of private bills, are neces- imperial 
 sarily somewhat complicated in their character, jitkn prac"- 
 in consequence of the numerous checks imposed tlce< 
 for the protection of the many interests which 
 they may affect or involve ; and the expense at- 
 tending these proceedings is considerable : but 
 the different circumstances of this country, as one 
 but newly settled, allowing a freer scope for en- 
 terprise, with comparatively little risk of infring- 
 ing upon existing rights or privileges, admit (for 
 a time at least) of a much simpler and more inex- 
 pensive system of Private Bill legislation. In ex- 
 plaining the system adopted (after various modi- 
 
 * Assembly Journ., 1865 (Aug. Sess.), p. 123. 
 t Assembly Journ., 1860, p. 298. 
 X May, p. 631.
 
 12 DEFINITION OF A PRIVATE BILL. 
 
 Proceed- fications) by our Legislature, it is proposed to 
 Commons state the various forms and proceedings so far as 
 cribcd first. can conveniently be done, in the order in which 
 they occur, from the presentation of the petition 
 (in either House) to the final passage of the bill. 
 It will be convenient for this purpose to begin 
 with the House of Commons, but the course ob- 
 served in either House being now identical (with 
 the exception of proceedings upon Divorce Bills 
 in the Upper House, which are described in the 
 latter part of this work, and certain matters of 
 detail with reference to private bills generally, 
 which are noticed in the proper place), the des- 
 cription will apply equally to bills originating in 
 the Senate.
 
 13 
 
 3.— LEGISLATIVE JURISDICTION 
 
 REGARDING PRIVATE BILLS. 
 
 By the provisions of " The British North 
 America Act, 1867," certain classes of Private 
 Bills are placed under the exclusive control of 
 the Parliament of the Dominion, and certain 
 others are transferred to the Provincial Legisla- 
 tures. 
 
 The classes of subjects which, under this subjects 
 arrangement, pertain exclusively to the Parlia- troiofPax" 
 ment of the Dominion, are thus defined by the Act : hament - 
 
 Sec. 91. — Ferries between a Province and any 
 British or Foreign Country, or between 
 two Provinces. 
 
 Banking, Incorporation of Banks, and the issue 
 of Paper Money. 
 
 Savings Banks. 
 
 Patents of Invention and Discovery. 
 
 Naturalization and Aliens. 
 
 Marriage and Divorce, — and 
 
 Such clashes oJ'.subjects as are expressly excepted
 
 14 
 
 LEGISLATIVE JURISDICTION. 
 
 Subject- 
 under 
 control of 
 Parlia- 
 ment. 
 
 Subjects 
 under con 
 trol of Pro 
 vincial 
 Legisla- 
 tures. 
 
 in the enumeration of the classes ofsubjects 
 by this Act assigned exclusively to the 
 Legislatures of the Provinces ; which ex- 
 ceptions are thus defined, in 
 Sec. 92, Sub-section 10: 
 
 a. Lines of Steam or other Ships, Railways, 
 
 Canals, Telegraphs, and other Works and 
 Undertakings connecting the Province 
 with any other or others of the Provinces, 
 or extending beyond the limits of the 
 Province : 
 
 b. Lines of Steam Ships between the Province 
 
 and any British or Foreign Country : 
 
 c. Such Works as, although wholly situate 
 
 within the Province, are before or after 
 
 their execution declared by the Parliament 
 
 of Canada to be for the general advantage 
 
 of Canada, or for the advantage of two or 
 
 more of the Provinces. 
 
 Those which are placed under the exclusive 
 
 control of the Provincial Legislatures are thus 
 
 defined : 
 
 Sec. 92, Sub-sec. 10. — Local Works and Under- 
 takings, other than such as form the excep- 
 tions above recited. 
 Sub-sec. 11. — The incorporation of Companies 
 
 with Provincial objects. 
 Sub-sec. 16. — Generally all matters of a mere- 
 ly local or private nature in the Province.
 
 LEGISLATIVE JURISDICTION. 15 
 
 It will be observed that the line of distinction 
 is defined clearly with regard to certain classes Works de- 
 
 clared to be 
 
 of subjects only. Sub-section 10 empowers the for the gen- 
 Parliament of Canada to assume the control of tage. 
 any works wholly situate within one Province, 
 that may be declared by that Body to be for the 
 advantage of the Dominion, or of two or more 
 Provinces. Two instances of this occurred in 
 the first Session of Parliament, in the case of the 
 Bill to incorporate the proprietors of the Ottawa St. Law- 
 and Prescott Railway, by the name of " The St. Ottawa 
 Lawrence and Ottawa Railway Company," and Ral way ' 
 the Bill respecting the Northern Railway of Northern 
 Canada — in the enactment of each of which bills, ai way ' 
 Parliament declared that the Railway therein 
 referred to was " a work for the general advan- 
 tage of Canada."* The first mentioned bill con- 
 tained a provision empowering the St. Lawrence 
 and Ottawa Railway Company to build a bridge 
 over the River Ottawa, and to construct a branch 
 to Lake Deschesnes, in the Province of Quebec ; 
 but it was argued, in debate, that this would not in 
 itself justify legislation by the Parliament of 
 Canada, in reference to a Railway situate wholly 
 within one Province, as it might afford a danger- 
 ous precedent to parties desirous of evading the 
 jurisdiction of the Local Legislatures over works 
 of a purely local character ; and the course was 
 
 * 31 Vic, c. 20, sec. 1, and c. 8G, sec. 2.
 
 16 LEGISLATIVE JURISDICTION. 
 
 adopted of introducing the clause above men- 
 tioned, in order to bring' the bill properly within 
 the jurisdiction of the Parliament of the Dominion. 
 ah Ran- These Railways are. thus far, the only ones of 
 
 wavs inter- 
 secting a local character that have been legislated upon 
 
 Trunk by Parliament ; but an impression would appear 
 under same to prevail, that all Railways intersecting the 
 control. Q ran d Trunk should be under the same Parlia- 
 mentary control, to avoid the serious difficulties 
 and inconveniences that might arise (so long as 
 they are subject to a different jurisdiction) from 
 conflicting regulations in reference to the running 
 of trains, inspection of Railway, gauge, and other 
 matters of detail. 
 King be- There is a class of Railways and other works 
 of a d p r ™. lts included among those placed by section 92 (sub- 
 vince. sec . 10, a), under the exclusive control of the 
 Parliament of the Dominion, that is referred to 
 with some little ambiguity. The section reads 
 " Lines of Steam or other ships, Railways, &c, 
 connecting the Province with any other or others 
 of the Provinces, or extending beyond the limits of 
 the Province':'' It is clear that the words " extend- 
 ing beyond the limits of the Province" cannot have 
 been intended to apply to works merely connect- 
 ing two adjacent Provinces, because they are 
 described in the words immediately preceding. 
 Nor, on the other hand, can they refer to any 
 Railway or other work actually extending into a
 
 LEGISLATIVE JURISDICTION. 17 
 
 foreign country, because, in the very nature of 
 things, no sucn power of extension can be con- 
 ferred by Canadian legislation. It would appear 
 therefore that these words must have reference 
 to such Railways, Telegraphs, or other works, 
 as lead directly into a foreign country, such, for 
 example, as the Great Western Railway, which 
 connects directly with the United States Railway 
 system, both at the Niagara Falls Suspension 
 Bridge, and also at Detroit, — the Buffalo and Lake 
 Huron Railway, connecting with United States 
 Railways at Buffalo, — the Montreal and Cham- 
 plain Railway, connecting at Rouse's Point with 
 the Vermont Central, &c. 
 
 Several bills were passed by Parliament, in the Works of 
 Session of 1867-8, relating to works of this class, £jjJ,{JjJi 
 viz. : — To amend the Act for the incorporation of ou in 
 the North-west Navigation and Railway Co. (a 186 ?- 8 - 
 Company empowered, among other tilings, to 
 navigate Lakes Huron and Superior within the 
 limits of Canada), — To confirm a By-law passed 
 by the Directors of the Lake Memphremagog 
 Navigation Company (whose steamers ply on a 
 lake partly within the territory of the United 
 States), — To incorporate the Clifton Suspension 
 Bridge Co. (international), — and to authorize the 
 carrying of gas pipes across the River Niagara, 
 in order to facilitate the lighting of the Town of 
 
 * It should be mentioned, however, that the Quebec Legisla- 
 ture, at their first Session, passed an Act to amend the Act 
 incorporating the'Massawippi Valley Railway Co. (31 Vic, c. 
 45), — and the Ontario Legislature passed an Act for the incor- 
 poration of the Erie and Niagara Extension Railway Co. (31 
 Vic, c 14.) Both of these Railways are of the class here 
 referred to, and as their operation was not interfered with by 
 the Dominion Government, it must be assumed that the Provin- 
 cial Legislatures, in enacting them, were not considered to 
 have exceeded their jurisdiction.
 
 18 
 
 LEGISLATIVE JURISDICTION. 
 
 Clifton with gas (international). As none of 
 these bills contained the " general advantage" 
 clause, it may be assumed that the construction 
 put by Parliament upon the provisions of the 
 Imperial Act in regard to bills of this class agrees 
 with that above suggested. 
 Companies There is another class of bills, concerning 
 for doing AV hi c h serious doubts have arisen in regard to 
 
 business a 
 
 throughout jurisdiction, namely, those for the incorporation 
 
 tho Do- 
 
 minion. of companies for the transaction of business of 
 any kind throughout the Dominion. Sub-section 
 11 (above quoted) assigns to the Provincial 
 Legislatures " the incorporation of companies 
 with Provincial objects." In the first Session of 
 the Parliament of the Dominion, several petitions 
 were presented in reference to the incorporation, 
 &c, of Insurance and other private companies. 
 Upon two of these, praying respectively for the 
 incorporation of the Gore District Mutual Fire 
 Insurance Company, and of the Sorghum 
 Growers' Association of the County of Essex, 
 the Committee on Standing Orders (Commons) 
 reported, [in each case, that in their opinion the 
 matter ' : came more properly within the jurisdic- 
 tion of the Local Legislature of Ontario.''* On 
 the other hand, petitions for the incorporation of 
 
 * 5th and 8th Reports of Committee on Standing Orders 
 (Commons), 1867-8.
 
 LEGISLATIVE JURISDICTION. 19 
 
 the Merchants' Express Company of the Domin- 
 ion of Canada, — for the incorporation of the Cana- 
 dian Lake Underwriters' Association, — and for 
 amending the Acts relating- to the Canada "West 
 Farmers' Mntual and Stock Insurance Company, 
 and changing the name to the Canada Farmers' 
 Mutual Insurance Company, were reported upon 
 favorably, and bills, introduced upon them, were 
 passed, and became law* Another petition, for 
 an Act to grant certain powers to the Civil 
 Service Building and Savings Society, was re- 
 ported on favorably by the Standing Orders 
 Committee of each House, and a bill introduced 
 in the Commons. This bill was subsequently 
 referred to the Committee on Banking and Com- 
 merce, who, after discussing, in committee, the 
 question of jurisdiction, presented a report to 
 the House, representing that " doubts had arisen 
 as to whether the objects sought to be obtained 
 by the promoters were not Provincial in their 
 character, and such as the Local Legislature is 
 exclusively empowered to deal with,"f and 
 soliciting instruction on the subject. A similar 
 proceeding took place on the part of the Private 
 Bill Committee of the Senate, who presented a 
 
 * 31 Vic, chaps. 90, 91 and 93. 
 
 t 5th Report of Committee on Banking and Commerce 
 (Commons), 1867-8.
 
 20 LEGISLATIVE JURISDICTION. 
 
 report of a like nature in reference to a Bill to 
 
 incorporate the Intercolonial Insurance Com- 
 
 ia^uiry pany.* A discussion ensued upon the Report 
 
 into ques- L J 
 
 tion of ju- which resulted in the appointment of a com- 
 mittee " to inquire into and report to this House 
 on the classes of Acts for the incorporation of 
 private companies, which properly, under the 
 ' British North America Act, 1867,' come within 
 the jurisdiction of the Parliament of the Domin- 
 ion, and to act on behalf of this House as Mem- 
 bers of any Joint Committee of the Senate and 
 House of Commons, which may be ordered on 
 the subject." f No committee was appointed 
 on the part of the Commons, and no further steps 
 were taken with regard to either of the above 
 mentioned bills. 
 Provincial ^ was urged, on the part of the promoters of 
 tu>M° ra " these bills, that the companies to which they 
 related were desirous of transacting business in 
 different parts of the Dominion, and were there- 
 fore in need of more extensive and general 
 powers than could be conferred upon them by a 
 Provincial Legislature, and, in short, that they 
 were not properly of the class referred to in Sub- 
 section 11 of the Act, as " Companies with Pro- 
 vincial objects." Against this it was argued that 
 
 * Report of Committee on Standing Orders and Private 
 Bills (Senate), 5th Dec, 1867. 
 
 f Senate Journal, 12th Dec, 1867.
 
 LEGISLATIVE JURISDICTION. 21 
 
 a Provincial Charter would suffice to ensure their 
 recognition in every Province where their 
 Agencies might be established ; and that under 
 such a charter they could sue and be sued, and 
 transact all business of an ordinary character. 
 In opposition to this view, a case was cited by 
 the Honorable Mr. Campbell, in the debate 
 in the Senate on the Bill to incorporate 
 the Intercolonial Insurance Company, having* 
 an immediate bearing upon the question as 
 to the status in one Province of a company in- 
 corporated by the Legislature of another Pro- 
 vince. The case referred to was an action 
 brought, in the Court of King's Bench of Upper 
 Canada, by the Bank of Montreal, in the year 
 1836 (prior to the Union of Upper and Lower 
 Canada), for the recovery of the amount of cer- Montreal 
 tarn promissory notes, the drawers and endorsers Bethune, 
 of which resided in Upper Canada. The Court 1836 ' 
 ruled that " a foreign corporation, such as a 
 Bank, cannot maintain an action upon promis- 
 sory notes received and discounted by them 
 in the course of banking business hi this Pro- 
 vince, although they may maintain an action 
 for money had and received to their use, against 
 the person for whom such notes were dis- 
 counted, and to whom money was advanced 
 upon them."* 
 
 * Bank of Montreal vs. Bethune, Hilary Term, 6 Wm. 4. 
 (See Robinson & Harrison's Digest, p. 128.)
 
 22 LEGISLATIVE JURISDICTION. 
 
 By this decision it would appear, that what- 
 ever status a company, owing its existence to a 
 Provincial Charter, may possess beyond the 
 limits of its own Province, there are limitations 
 and restrictions which can only be obviated by 
 special legislation in each Province. Banking 
 Companies are, by the Act, placed under the 
 exclusive control of the Parliament of the Domin- 
 ion, and it may be found advisable, with a view 
 of meeting the difficulty, that all commercial 
 companies doing business of such a nature as to 
 require the establishment of agencies in the 
 different Provinces of the Dominion, should be 
 placed under the same jurisdiction. 
 
 Angell & Ames, in their " Treatise on the Law 
 Foreign f Private Corporations aggregate,'' (Gth edition, 
 
 corpora- ± oo o > \ 
 
 tionsin Boston, 1858,) state (in treating on the powers 
 
 England ' o j. 
 
 and United of foreign corporations, s. 372), that " a company, 
 claiming to be incorporated, has only to shew 
 that it has been regularly and effectually made a 
 corporate body, to enable it to sustain a suit 
 beyond the jurisdiction within which it is consti- 
 tuted." They cite the case of the Dutch West 
 India Company, — that of the National Bank of 
 St. Charles, in Spain, and other analogous cases, 
 in which it was decided by the English Courts, 
 that a foreign corporation may maintain a suit in 
 England by their corporate name. In the United 
 States also, it is shewn (s. 373), that the power of
 
 LEGISLATIVE JURISDICTION. 23 
 
 a corporation to sue, in the respective States, is 
 not restricted to companies created by the laws 
 of the State in which the suit is instituted, but 
 may be exercised by foreign corporations, belong- 
 ing either to another State of the Confederacy, or 
 to a foreign country. It is, however, admitted 
 that this power is exercised rather upon suffer- 
 ance than of right, as "the Legislature undoubt- 
 edly has power to prohibit foreign corporations 
 (i. e., those not created by the laws of the State) 
 from contracting in the State ; but until it does 
 so, contracts so made will be enforced." (s. 374.) 
 But instances are given in which the powers of 
 foreign corporations were restricted by the Courts 
 without such Legislative intervention. In Yir-Bankof 
 ginia the Court ruled (in re Bank of Marietta vs. ?J "h?* 
 Pindalf), that " though, as a general rule, a cor- gmia - 
 poration created by the laws of one State might 
 sue in another, it would not be permitted to a Bank 
 in Ohio to establish an agency in Virginia for dis- 
 counting notes, or for carrying on any other 
 banking operations ; nor could they sustain an 
 action on any note thus acquired by them," 
 though they admitted " there was nothing in the 
 policy of the laws of Virginia which restrained 
 its citizens from borrowing money from a Bank 
 in Ohio," &c. It was also held, by the Supreme 
 Court of the State of New York, " that a foreign supremo 
 corporation, keeping an office in that State, for New York.
 
 24 LEGISLATIVE JURISDICTION. 
 
 receiving deposits and discounting notes, without 
 being expressly authorized by the laws of that 
 State to do so, cannot maintain an action for the 
 money loaned." 
 Difference These, it is true, are but rare and exceptional 
 Conlutu- ca scs, yet they (with that relating to the Montreal 
 Canada Bank, before referred to), serve to shew that the 
 and United powers of a corporation, beyond the territorial 
 jurisdiction of the legislature creating it, are, in 
 fact, exercised by permission rather than right, 
 and are therefore subject to restriction or curtail- 
 ment at any time. In considering what may be 
 the true position of corporations created in this 
 country under Provincial authority, it is well to 
 bear in mind the very important difference that 
 exists between the Constitution of the Dominion 
 of Canada and that of the United States in regard 
 to " State rights :" while, in the latter, the sove- 
 reignty of each State, in all matters of internal 
 policy, is distinctly recognized and admitted, and 
 all rights not expressly assigned by the constitu- 
 tion to the Federal Government are exercised 
 by the Sovereign State, — under the constitution 
 of Canada, the Sovereignty is expressly vested in 
 the Government and Parliament of the Domin- 
 ion, who have exclusive control over all matters 
 not assigned exclusively to the Legislatures of 
 the Provinces (British North America Act, sec. 
 91, class 29). This can hardly fail to have
 
 LEGISLATIVE JURISDICTION. 25 
 
 some effect upon the status of Corporations hold- 
 ing Provincial Charters, in any transactions they 
 may have beyond the limits of their own Pro- 
 vince. The Legislature of Ontario, at their first 
 Session, in incorporating the Royal Canadian £°y al „ 
 
 x . , . Canadian 
 
 Insurance Company, expressly restricted their insur. Co. 
 operations to risks " within the Province of 
 Ontario." Insurance business, like that of Banks, 
 is not confined to a particular locality, but is 
 necessarily spread over the country, and the 
 larger companies would probably desire to extend companies. 
 their operations over the greater part of the 
 Dominion, and even beyond it (as regards 
 Marine Insurance) ; it is therefore of importance 
 to them that their corporate powers should pro- 
 ceed from the highest legislative authority in the 
 land. An Act respecting Insurance Companies,* 
 passed in the first Session of the Parliament of 
 Canada, requires all such companies to obtain a 
 licence from the Minister of Finance, and to 
 invest a large proportion of their paid-up capital 
 in Dominion Stock, and contains other provisions 
 
 * At one stage of this bill an objection was made, that it 
 was beyond the jurisdiction of the House, which was over-ruled 
 by Mr. Speaker; at another stage, a motion " that the regula- 
 tion of Insurance Companies is a subject properly within the 
 jurisdiction of the Provincial Legislatures," was proposed and 
 negatived. (Com. Journal, 1867-3, pp. 161, 426.) It is but 
 fair to remark, however, that this motion having been offered 
 for the purpose of defeating the bill, and not as a substantive 
 proposition, its bearing upon the question of jurisdiction is not 
 so conclusive as if it had been discussed exclusively upon its 
 own merits. 
 3
 
 26 LEGISLATIVE JURISDICTION. 
 
 for securing the proper management of the 
 companies. This affords an additional reason 
 why it is desirable that Insurance Companies 
 should be created by the same authority that 
 exercises over them such stringent control. 
 
 In the first Session of the Legislature of Ontario, 
 an Act was passed to incorporate the Gruelph 
 Boards of Board of Trade. In the first Session of the Par- 
 Trade, liament of the Dominion, a bill was introduced 
 to incorporate the Stratford Board of Trade ; the 
 bill was referred to the Committee on Banking 
 and Commerce, and the question of jurisdiction 
 being raised in committee, the committee came 
 to the conclusion that though the Board to be 
 created was a local Board, the terms of the 91st 
 section of the " British America Act," in placing 
 " the Regulation of Trade and Commerce" under 
 the control of Parliament, justified the action of 
 this Legislature in the matter. In examining the 
 details of the bill, however, it was found to con- 
 tain provisions for the establishment of a Court 
 of Arbitration in commercial matters; and as 
 " the constitution, maintenance, and organization 
 of Provincial Courts, both of civil and criminal 
 jurisdiction," are, by the 92nd section of the said 
 Act assigned exclusively to the Provincial Legis- 
 latures, the committee expunged from the bill 
 so much as related to a Court of Arbitration, and 
 it was passed in the amended form. 
 
 It is much to be desired that steps should be
 
 LEGISLATIVE JURISDICTION. 27 
 
 taken without delay to determine more accurately Settlement 
 the question of jurisdiction, either by the action tions C of 
 of the Canadian Parliament, or, if that be deemed {" r n s . 1C " 
 insufficient, by invoking the interposition of the 
 Imperial Parliament, to pass an explanatory Act. 
 
 As a preliminary step, it might be advisable to 
 appoint a committee (upon which the various 
 interests, Provincial and Dominional, should be 
 duly represented), for the purpose of carefully 
 considering the whole question of jurisdiction, 
 and suggesting such amendments to the British 
 America Act as may be found desirable, in order 
 to determine doubtful points. Upon their report, 
 an address to the Crown could be voted, solicit- 
 ing the passage of an explanatory Act by the 
 Imperial Parliament. 
 
 Another mode of meeting the difficulty has 
 been suggested, viz. : that each bill upon which 
 a doubt as to jurisdiction might be raised, should 
 be discussed, and the point decided upon its own 
 merits ; and that in this manner a series of pre- 
 cedents would be established for future guidance. 
 Not to mention other objections that might exist 
 to this course, there is one that cannot be over- 
 looked, viz., that the legislation of the Dominion 
 Parliament cannot legally over-ride or interfere 
 with the rights and privileges of the Provincial 
 Legislatures, save in certain exceptional matters, as 
 public works, and education ; such powers as are
 
 28 LEGISLATIVE JURISDICTION. 
 
 vested in the Local Legislatures being (with these 
 exceptions) exclusive/// assigned to them, any 
 proceeding or decision of Parliament upon a 
 matter in any way exceeding its jurisdiction, in- 
 stead of forming a precedent, would, in all proba- 
 bility, lead to the interposition of the Courts, and 
 perhaps involve endless litigation. It is there- 
 fore of the utmost importance, that any attempt 
 that may be made to deal with the question of 
 jurisdiction, should be undertaken with due 
 caution and deliberation.
 
 29 
 
 4.— PARLIAMENTARY AGENTS. 
 
 In the Imperial Parliament, every private bill 
 or petition must be solicited by a Parliamentary Parlia- 
 Agent, who conducts the bill through its various Agents 
 stages, and is personally responsible to the House ^ployed 
 and to the Speaker for the observance of the pj£ ent 
 rules, orders, and practice of Parliament, and for 
 the payment of all fees and charges : and no pro- 
 ceeding upon any petition or bill can take place, 
 until an appearance to act as the Parliamentary 
 Agent upon the same shall have been entered in 
 the Private Bill Office.* This practice of em- 
 ploying Parliamentary Agents has been but re- 
 cently introduced in Canada, and it has not Not obli- 
 hitherto been made obligatory, though the in- Canada, 
 crease of business may possibly render it desirable 
 to adopt some such course, in order that mem- 
 bers may be relieved from a duty that is often 
 inconvenient and embarrassing, and frequently 
 involves a sacrifice of time and trouble, which 
 should not in fairness be expected of them. 
 
 * May, p. 655.
 
 30 
 
 PARLIAMENTARY AGENTS. 
 
 In the revised code of Rules prepared by the 
 late Sir Henry Smith (then Speaker), and adopt- 
 ed by the Assembly of 1860, provision was made 
 for the recognition of Parliamentary Agents, 
 
 qualifying, who had up to that time acted in a private and 
 irresponsible capacity. No person is now per- 
 mitted to Act as Parliamentary Agent, without the 
 express sanction and authority of the Speaker.* 
 This having been obtained, he is required to 
 sign a declaration before the Chief Clerk of the 
 Private Bill Office, engaging to observe and obey 
 all the Rules of the House, and to pay all fees 
 and charges, when demanded, and further, to 
 enter into a recognizance in $2,000 (if required at 
 any future time by the Speaker) conditioned to 
 observe such declaration. His name is then 
 registered in a book, and he is entitled to act as 
 a Parliamentary Agent, but is liable to an abso- 
 lute or temporary prohibition to practise (at the 
 
 Disquaiifi- pleasure of the Speaker), for any wilful violation 
 
 C&tlOD' 
 
 of the Rules and practice of Parliament, or of any 
 rules prescribed by the Speaker. Membersf 
 
 * 73rd and 74th Rules, Commons. 
 
 t The House of Commons of Great Britain, by a Resolution 
 of the 26th February, 1830, declared, nem. con., "That it is 
 contrary to the law and usage of Parliament that any Member of 
 this House should be permitted to engage, either by himself or 
 any partner, in the management of private bills before this or the
 
 PARLIAMENTARY AGENTS. 31 
 
 and Officers of the House* are alike disqualified 
 for Parliamentary Agency. 
 
 The name and place of residence of the Parlia- R eg istra- 
 mentary Agent soliciting a bill are entered in the Agents. 
 Private Bill Register, hi which are also recorded 
 all the proceedings, from the petition to the pass- 
 ing of the bill. This book is open to public in- 
 spection.! 
 
 The Rules relating to Parliamentary Agents 
 belong only to the House of Commons, no regu- 
 lations having been adoj)ted by the Senate on this 
 subject. 
 
 It is usual for the Member who presents the Members 
 petition to take charge of the bill through its dif- m c arge ' 
 ferent stages. | 
 
 other House of Parliament, for a pecuniary reward." Commons 
 Journ. (G. B.), 1830, p. 107. 
 
 One of the Sessional Orders of the Canadian House of Com- 
 mons also declares "thai the offer of any money or other advan- 
 tage to any Member of the House of Commons, for the promot- 
 ing of any matter whatsoever, depending or to be transacted in 
 the Parliament of the Dominion of Canada, is a Ligh crime and 
 misdemeanor, and tends to the subversion of the Constitution. 
 Commons Journ., 1867-8, p. 5. 
 
 * In the Imperial Parliament, in compliance with the recom- 
 mendation of a Select Committee on the House of Commons 
 Offices in 1835, no officer or clerk belonging to the establish- 
 ment is allowed to transact private business before the House, for 
 his emolument or advantage, either directly or indirectly. May, 
 p. 656. 
 
 t 71st Rule. 
 
 t Sherwood on Private Bills, p. 29.
 
 32 
 
 5.— PETITIONS FOE PRIVATE BILLS 
 
 Every Pri- Every private bill is based on a petition,* 
 based on a which should state, in general terms, the objects 
 petition. or prjyiieges sought to be obtained by the parties 
 soliciting the bill, and be signed by the parties 
 themselves (the signatures of agents on behalf of 
 others being inadmissable, except in case of inca- 
 pacity by sickness) ; and at least one signature 
 should be on the same sheet on which the peti- 
 tion is written.f The petition is presented by a 
 .„ Member in his placet Petitions should be pre- 
 
 How pre- o x - 1 - 
 
 sented. " pared in triplicate, one copy being presented in 
 each House by a Member, and a third addressed 
 to the Governor General in Council, through the 
 Secretary of State. (A form of petition to each 
 branch of the Legislature will be found in the 
 
 * 56th Rule. Bills relating to local improvements are oc- 
 casionally brought iu, in the Imperial Parliament, by order, 
 without a petition, but are subsequently dealt with as private 
 bills, as regards proof of compliance with standing orlers, &c. 
 May, p. 661. 
 
 t May, p. 509. 
 
 i 85th Rule, Commons.
 
 PETITIONS. 33 
 
 Appendix, No. III.) In 1859 a Bill to incorpo- Biiiswhich 
 rate the Gruelph and "Wellington Eoads Company, beenbased 
 was sent down by the Legislative Council, and {£„* petl " 
 was subsequently referred to the Committee on 
 Private Bills, who finding that it was not found- 
 ed on a petition, reported that the preamble was 
 not proved. In 1862, a Bill to separate the town- 
 ship of Broughton from the County of Megantic r 
 and to annex it to the County of Beauce, which 
 had been introduced as a public bill (under a 
 public title), was referred to the committee, who 
 reported that it was not based on a petition, and 
 could not therefore be treated as a private bill ; 
 and no further proceeding was taken on the bill 
 by the House. 
 
 The petition must be presented within the Time of 
 
 presenta- 
 
 first three weeks of the Session.* It was former- tion. 
 ly the custom to extend this time, by Resolution, 
 to a very late period of the Session, but the in- 
 jurious tendency of such an extension has become 
 so evident, from the necessity it frequently in- 
 volves of dispensing with those formalities which 
 are so necessary for the protection of private 
 rights, that of late years there has been evinced 
 an increasing unwillingness to extend the period. 
 "While in 1858, it was extended to 85 days from 
 the commencement of the Session ; in 1859 and 
 
 49th Rule;
 
 34 PETITIONS. 
 
 I860, it was extended to 63, and in 1861 to 36 
 days only; the latter being but 15 days beyond 
 the time fixed by the Rule. In 1867-8, an ad- 
 journment from December to March having been 
 determined upon, the time for receiving petitions 
 was extended to three weeks after the re-assem- 
 bling of Parliament, and subsequently to the end 
 of the then current month. 
 After expi- When the time has actually expired, parties 
 time? of are at liberty to present a petition, asking leave 
 to introduce their petition for a private bill not- 
 withstanding such expiry, and explaining the 
 circumstances under which they have been pre- 
 vented from complying with the orders of the 
 House.* It is competent then to the House, 
 either to grant the requisite permission upon 
 motion,! or > m accordance with the practice in 
 the Imperial Parliament,! t° refer the matter to 
 the Standing Orders Committee, and take action 
 upon their report. In 1866, the House extended 
 the time in favor of a particular application only.§ 
 
 * Niagara Harbour and Dock Co., 1851 ; Randall Estate, 
 1852-3; Brockville and Ottawa Railway, 1863 (Feb. Sess.) j 
 Ottawa and French River communication, 1863 (Aug. Sess.) 
 See also Sherwood on [Private Billa, pp, 10, 23. 
 
 t Assembly Journ., 1852-3, p. 347 ; 1863 (Feb. Sess.), pp. 
 320, 326. 
 
 % May, p. 669. 
 
 § Cobourg and Peterboro' Railway, 1866.
 
 35 
 
 6.— rROOF OF NOTICES, 
 
 BEFORE COMMITTEE ON STANDING ORDERS. 
 
 All petitions for private bills, when received by Examina- 
 the House, are taken into consideration (without tio ° ? f 
 
 ' v petitions 
 
 special reference) bv the Committee on Standing without 
 
 reference 
 
 Orders, whose duty it is to ascertain whether the 
 Rule of the House in regard to the publication of 
 notice has been complied with in each case, and 
 to report to the House the result of their in- 
 quiries ; together with any recommendation that 
 may appear to them desirable in cases where the 
 notice may prove in any respect informal or in- 
 sufficient.* The committee has no power to in- 
 quire into the merits of any such petition, this 
 being a duty which pertains to the Private Bill 
 Committee in considering the preamble of the 
 bill.f 
 
 All private bills from the Senate (not being Private 
 
 , . . & Bills from 
 
 based on a petition already so reported on) are Senate ex- 
 amined. 
 
 ' 53rd Rule. 
 
 t Alpheus Todd's Report on Private Bills, 1847.
 
 36 PROOF OF NOTICES. 
 
 taken into consideration and reported upon by the 
 committee after the first reading .* 
 
 In 1862, the Legislative Assembly (in pursu- 
 ance of a recommendation of the Standing Orders 
 Committee in their 10th Report) appointed the 
 for stand- Chief Clerk of the Private Bill Office their " Ex- 
 ing r ers. am j ner f 01 . Standing Orders," assigning to him 
 the duty of examining into the facts with regard 
 to the notice given on each petition, and report- 
 ing the same for the information of the Committee 
 on Standing Orders ; and the practice is contin- 
 ued under the new arrangements since Confed- 
 eration. The committee are then enabled, upon 
 the evidence reported to them, to decide upon 
 each case. This corresponds with the course 
 taken in the Imperial Parliament ;f it has been 
 adopted, as yet, only by the Lower House, and is 
 a step towards the assimilation of our Canadian 
 practice to that of the two Houses of the Imperial 
 Parliament for the joint proof of their Standing 
 Orders.J 
 
 * 54th Rule. Toronto Boys' Home, 1861 ; Huron College, 
 1863 (Feb. Sess.) ; London and Canadian Loan and Agency Co., 
 1863 (Aug. Sess.) ; Niagara District Bank, 1867-8. 
 
 t Bristowe, pp. 10, 77. 
 
 t In 1854 the Lords adopted a most convenient arrangement 
 which dispensed with a double proof of the Orders common to 
 both Houses; they resolved on the appointment of examiners for 
 Standing Orders for their Lordships' House, and appointed the
 
 PROOF OF NOTICES. 37 
 
 All questions arising in the committee are de- Proceed- 
 cided by a majority of voices ; the chairman committee. 
 voting only when there is an equality of voices. 
 In committees on private bills, the chairman votes 
 as a member, and has also a second or casting- 
 vote when the votes are equal ; but this power 
 is specially conferred by a Standing Order of the 
 House ;* such is also the case in Election Com- 
 mittees, as regulated by statute ; but as regards 
 other committees, in the absence of any special 
 £>ower, it is contrary to the practice of Parlia- 
 ment.! 
 
 The Standing Orders Committee usually ap- sitting of 
 point certain days for sitting, in the Private Bill ™*™ M ™' 
 Office, when such petitions for private bills as 
 have been received by the House, are laid before 
 them. In cases where there is any doubt as to 
 
 same gentlemen who held the office of Examiners of petitions in 
 the House of Commons, who were thus enabled to take the evi- 
 dence on the part of both Houses simultaneously : and in cases 
 where any of the Oiders have not been complied with, the Stand- 
 ing Orders Committee in each House determines, upon the facts 
 reported by them, whether the same ought or ought not to be 
 dispensed with. " Of all the improvements," says May, " con- 
 nected with Private Bill legislation, none have been so signal as 
 those in which both Houses have concurred for the assimilation 
 and joint proof of their standing order.;." May, pp. 615, 646. 
 
 * 63rd Rule. 
 
 f May, p. 386. 
 4
 
 38 PROOF OF NOTICES. 
 
 the sufficiency of the notice, the promoters of a 
 petition appear before the committee, to produce 
 such evidence as they may desire to offer. 
 Notices re- While the requirements of the standing orders 
 England! °f the Lords and Commons, relating- to private 
 bills, involve notices in various forms, and the 
 depositing of plans, estimates, and other docu- 
 ments in some cases,* those of our Canadian 
 Legislature (see Appendix I.) embrace (in all but 
 Divorce cases) but one form of notice, viz., by ad- 
 in Canada, vertisement inserted in the Canada Gazette, and 
 also in some newspaper published in any locality 
 that may be affected by the proposed scheme, 
 clearly and distinctly specifying the nature and 
 object of the application ; if the matter relate 
 specially to the Province of Quebec, it must be 
 published both in English and French. This 
 notice must be continued, not less than once a 
 week, for a period of two months, during the in- 
 terval of time between the close of the preceding 
 Session and the consideration of the petition by 
 the committee. In the case of a proposal to erect 
 a toll bridge, the notice must state the rates of 
 
 * They are arranged in the following order: — 1. Notices by 
 advertisement. 2. Notices and applications to owners, lessees, 
 anl occupiers of lands and houses. 3. Documents required to 
 be deposited, and the times and places of deposit. 4. Form in 
 which plans, books of reference, sections and cross sections shall 
 be prepared. 5. Estimates and deposit of money and declara- 
 tions in certain cases. May, p. 61-1.
 
 PROOF OF NOTICES. 39 
 
 toll to be demanded, the extent of the exclusive 
 privilege, the height of the arches, the interval 
 between the abutments of piers for the passage 
 of rafts and vessels, and, when it is intended to 
 construct a draw-bridge, the dimensions of the 
 same.* 
 
 When the application is for a Bill of Divorce,! in Divorce 
 the notice is required by the Standing Orders of t " uc '^ 
 the Senate (see Appendix II.) to be published 
 during six months in the Canada Gazette, and in 
 two newspapers published in the District (in 
 Quebec), or County or Union of Counties (in the 
 other Provinces), where the applicant resides. £ 
 A copy of such notice in writing must also be 
 served on the person from whom such Divorce is 
 sought, if the residence of such person can be 
 ascertained ; and proof on oath of such service 
 (or of the attempts made to effect the same), must 
 be adduced before the Senate on the reading 
 of the petition. § An exemplification of all pro- 
 ceedings that may have been had in any Court 
 of Law, duly certified, must be presented at the 
 same time.|| And in all cases where damages 
 have been awarded to the applicant, proof on 
 
 * 51st and 52nd Rules. 
 
 t Divorce cases are placed under the exclusive jurisdiction of 
 the Parliament of Canada, by sec. 91 of the British North 
 America Act. 
 
 X 73id Rule, Senate. 
 
 § 71th Rule, Senate. 
 
 II 75th Rule, Senate.
 
 40 PROOF OF NOTICES. 
 
 oath must be adduced that such damages have 
 been levied and retained, or such explanation 
 afforded for the neglect or inability to levy the 
 same under a writ of execution, as may appear 
 sufficient excuse for such omission.* 
 
 Certain . .. _ , 
 
 appiica- The various notices required by the Itules 01 
 empt from the two Houses having been thus referred to, it 
 notice. snon i^ "b e mentioned that they do not apply to 
 all applications for private bills, indiscriminately, 
 but to such only as involve the granting' of ex- 
 clusive rights or privileges, or a possible inter- 
 ference with the rights or interests of other 
 parties.! Thus petitions for the incorporation 
 of religious, benevolent, social, literary, or educa- 
 tional institutions or associations,^ for the na- 
 turalization of aliens, § for some individual or 
 personal advantage not of an exclusive charac- 
 
 * 76th Rule, Senate. 
 
 t 51st Rule (both Houses). 
 
 t Toronto House of Industry, 1852-3 ; St. Mary's College, 
 1852-3; German Evangelical Church incorporation, 1854-5j 
 Canadian Order of Odd Fellows, 1853 ; Woodstock Literary In- 
 stitute, 1857 ; Montreal St. Andrew's Society, 1858 ; Toronto 
 Horticultural Society, 1860 ; Montreal Skating Club, 1861 ;• To- 
 ronto Savings Bank, 1861; Montreal Natural History Society, 
 1862 j Toronto Club, 1863; Humane Society of B.X.Am., 
 1864; St. Catharines Hospital, 1865; London Board of Trade, 
 1866. 
 
 § Chaffee's naturalization, 1857 ; Steckel's naturalization, 
 1857. In the case of De Stoeckliu's naturalization {I860), and
 
 PKOOF OF NOTICES. ** 
 
 tor,* or for objects of a like nature, have usually 
 been reported upon by the committee as exempt 
 from the necessity of such notice ; as have also 
 applications for amendment of existing charters, 
 when such amendment does not interfere with 
 the rights of shareholders or others.f 
 
 Petitions have occasionally come before the ProvMon 
 committee, seeking certain powers or privileges, ia Bl ] 1 J» t0 
 which, though not " exclusive" or directlv invol- want of 
 
 ° notice. 
 
 ving (in the words of the 51st Rule) " any matter 
 or thing which in its operation would affect the 
 rights or property of other parties," might yet 
 tend incidentally to affect the same. In such cases 
 they have generally reported that notice was not 
 required (under the terms of the Rule), but that 
 provision should be made in the Bill for duly pro- 
 tecting all existing rights, &c. ;! it then becomes 
 
 Rogers' do. (1866), a suspension of the Rule relative to notice 
 was recommended ; and in those of Sanford and Rogers (1862) a 
 Gazette notice was reported as sufficient. 
 
 * Mercer's relief, 1859; Poe's change of name, 1S62 ; Ot- 
 tawa Sisters of Charity (power to mortgage their property), 1863. 
 
 t Montreal Cemetery Co., 1852-3 ; Niagara Bank (extension 
 of time for paying up stock), 1857; Eastern Townships Bank 
 (reduction of capital), 1858; Port Whitby & Lake Huron Rail- 
 road Co. (do.) ; 1859; Toronto Cotton Mills Co., 1862; Jacques 
 Cartier Bank, 1863; Merchants' Bank. 186! ; Hamilton Board of 
 Trade, 1866; London do., 1867-S. 
 
 t Piatt Estate, 1S58; Montreal and Champlain Railroad 
 amendment, 1860 ; Guelph debt consolidation, 18G0 : Montreal 
 Bank amendment, 1861, &c.
 
 42 PROOF OF NOTICES. 
 
 the duty of the Committee on Private Bills (or 
 other committee of a like character), when the 
 bill comes before them, to see that it contains such 
 a provision, before they report it to the House.* 
 In the fulfilment of their duty of examinhiQ- 
 
 Evidence . . . J ° 
 
 ofpubii- into the notices given by the promoters of private 
 no n'oticeTs "bills in compliance with the 51st and 52nd Rules, 
 given. ^ e Q omm itteo on Standing Orders have gener- 
 ally been guided rather by the spirit than the 
 letter of the requirement. In every case where 
 the formal notice proves to have been insufficient, 
 or to have been omitted altogether, they have 
 admitted evidence to shew that all parties whose 
 interests may be affected by the matter in ques- 
 tion, have been fully informed of the intention to 
 a Pply to Parliament. In admitting the propriety 
 of such a distinction in the interpretation of the 
 Rules, it must nevertheless be remembered that 
 parties at a distance who maybe aware of an exist- 
 ing informality, may be led to suppose that it will 
 be fatal to the measure, and may therefore neg- 
 lect to take any steps to oppose it, relying upon 
 the House to carry out its own Standing Orders. 
 This has, in fact, been the case in several instances, 
 and a knowledge of it generally acts upon the 
 committee in exercising their judgment as to the 
 admissability of evidence of this kind. When the 
 committee have become satisfied in this manner 
 
 * 64th Rule.
 
 PROOF OF NOTICES. 43 
 
 concerning a notice thus technically defective or informal- 
 informal, they have in some instances taken upon j/Jertain ' 
 themselves to waive the informality, and to re- cases ' 
 port the notice as sufficient. Thus, publication 
 of the proceedings at a public meeting called to 
 consider a certain question, or some other public 
 notice,* discussions in reference thereto in a City 
 Council, reported in the local papers,! or service 
 of notice on the shareholders of a company in- 
 dividually, or evidence of the knowledge or con- 
 sent of parties affected,! have been held to be a 
 sufficient substitute for the notice required by the 
 Kule. They have dispensed with the local notice 
 in a matter affecting a remote and unsettled pa rt 
 of the country, § also, in the incorporation of 
 Insurance Companies, || or Banks,f and in other 
 
 * Three Rivers Diocese Church Rate, 1S52-3 ; Joliette in- 
 corporation, 1863; Bruce County Town, 1864. 
 
 t Montreal Corporation amendment, 1856 ; Montreal City 
 Passenger Railway, 1861; Toronto incorporation amendment, 
 1862; Quebec Corporation, 1S64. 
 
 X Hamilton Hotel Co., 1856; Upper Canada Bank, 1862; 
 Brockville & Ottawa Railway, 1863 ; Woodstock Literary In- 
 stitute, 1864; Ottawa & Prescott Railway, 1865; McDougall 
 Estate, 1865 ; Bruce By-law, 1866 ; St. Lawrence Tow Boat 
 Co., 1866; Merchants' Bank, 1867-8. 
 
 § Huron Copper Bay Co., 1849; Sault St. Marie Canal, 
 1852-3. 
 
 II British America Fire and Life Assurance Co., 1852-3, &c. 
 
 1 Royal Bank of Canada, 1861, &c.
 
 44 PROOF OF NOTICES. 
 
 matters not affecting any particular locality.* 
 They have also dispensed with notice in the 
 Official Gazette in applications of a purely local 
 nature,! and with the French local notice in a 
 matter relating to the Eastern Townships of 
 Lower Canada,! arL ^ the English local notice in 
 one affecting a pojmlation of French origin. § 
 SuspeEs".on The above cases must however be considered 
 relative to as altogether exceptional ; while the committee 
 notice. may, in their discretion, interpret the Rules in 
 the most liberal sense, they have no power to 
 dispense with the formalities required by the 
 House. When, after due examination, they con- 
 sider it desirable to relax these formalities in any 
 particular case, they report the facts to the House, 
 and recommend a suspension of the Rule. The 
 principal grounds upon which a suspension has 
 been recommended may be thus stated : — Evi- 
 dence of consent of parties interested, || — That 
 
 * In companies of this nature, whose business is general 
 rather than local, it is customary, when an amendment of their 
 Charter is asked, to publish a local notice (in addition to that in 
 the Official Gazette) in a newspaper circulating at the seat of 
 their chief place of business. 
 
 t Iroquois School Section, 185S ; Moulton Division, 1859; 
 
 Cobourg Manufacturing Co., 1859; Burford Survey, 1860 ; Fitz- 
 
 roy Survey, 1863 ; Becancour Bridge, 18G3 ; Fabriques Mutual 
 .Assurance, 1865. 
 
 X Iberville, Brome, Shefford, and Missisquoi Road, 1857. 
 
 § Joliette Mining Co., 1857; Tring Municipality, 1863. 
 
 II Gait Estate, 1860 ; La Banque du People stock increase,
 
 PROOF OF NOTICES. 45 
 
 all parties have signed the petition,* — or are Suspension 
 sufficiently apprized of the application,! — That ° 
 the petition (in matters of a local nature) is very 
 generally signed,! — That no private rights will 
 be interfered with,§ — Proceedings in reference 
 thereto at a public meeting, || or in City Councils, ][ 
 — That the notice will have fully matured 
 before any action can be taken on the bill by the 
 
 1861; Beauharnois Presbyterian Cong., 1861; Grand Trunk 
 Railway, 18G 2 ; Duuible's relief, 1863 ; St. Thomas Debentures, 
 1864; McCallum' 8 relief, 1865; Bar of L. Canada, 1866. 
 
 * Benson Estate, 1857 ; Cobourg Harbour Debentures, 1858 ; 
 N. Halifax boundary line, 1859; McKay's will, 1861 ; Kingston 
 Marine Railway, 1863; Iberville Academy, 1861; York 
 Roads, 1865; Aylmer Parish, 1866. 
 
 t London and Port Stanley Railway (sale of land), 1858 ;■ 
 Rouville division, 1859 ; Cobourg and Peterboro' Railway, 1862 ; 
 Saguenay Municipality, 1863; Montreal Corporation, 1865. 
 
 t Mitchell incorporation, 1857 ; Charlevoix Registry Office, 
 1858 ; Vespra and Sunnidale separation, 1859 ; Waterloo regis- 
 tration division, 1862; King Township Treasurer, 1863; Ya- 
 maska Bridge, 1864. 
 
 § Woodstock Woollen and Cotton Manufacturing Co., 1860 ; 
 Northern Riilway ani3ndment, 1869 ; South Eastern Mining Co., 
 1861; Huguenin's admission as notary, 1861; Creviers relief, 
 1863; Knowlton Cemetery, 1865 ; Canadian Rubber Co., 1S66 ; 
 Clifton G; s Works, 1867-8. 
 
 II Napanee incorporation, 1857 ; Cayuga Market block, 1863 : 
 Port Hope By-law, 1865 ; Church of England Synod, 1866. 
 
 IF Montreal incorporation amendment, 1854-5; Quebec 
 Police, 1857; Toronto Street Railway, 1861; Hamilton Debt,. 
 1863.
 
 46 PROOF OF NOTICES. 
 
 Suspension Private Bill Committee,* — That the measure is 
 of Rue. 01ie f great urgency,! or of great public utility 
 or importance,! — That the notices were given 
 for the previous Session, which was closed pre- 
 maturely^ — That Bank Charters have not here- 
 tofore been treated as private bills in New 
 Brunswick, || — and even, in one or two instances, 
 on the ground that a petition had been presented 
 against the proposed bill, which appears to have 
 been considered as evidence that its opponents 
 were sufficiently informed of the application. 
 
 In recommending a suspension of the Rule, 
 however, when no sufficient notice has been 
 given, the committee have suggested that certain 
 matters of detail, which they considered to 
 require notice, should not be included in the 
 bill.f 
 
 Up to the year 18-56, it was occasionally the 
 
 * Durham separation, 1860; Petroleum Springs Road Co., 
 1861 ; St. Hyacinthe corporation, 18G3; Lincoln County town, 
 18G6. 
 
 t Hamilton debt consolidation, 18G1 ; Oxford Seed Grain, 
 1863 ; Napanee Municipality, 18G5. 
 
 t Transmundane Telegraph Co., 1S59 ; St. Lawrence Navi- 
 gation Co., 18G1 ;. Xorth West Navigation and Railway Co., 
 1862. 
 
 § Dereham Drainage. 1863 5 Niagara <fc Detioit Railway, 
 1865. 
 
 II Fredericton Bank, 1867-8. 
 
 II Stanstead, Shefford & Chambly Railway, 1863.
 
 PROOF OF NOTICES. 47 
 
 practice for the House to suspend, in a particular 
 case, the Rule relative to Notice, upon a motion No suspen- 
 to that effect, without any previous action on the committee 
 part of the Standing Orders Committee ; but in e " re P° rt - 
 that year the committee made a report, repre- 
 senting- that the practice of indiscriminately dis- 
 pensing with these notices must have a most 
 injurious tendency, and suggesting that in future 
 no motion for suspending the Rule in any special 
 case be passed, until the matter in question should 
 have been favorably reported on by the com- 
 mittee ; this being acceded to by the House, 
 was acted upon for the remainder of that Session. 
 A similar recommendation made in the following- 
 year, was modified by the House so as to provide 
 that no motion for suspending the Rule in favor 
 of any petition be entertained, until the com- 
 mittee shall have reported on the subject, favor- 
 ably or otherwise ; and this is now provided for 
 in the 55th Rule. 
 
 When, in any case, the notice, upon examina- insufficient 
 tion, proves to be insufficient, it is so reported to bereport- 
 the House, and (unless accompanied by a recom- 
 mendation to suspend the Rule) all further action 
 in the matter is dropped ; the decision of the 
 committee being rarely overruled by the House* 
 One case is recorded in the Journals of the 
 
 * May, p. 653.
 
 48 PROOF OF NOTICES. 
 
 Assembly, in which the committee, having 
 reported the notice incomplete, recommended 
 that it be not dispensed with. The House never- 
 theless suspended the Rule, and referred the 
 petition back to the committee, who subsequently 
 reported favorably, and a bill was introduced.* 
 In judging as to the sufficiency of a notice 
 must be submitted for their examination, the committee 
 
 specific •in 
 
 and clear, compare its terms with those of the petition, and 
 any important variance or omission in the former 
 is fatal either to the whole measure, or to a parti- 
 cular provision therein, as the case may be. In 
 some instances the notice (though published in 
 the prescribed manner in other respects) has 
 been unfavorably reported on because it did not 
 sufficiently indicate the objects sought to be 
 attained, f This was the case with a petition 
 for an amendment to the Act incorporating the 
 G-alt and Gruelph Railway Company in 1858 ; on 
 
 -Gueipb. examining the petition, the amendment was 
 
 Railway. -, . . „ . . 
 
 found to embrace a provision for giving the 
 holders of certain bonds issued by the company 
 before mortgaging their road to the Great 
 Western Railway Company, a remedy against 
 the last mentioned company, and this not having 
 been mentioned in the notice, it was pronounced 
 
 * Huntingdon Plank Road Co., 1846. 
 t St. Lambert Municipality, 1861.
 
 PROOF OF NOTICES. 49 
 
 insufficient* In another instance,! upon an 
 application for amendments to the Act dividing Chatham 
 
 . division. 
 
 Chatham into two municipalities, the notice 
 simply referred to the Act, as 19 & 20 Vic, cap. 
 105, without mentioning the subject, and this 
 was pronounced insufficient. In the same Ses- 
 sion, the committee called the attention of the 
 House (in one of their reports) to the utter insuf- 
 ficiency of a notice given in this form, and recom- 
 mended " that in future, no notice be considered 
 sufficient that does not clearly indicate the nature 
 and subject of the] application. "J This recom- 
 mendation has been acted upon by the committee 
 ever since; and in 1862 the (51st) Rule was so 
 amended as to require every notice to be of this 
 character. 
 
 If the notice be found too general hi its terms? Petitioners 
 or if no mention be made of certain matters within the 
 included in the petition which require a specific ta e notice. 
 notice, the facts are specially reported, and the 
 promoters restricted, in the details of the bill, 
 
 * In a subsequent report, five weeks later, the committee 
 stated that the notice had since been amended, and advertised 
 in its amended form for three weeks ; and they recommended 
 that the Rule be suspended : this was done accordingly, and a 
 bill presented, but it was not proceeded with. 
 
 t Chatham division, 1860. Also, Murray gravel roads, 1862; 
 Colborne gravel roads, 1862. 
 
 % Assembly Journ., 1860, p. 126. 
 5
 
 50 PROOF OF NOTICES. 
 
 Exception, within the terms of the notice ;* or if the matters 
 so omitted are allowed to be inserted in the bill, 
 due provision is made therein for the protection 
 of all parties whose rights might be affected by 
 the want of a specific notice. f If the notice 
 has been given in one County or District only, 
 the operations of the petitioners are confined to 
 that locality.;}; 
 
 Sri! 1 " 1 " In 1865 ' in re P° rtin S" on the petition of the 
 Co. Peel General Manufacturing Company, for cer- 
 
 tain amendments to their charter, the committee 
 stated that the notice was sufficient for ordinary 
 amendments, but called the attention of the 
 House to one of a peculiar nature, under which 
 shareholders in the company might claim a 
 relaxation of the Patent Laws in favor of their 
 own inventions, when intended to be used in 
 connection with the company. The promoters 
 did not proceed with the bill. 
 
 In 1866, the County Council of Wellington, 
 
 * Port Hope Harbour, 1854-5; Vaudreuil Railway, 1854-5; 
 St. Lawrence and Bay Chaleurs Land Co., 1857 ; Brockville and 
 Ottawa Railway, I860; Onslow Survey, 1862; Preston and 
 Berlin Railway, 1862 ; Joliette incorporation, 1863 ; Eastern 
 Townships Bank, 1864 ; DeLery Gold Mining Co., 1865 ; Long 
 Point Company, 1866. 
 
 t Montreal City Loan, 1862; Buffalo & Lake Huron Rail- 
 way, 1863 ; Tadousac Hotel Co., 1865; Bank of U. C, 1866 ; 
 Clifton Suspension Bridge, 1867-8. 
 
 t St. Lawrence Mining Co., 1854-5.
 
 PROOF OF NOTICES. 51 
 
 having petitioned for an Act to legalize their By- Wellington 
 law granting aid to a certain railway, presented 
 a further petition, praying that the Rule requir- 
 ing notice might be suspended in their case ; and 
 the Committee on Standing Orders, having con- 
 sidered the last mentioned petition, reported that 
 no sufficient reason had been urged to induce 
 them to recommend a suspension of the Rule. 
 
 In one case* the committee reported that the Special 
 notice ought not to be dispensed with, but that a Re P orts 
 bill might be introduced for the relief of the 
 petitioner, by extending in his favor the time for 
 appealing against a decision of the Trinity Board. 
 The bill was accordingly introduced, but was 
 subsequently dropped. In another casef the 
 committee reported that a charter proposed to be 
 amended had become void by non user ; and the 
 House justified the report by taking no further 
 action in the matter. 
 
 In the Session of 1867-8 (after Confederation), 
 the committee reported, with reference to two 
 petitions, that they appeared to come more pro- 
 perly withhi the jurisdiction of the Local Legis- 
 lature,! and they were not proceeded with. 
 
 * Malcolm Smith, to be reinstated as a pilot, 1859, 
 t North-west Transit Co., 1861 ; and again in 1862. 
 t Gore District Mutual Insurance Association, 1867-8 ; Sor- 
 ghum Growers' Association of Essex, 1867-8.
 
 52 
 
 PEOOF OF NOTICES. 
 
 Other par- 
 ties cannot 
 avail 
 
 themselves 
 of a notice. 
 
 Petitions 
 
 referred 
 
 hack. 
 
 Further 
 Keport, 
 amending 
 a former 
 
 (See also chapter on Legislative Jurisdiction, 
 supra, p. 13.) 
 
 It may be well to state, that the committee 
 (though not reporting any such case to the 
 House) has repeatedly decided that parties hay- 
 ing a diverse interest from those by whom a 
 notice has been published, cannot avail them- 
 selves of such notice to proceed upon their own 
 account : among other cases, this decision was 
 given in regard to the Sault Ste. Marie Canal in 
 1851, and Gage's "Will case in 1862, to the know- 
 ledge of the writer. 
 
 After an unfavorable report from the com- 
 mittee, the House has, in a few instances,* 
 referred petitions back to the committee, with an 
 instruction to consider and report as to the 
 expediency of suspending the Rule. In one case 
 only f was their report favorable ; and though 
 in this instance the Rule was suspended, and a 
 bill introduced, it was subsequently abandoned. 
 
 It has occasionally happened, that after certain 
 petitions have been unfavorably reported on, 
 further evidence has been produced, sufficient to 
 satisfy the committee. In such cases they have 
 made a further report, amending the former one, 
 and representing either that the notice has since 
 
 * Reach road allowance, 1856 ; Elora incorporation, 1856 j 
 Turner's contract on Brant Gaol and Court House, 1856. 
 t Elora incorporation, 1856.
 
 PROOF OF NOTICES. 53 
 
 been continued so as to complete the full time 
 required,* or that it has been amended so as to 
 meet the requirements of the Rule,f or that the 
 evidence subsequently adduced proves that the 
 notice was sufficient for all parties concerned.^ 
 
 * Hamilton & Amherstburg Railway, 1854-5 ; Peterborough 
 School Trustees, 1857; St. Bonaventure Municipality, 1866. 
 t Gait & Guelph Railway amendment, 1858. 
 } British Farmers' Union Insurance Co. of Brantford, 1859.
 
 54 
 
 7.— PRESENTATION AND FIRST READING 
 OF BILL. 
 When a petition has been favorably reported 
 Pre«enta- on ^Y ^ ne Committee on Standing Orders, a bill 
 tionofBm. ma y b e introduced, upon amotion for leave, upon 
 a Monday, Wednesday or Friday, immediately 
 before the calling of the Orders for private 
 bills* (preceded, when the same is required by 
 the Report, by a motion to suspend the Rules). 
 The bill must be prepared by the promoters, in 
 the English and French languages, and printed 
 Printing. ( a t their expense) by the Parliamentary contrac- 
 tor ; and 500 copies in English and 200 in French,! 
 must be deposited in the Private Bill Office, 
 
 * 56th Rule, Commons. Members of the Senate exercise 
 the right of bringing in bills, in that House, without a motion 
 for leave, in analogy with the practice in the House of Lords. 
 May, p. 439. 
 
 t The printing of the French version has been occasionally 
 dispensed with in bills concerning some locality within the 
 Eastern Townships of L. Canada. — St. Francis Bank, 1854-5 ; 
 Eastern Townships Bank, 1854-5. (In the Quebec Legislature, 
 the number of copies required is, — in the Legislative Council, 
 100 English and 250 French, — in the Legislative Assembly, 250 
 English and 325 French.)
 
 PRESENTATION OF BILL. 55 
 
 and distribution thereof made before the first 
 reading.* It is only in the House of Commons, 
 however, that bills are required to be printed at 
 this stage, in conformity to the Rule adopted in 
 1867. In the Senate they are printed, as hereto- 
 fore, before the second reading.! 
 
 The amount of any rates, tolls, fees or fines Rate , and 
 inserted in the bill, must be printed in italics ; \ QXi * y: be 
 
 ' r ' in italic?. 
 
 these are technically regarded by the House as 
 blanks, to be filled up by the committee on the 
 bill, and are so inserted merely to shew the 
 amount intended to be proposed.^ 
 
 When a bill for confirming any letters patent BiUa for 
 or agreement is presented, a true copy of the ^ nfi ™t° r 1 
 same must be attached thereto. § A bill ofP atent » or 
 
 agreement. 
 
 this kind haying been referred to the Private 
 Bill Committee in 1857, they reported that they 
 could not recommend that it be passed, because 
 no copy of the letters patent was attached. The 
 omission was, however, rectified by the House, a 
 copy of the letters patent being attached to the 
 bill in committee of the whole, and it finally 
 received the Eoyal Assent. j| 
 
 In 1864, several petitions relating to munici- 
 
 * 58th Rule, Commons. 
 
 t 58th Rule, Senate. 
 
 t May, p. 670. 
 
 § 57th Rule. 
 
 II Bessemer's Patent, 1857.
 
 5G PRESENTATION OF BILL. 
 
 Provisions palities within the same district, having been 
 petitions favorably reported on, the provisions of legisla- 
 one bm d in ^ on sought by the different petitioners, were 
 
 combined into one bill by the promoters.* 
 Bills in If a bill has been informally or irregularly 
 
 introduced introduced (i.e., prior to the presentation of a 
 petition, or to the Report of the Standing Orders 
 Committee on such petition), it may be with- 
 drawn, with the leave of the House, and a new 
 bill be presented in the proper course.f 
 
 Private bills must be presented within the first 
 presenta- four weeks of the Session ;| — but this period is 
 generally extended, to correspond with a like 
 extension in favor of petitions. (See supra, p. 33.) 
 Every private bill, when read a first time, in 
 to a stand- the House of Commons, is referred to the Stand- 
 mittee^in ing Committee on Private Bills, the Standing 
 .Commons. c omm ittee on Banking and Commerce, the 
 Standing Committee on Railways, Canals, and 
 Telegraph lines, or some other Standing Com- 
 mittee of a like nature : and all petitions for or 
 against the bill§ stand referred to such com- 
 
 * Arthabaska and Wolfe Municipalities, 1864. 
 
 t Halifax Townships, 1859; Rouville Division, 1859; Clii- 
 coutimi Municipality, 1863; Union St. Joseph, Three Rivers, 
 1865. 
 
 t 49th Rule. 
 
 § In the Commons of Great Britain, petitions in favor of, or 
 against private bills, are not presented in the usual way of presen-
 
 PRESENTATION OF BILL. 5T 
 
 mittee. No bill,* originating in that House, of 
 ■which notice is required to be given under the 
 51st Rule, can be considered, after such reference, 
 until after ten clear days' notice of the sitting of 
 the committee, affixed in the lobby, and appended 
 also to the Votes. In the case of bills received 
 from the Senate, the notice required is two days 
 only.f Bills not requiring notice under the 
 51st Rule may be considered at any time after 
 reference. 
 
 This is another of the changes effected in 1867 : 
 it was adopted with a view to expedite the pro- 
 ceedings on private bills, and to enable the com- 
 mittees to enter at an earlier period upon their 
 labors, and so avoid the accumulation of business 
 too often thrust upon them near the close of the 
 Session. In the Senate, the practice in relation Reference 
 to the reference of bills (winch, until that year, in g a com- " 
 was identical hi both Houses), remains as hereto- g^ate. 10 
 fore ; bills are not referred until after the second 
 reading,! and the notice to be given by the 
 committee is one week, upon bills of the Senate, 
 
 ting petitions, but are deposited in the Private Bill Office ; and all 
 such as are deposited within a certain time after the second 
 reading of the bill, stand referred to the committee. May, p. GS5. 
 
 * 59th Rule, Commons. 
 
 t GOth Rule, Commons. 
 
 % 59th Rule, Senate.
 
 58 PRESENTATION OF BILL. 
 
 and 24 hours upon those sent up from the 
 Commons.* 
 Divorce Divorce Bills (which invariably originate in 
 
 the Upper House) are referred (after their first 
 reading in the Commons) to a selected committee, 
 in place of the Standing Committee on Private 
 Bills.f The evidence taken before the Senate 
 (a copy of which is applied for, and communi- 
 cated, by message) is referred to the committee, 
 with power to send for persons and papers, 
 and usually, to hear counsel. J The committee 
 give two days' notice of their sitting, as in the 
 case of other private bills. 
 
 * 60th Rule, Senate. 
 
 t In the British House of Commons, they are referred to 
 " The Select Committee on Divorce Bills/' May, p. 758. 
 
 $ Harris' divorce Bill, 1844-5; Beresford's do., 1852-3: 
 McLean's do., 1858 ; and again in 1859.
 
 59 
 
 8.— PAYMENT OF FEE AND CHARGES. 
 
 Immediately after the first reading (or, in the Fee paj- 
 Senate, after the second reading), and before the ^ll **%&. 
 consideration of the bill by the committee, the fee ing- 
 and all other charges thereon, must be paid into 
 the Private Bill Office . This however applies only 
 to bills " giving any exclusive privilege, or for any 
 object of profit, or private, corporate, or individual 
 advantage ; or for amending, extending or en- Limitation 
 larging any former Acts in such manner as to con- 
 fer additional powers." On all such bills a fee of 
 1100 is levied, and the promoters are charged 
 with the expense of printing 500 copies of the bill 
 in English and 200 in French, and of printing 500 
 copies of the Act in English and 250 in French, 
 with the Statutes :* this last item is subsequently 
 refunded if the bill should fail to become law.f If 
 the bill has not been prepared in both languages, 
 it is charged with the cost of translation; and 
 any additional expense incurred, for re-printing 
 the bill in an amended form, or for printing sched- 
 
 * In the Province of Quebec, the numbers of copies to be pro- 
 vided are, — of the Bill, — 100 English and 250 French for the 
 Legislative Council, and 250 English and 325 French for the 
 Legislative Assembly; — Of the Act, — 250 English and 500 
 French. 
 
 t 58th Rule.
 
 60 PAYMENT OF FEE. 
 
 ules of tolls or other papers connected therewith, 
 Fee pay- must be defrayed by the promoters. The Fee is 
 
 able in one 
 
 House payable only in the House in which the bill 
 originates, and the charges for printing are made 
 in the House in which they may be incurred. 
 On Divorce Bills (which originate in the Upper 
 House) the fee of $100 must be deposited in the 
 hands of the Clerk of the Senate at the time of 
 presenting the petition* 
 
 Formerly the amount of the Fee charged on 
 private bills was $60. In 1854-5, the Standing 
 Committee of the Assembly on Contingencies re- 
 ported a recommendation that the amount should 
 be increased upon all private bills to $200 ; f and 
 in 1862, the Committee on Private Bills report- 
 ed! m fa^or of a scale of fees, adopting the ex- 
 isting rate ($60) as the min imum, and charging two 
 rates on bills for raising or expending a sum 
 amounting to $200,000 and under $400,000,— three 
 rates when amounting to $400,000 and under 
 $600,000, and so on in proportion ; — but no action 
 was taken by the House on either Report. § In 
 
 * 84th Rule, Senate. 
 
 t Assembly Journ., 1354-5, p. 358. 
 
 t 18th Report of Committee on Private Bills, L.A., 1862. 
 
 § In the British House of Commons, every bill " for the par- 
 ticular benefit of any person or persons'' is deemed a private bill 
 within the meaning of the Table of Fees ; and a fee is charged 
 at each stage of the proceedings on the petition and bill, of like
 
 PAYMENT OF FEE. 61 
 
 the codes of Rules adopted by the Senate and 
 House of Commons in 1867, the amount of the fee 
 was raised to $100. 
 
 In a few instances the fee has been refunded Refunding 
 
 of fees. 
 
 upon the recommendation of the Private Bill 
 Committee, on the ground that the bill was aban- 
 doned by the promoters * — that it amends an 
 Act of the present Session on which the fee was 
 already paid,f — that the fee was paid in the pre- 
 vious Session,! — that the bill was rendered 
 necessary by the legislation of the previous Ses- 
 sion^ — that there were legal difficulties in the 
 way of its passing, || — that the bill has been laid 
 aside, and a general Act substituted,^ — or that 
 the amendments to the charter of a certain 
 
 amount in all cases, except that when the amount to be raised or 
 expended is £50,000 and under £100,000, the fees payable at 
 the 1st, 2nd, and 3rd readings (£45 in all) are doubled, — if be- 
 tween £100,000 and £200,000, they are tripled,— and so on in 
 proportion. Fees are also paid by the opponents of a bill, on 
 presenting a petition against it. Bristowe, pp. 135 to 137. 
 
 * St. Lawrence Mining Co., 1852-3 ; Gait & Guelph Rail- 
 way, 1866; Toronto and Owen Sound Railway, 1866; North- 
 west Transportation Co., 1866 ; Canadian Mutual Life Insurance 
 Co., 1867-8. 
 
 t Guelph lands trust, 1*54-5. 
 
 % Johnston Estate, 1864. 
 
 § Coyne's relief, 1865. 
 
 II Ayr dam and water-course (J. Watson), 1856. 
 
 1T Various bills for admission of attorneys to practise, 1857. 
 6
 
 62 PAYMENT OF FEE. 
 
 company, were rather for the advantage of the 
 public than of the company.* More frequently 
 the fee has been refunded without the recom- 
 mendation of the committee, by a motion to sus- 
 pend the Rule, though the attempt has not al- 
 ways been successful. It has been customary, 
 upon the rejection or abandonment of a bill, to 
 refund the fees, upon a special motion being* made 
 to that effect in the House, — but one instance of 
 a refusal to refund the same having occurred.! 
 The fees have even, in some instances, been re- 
 funded at a subsequent Session.^ 
 
 In 1863, a recommendation of the Committee 
 
 mendation on Private Bills, that for the future, no motion for 
 
 t°ee C requir- remitting the fee upon any bill be entertain- 
 
 ed - ed, except upon the recommendation of the 
 
 committee, § was concurred in by the House ; 
 
 and it has since been generally acted upon. 
 
 The Spring Session of 1863 having been brought 
 
 Proceed- to a premature close, before the private business 
 
 lings c»n- 
 
 ninued to could be completed, such of the bills (on which 
 
 Session, the fees had been paid) as were re-introduced at 
 
 the next Session were exempted from any further 
 
 payment. || Arrangements were also made, hi 
 
 * Provincial Insurance Co., 1858 ; U. & L. Canada Bridge 
 Co., 1864. 
 
 f Lake Superior Mining Co., 1852-3. 
 
 t Bank of Canada, 1865 (Aug. Sess.) ; Quebec Pilots, ib. 
 
 § Assembly Journ., 1863 (Feb. Sess.). p. 210. 
 
 II Assembly Journ., 1863 (Aug. Sess.), pp. 91, 93.
 
 PAYMENT OF FEE. G3 
 
 the same Session (Autumn Session of 1863), by 
 which, in case that Session should be suddenly 
 closed, all private and other bills undisposed of 
 at the prorogation should, at the beginning of the 
 next Session, be at once advanced to the stage at 
 which they had been suspended ;* and a like 
 arrangement was effected in the Spring Session 
 of 1865.f 
 
 * Assembly Journ., 1863, pp. 282, 288; 
 
 t Assembly Journ., 18G5 (Jan. Sess.), pp. 226, 246.
 
 64 
 
 9.— COMMITTEES ON PRIVATE BILLS, 
 
 AND THEIR POWERS. 
 
 Standing It has been already stated that all private bills 
 committees before the Hotise of Commons are referred, after 
 
 on pnrate 
 
 tills. the first reading, either to the Standing Committee 
 on Private Bills, or to that on Banking and Com- 
 merce, or that on Railways, Canals, and Telegraph 
 lines, or to some other Standing Committee of a 
 similar character* These committees are appoint- 
 ed early in the Session, and continue in existence 
 until its close. f They each consist of a large 
 
 * In 18G6, the Bill respecting the Bar of Lower Canada was 
 referred to a select committee. 
 
 t This differs from the practice in the Imperial Parliament, 
 where all railway and canal bills before the Commons are refer- 
 red, after the second reading, to the " General Committee on Rail- 
 way and Canal Bills," and all other private bills to the " Com- 
 mittee of Selection."' The bills are classified in groups by these 
 committees, who severally nominate special committees to con- 
 sider each group, with one of their own members as chairman. 
 (May, p. 674.) Each member of the committee on an opposed 
 bill is required to sign a declaration that his constituents have no 
 local interest, and that he Las no personal interest in the bill, &c. 
 lb., p. 682.)
 
 COMMITTEES ON PRIVATE BILLS. 65 
 
 number of members, who are nominated by a 
 committee of selection (for all standing committees) , 
 and the nomination confirmed by the House. At 
 their first meeting they proceed to elect a chair- 
 man. The quorum consists of a majority of the 
 members, though of late years it has been customary 
 for each committee, after its organization, to make 
 a report recommending a reduction of the quo- 
 rum,* which has been concurred in by the House. 
 Members may be subs equently added by theHouse . 
 
 Instructions may be given to these committees Special 
 by the House, concerning particular bills, or other tions. 
 matters.f After referring a bill, the House may 
 if it think proper, instruct the committee to report 
 it back before consideration.;}; The Private Bill 
 Committee have themselves occasionally rerjorted 
 back bills which they thought might more advan- 
 tageously be referred to another committee. § The 
 notice already given by the committee under the 
 60th Rule, has generally been declared, in such 
 
 * la 1S59, and in each subsequent Session (up to 1867, in- 
 clusive), the quorum of the Private Bill Committee was, in this 
 manner, reduced to seven members, while that of the Railway 
 Committee was, in the Sessions between 1857 and 1861 inclusive, 
 reduced to nine, but has since that time consisted of a majority 
 of the members. 
 
 t May, p. 722. 
 
 t Isle Jesus Roads Co. ; Terrebonne Roads Co., 18G3 (Feb. 
 Sess.); Napanee River Improvements Co., 1866. 
 
 § Niagara District Bank, 1863.
 
 ^6 COMMITTEES ON 
 
 cases, sufficient.* The Standing Committee on 
 - . , . Railways was, in 1852—3, instructed to consider the 
 
 especial in * 
 
 structious expediency of amending the bill for empowering 
 the G-r eat "Western Railroad Company to construct 
 a railroad from Hamilton to Toronto, so as to 
 authorize them to construct a branch railway from 
 their line to Port Dalhousie, and they reported the 
 bill with an additional clause providing for the 
 said branch.f The committee was again instruc- 
 ted in 1854-5, to enquire into the expediency of 
 establishing a branch telegraph in the Parliament 
 House ; which was subsequently effected, upon 
 their report. J In 1863, the Standing Committee 
 on Banking and Insurance, having under consid- 
 eration a bill to repeal the Acts incorporating the 
 Colonial Bank and certain other Banks that had for- 
 feited their charters, made a report suggesting that 
 they be empowered to extend their inquiries to any 
 other banks in a like position ; and they were in- 
 structed accordingly. § There are some general 
 ■General instructions given by Standing Orders of the House, 
 instruc- concernino- all private bills, viz. : — to call the atten- 
 tion of the House to any provision that does not 
 appear to have been contemplated in the notice, 
 as reported on by the Committee on Standing 
 
 * Assembly Journ., 1863 (Feb. Sess.) p. 176 ; 1866, p. 202. 
 
 t Assembly Journ., 1852-3, pp. 290, 340. 
 
 % Assembly Journ., 1854-5, pp. 177, 197, 229. 
 
 § Assembly Journ., 1863 (Aug. Sess.), p. 102. 
 
 tions.
 
 PRIVATE BILLS. 67 
 
 Orders;* — to require proof in every case that the 
 persons whose names appear in a bill for incor- 
 porating a company are of full age, and in a posi- 
 tion to effect the objects contemplated, and have 
 consented to become incorporated.! And in bills 
 for confirming any letters patent, or agreement, 
 the committee is required to see that there is a true 
 copy of the same annexed to the bill.J Certain 
 specific instructions are given by Standing Orders 
 of the Houses of Lords and Commons, to commit- 
 tees on all Railway Bills, § the object of which is, 
 no doubt, to a certain extent attained in this 
 country by the provisions of the G-eneral Railway 
 clauses consolidation Act. There are also certain 
 general instructions on all bills relating to Inclo- 
 sure and Drainage, Turnpike Roads, Cemeteries 
 and G-as "Works, and Divorce cases. || 
 
 The committee has no power to entertain ques- No power 
 tions in reference to the compliance with the i£ to n sund- 
 Standing Orders,^ (which pertains solely to the ins 0rders - 
 Standing Orders Committee) unless by s£>ecial 
 order from the House. This order is only given 
 when the House, on the report of the Standing 
 
 * 64th Rule. 
 
 t 62udRule. 
 
 t 57th Rule. See also May, pp. 713, 714. 
 
 § Bristowe, p. 23. 
 
 II Bristowe, p. 26. 
 
 IT Sherwood, p. 46.
 
 £8 COMMITTEES ON 
 
 Orders Committee, allow parties to proceed with 
 their bill on complying with certain standing 
 orders which they had previously neglected* 
 In ordinary cases the committee merely inquire 
 whether the Orders of the House have been com- 
 plied with ; and in cases where a special report 
 BUi must ^ as been made by the Standing Orders Committee 
 agree with j n reference to the extent of the notice, it is com- 
 
 the notice . 
 
 proved. pared with the powers and privileges conferred 
 by the bill, and if they appear to exceed the limits 
 of the notice, the fact is specially reported to the 
 House. f 
 Examina- The committee has power to send for persons 
 witnesses ail( l papers, and to examine witnesses upon oath, 
 upon oath. fa e eX p enses f sucn witnesses being defrayed 
 by the parties in whose interest they have been 
 summoned. Prior to Confederation, the commit- 
 tees of either House had no power to examine 
 -witnesses upon oath, several attempts to pass a 
 law to confer such a power having failed; J but 
 in the Session of 1867-8, an Act was passed em- 
 powering the committee on any private bill, in 
 either House of Parliament, to examine witnesses 
 upon oath, to be administered by the chairman 
 or any member of such committee. § 
 
 * May, p. 707. 
 
 f 64th Rule. 
 
 t Assembly Journ., 1856 pp. 493, 503, 559; and 1857, pp. 
 .31, 191. 
 
 § 31 Vic., c. 21, sections 2 and 3.
 
 PRIVATE EILLS. 6& 
 
 In all questions arising before the committee, Casting 
 the chairman votes as a member, and whenever cnairmar,.- 
 the voices are equal, he has a second or casting 
 vote.* This provision was introduced in the 
 revised code of Rules adopted in 1860, and is 
 expressly limited to committees on private bills 
 (including the Standing Committee on Private 
 Bills, and that on Railways, and any other com- 
 mittee to whom private bills may be referred) : 
 it is based on Imperial practice.! The Contro- 
 verted Elections Act of Canada confers the same 
 power on the chairman of an election commit- 
 tee.! 
 
 Every member present in the committee should Every 
 vote on all questions brought up, judging from l^icfvote- 
 the analogy of the practice of the House in this 
 respect,§ and that of Election Committees under 
 the provisions of the above mentioned Act ; though 
 in the absence of any express rule or order it 
 may be questioned whether the committee has 
 power to compel a member to vote who declines 
 to do so. || 
 
 * 63rd Rule. 
 
 f This practice prevails in committees of the Commons on 
 private bills ; but in the Lords' Committees the chairman votes 
 like any other peer; and if the numbers on a division be equal, 
 the question is negatived. May, pp. 386, 387. 
 
 t Consol. Stat, of Canada, Chap. 7, sec. 89. 
 
 § May, p. 334. 
 
 II Frere has some excellent remarks upon this question ; but
 
 TO COMMITTEES ON PRIVATE BILLS. 
 
 Cannot sit The committee cannot sit during the sitting of 
 
 during sit- ° ° 
 
 ting of the the House; all proceedings are void after an- 
 nouncement that the Speaker is in the Chair* 
 Leave has, however, in two instances, been grant- 
 ed to the Committee on Private Bills to sit during j 
 the morning sittings of the Legislative Assem- 
 bly, — once in 1858,f for one occasion only, and 
 again, in 1860.J for the residue of the Session. § 
 
 the difference in the constitution of committees on private bills 
 in the House of Commons, renders these remarks less applicable 
 to the Stauding Committees on private bills in this country. 
 Frere, p. 75, — and again, on p. 84. 
 
 * Sherwood, p. 45. 
 
 f Assembly Journ., 1858, p. G58. 
 
 t Assembly Journ., 1860, p. 311. 
 
 § By a Standing Order of the House of Commons of Great 
 Britain, 21st July, 1856, it is ordered "That on Wednesdays 
 and other morning sittings of the House, all committees shall 
 have leave to sit, except while the House is at prayers, during 
 the sitting, and notwithstanding the adjournment of the House." 
 And to avoid interruption to urgent business before committees, 
 leave is frequently obtained, on the meeting of the House in the 
 afternoon, for a committee to sit till 5 o'clock. May, p. 388.
 
 71 
 
 10.— PROCEEDINGS IN COMMITTEE ON 
 BILL. 
 
 At each sitting, a list of the bills which are Order of 
 
 considera- 
 
 ready for consideration is laid before the com- tion. 
 mittee, in the order of their reference ; and they 
 are usually taken np in that order, unless it may 
 be otherwise agreed upon, for the convenience of 
 iparties in attendance. In the case of opposed 
 bills, it is customary for the parties to come to an 
 (arrangement in the Private Bill Office for the 
 (selection of a particular day for the consideration 
 jof a bill in which they are interested ; and the 
 bill, in such a case, takes precedence of all other 
 bills aj)pointed for that day : where no such 
 Arrangement is made, the bill is taken up in its 
 order. It has been stated above, that no bill of Notice 
 Which notice by ad^eitisement is required by committee 
 pe Rules, can be considered until due notice has cas C e e s^ am 
 been given by the committee.* This notice is 
 
 * This notice consists, in the Commons, of 10 days (affixed 
 a the Lobby, and appended to the Votes), upon bills origina- 
 .ing in that House, and 2 days upon bills from the Upper 
 Eouse. (60th Rule, Commons.) In the Senate the notice
 
 72 PROCEEDINGS IN 
 
 frequently reduced by the House, towards trie 
 close of the Session, to 2 or 3 days ;* but no 
 motion to this effect (of a general nature) can 
 now be entertained by the House, except upon 
 the recommendation of two or more of the Stand- 
 ing Committees charged with the consideration 
 of private bills. f In some instances it has been, 
 dispensed with altogether, upon special motion, as 
 regards particular bills ; % the propriety of this 
 .course, however, has been much questioned, oi3 
 -the ground of the wrong inflicted on parties whcl 
 may desire to oppose any such bill, and for whose 
 protection this notice is intended ; and a suspension' 
 of the Rule in this behalf is now less frequent, being 
 jnade only in urgent cases. 
 
 Parties desirous of opposing any bill before t 
 
 must be one week (affixed in the Lobby) on bills originating ii 
 that House, and 24 hours upon bills from the Commons. (60ti 
 Rule, Senate.) 
 
 •Assembly Journ., 1857, p. 423; 1858, p. 907; 1859, J 
 271; 1860, pp. 232, 311; 1861, p. 216; 1865 (Aug. Se3S.) 
 j>p. 108, 175; 1866, p. 147. 
 
 t 60th Rule. 
 
 t Colonial Bank, 1858 ; Oshawa incorporation, 1859 ; Petefl 
 boro' and Victorialand tax, 1860; London Church land, 186J 
 {Aug. Sess.), on the recommendation of the committee, (I 
 the request of all parties. And on the 28th May, 1862, til 
 Rule was suspended altogether for the residue of the Sessioi 
 In 1863 (Aug. Sess.) it was suspended with reference to a 
 bills which had been reported on in the previous Session, whi< 
 liad closed prematurely.
 
 COMMITTEE ON BILL. 73 
 
 committee, either on the preamble or the details, Opponents 
 
 should pre- 
 
 present a petition, stating the grounds of their sent a peti- 
 opposition.* No such petition can be enter- 
 tained that does not distinctly specify the grounds 
 on which the petitioners object to the bill or any 
 of its provisions. The petitioners can only be 
 heard on the grounds so stated, and if the same 
 are not specified with sufficient accuracy, the 
 committee may direct a more specific statement 
 to be given in writing, but limited to the grounds 
 of objection which had been inaccurately speci- 
 fied.! No petitioners will be heard against the 
 preamble, unless in their petition they pray to be 
 heard against it. J If no parties, counsel, or Aad f y Ie 
 
 appear- 
 
 agent, appear on behalf of a petition when it is ance. 
 
 * In the Commons of Great Britain (as has already been 
 stated) all petitions in favor of, or against, or otherwise relat- 
 ing to private bills (except the original petition for the bill 
 and petitions for additional provisions), are now presented by 
 depositing them in the Private Bill Office. Every petition 
 against a private bill, deposited not later than 10 days after the 
 first reading, stands referred to the committee. Petitioners 
 will not be heard before the committee unless their petition 
 has been prepared and signed in strict conformity with the 
 rules and orders of the House, and has been deposited withiu 
 the time limited, except where they complain of any matter 
 which may have arisen in committee, or of any proposed 
 amendment, or additional provision. May, pp. 685, 686. 
 
 t May, p. 637. 
 
 t Bristowe, p. 28. 
 7
 
 74 
 
 PROCEEDINGS IN 
 
 Oounscl. 
 
 To what 
 extent 
 211 ambers 
 may act. 
 
 read, the opposition of the petitioner is held to be 
 abandoned.* It is right, however, to state, with 
 regard to these restrictions, that although strictly- 
 speaking they apply to all opposed bills, they are 
 never fully enforced by the committee, unless 
 the circumstances of the case appear to require it. 
 The promoters of a bill may be heard by 
 counsel if they desire it.f Petitioners against 
 the preamble or any of the clauses may be heard 
 by counsel, if, in their petition, they have prayed 
 to be heard by themselves, their counsel, or 
 agent.! No member can act as counsel before 
 the House or before any committee ; nor can any 
 member of either House act as counsel before the 
 other House, on any bill depending therein, 
 without special permission : when such permis- 
 sion is given, it is understood that the gentlemen 
 who receive it would not be permitted to vote on 
 
 * Bristowe, p. 27. 
 
 t A Parliamentary Agent appearing before a committee of 
 the British House of Commons for a private bill (or upon a 
 petition against a bill containing a prayer to be heard by coun- 
 sel) is always called on by the committee clerk to hand in the 
 names of two counsel, though the number of counsel who may 
 be heard is not limited to these. — Evidence of G. L. Smith, 
 Esq., Parliamentary Agent, — appended to the 3rd Report of 
 the Committee of the House of Commons on Private Bills, 
 1847. (Ans. to Ques. 918.) 
 
 t Standing Orders of British House of Commons relative to 
 Private Bills, 85.
 
 COMMITTEE ON BILL. 7 ~> 
 
 such bill, if it should be received by the House 
 of which they are members.* This permission 
 has in a few instances been given to members of 
 the Assembly,! — and once only to a member of 
 the Legislative Council.^ 
 
 A filled up copy of the bill, containing the Filled up 
 amendments proposed to be submitted by the bui tobs 
 promoters, must be deposited in the Private Bill 3 e< 
 Office, one clear day before the consideration of 
 the bill.§ All parties petitioning against the 
 bill are entitled to obtain a copy of the proposed 
 amendments, one day before the consideration of 
 the bill. || 
 
 In the case of the Quebec Marine Insurance Amencr- 
 Co. in 1865 (Jan. Sess.), a petition was presented, promoter. 
 on the part of the company, for leave to amend 
 their bill in a matter not contemplated by the 
 
 * May, p. 358. 
 
 f Leave was granted by the Legislative Assembly to the 
 Hon. T. C. Aylwin, in the session of 1844-5, to appear at the 
 Bar of the Legislative Council on the Naturalization Bill 
 (Donegani's), — and to Messrs. Ross and Cauchon, in 1S50, on 
 the Dorchester Bridge Bill. Assembly Journ., 1844-5, p. 408. 
 1850, p. 2G1. 
 
 t Leave was granted by the Legislative Council, in 1843, 
 to the Hon. Mr. Draper, to appear at the Bar of the Legislate 
 Assembly as Counsel on the bill relating to the University of 
 Toronto. Council Journ., 1843, p. 104. 
 
 § 61st Rule. 
 
 II May, p. 682.
 
 76 PROCEEDINGS IN 
 
 notice, and the Standing Orders Committee re- 
 ported favorably on the petition, on the ground 
 that the sanction of the shareholders to the 
 amendment had been obtained. A like course 
 was taken in regard to the Montreal Corporation 
 bill, in the autumn Session of the same year. 
 feaa mble When the committee are about to proceed to 
 the consideration of a private bill, the parties are 
 called in, and the preamble is read; this being 
 different from the practice in regard to public 
 bills, the preamble of which is postponed until 
 after the consideration of the clauses* (In- 
 stances may, however, arise, in which the com- 
 mittee may feel it desirable that they should 
 reserve their judgment upon the preamble until 
 certain details of the bill have been settled : in 
 such a case they postpone the preamble until 
 after the consideration of the clauses ; but this is 
 of very rare occurrence.) The petitions against 
 the bill are then read, and appearances entered 
 
 * This course is adopted in regard to public bills, because 
 they are founded on reasons of state policy, and the House 
 having affirmed the principle on the second reading,it becomes 
 the duty of the committee not to discuss the principle again 
 upon the preamble, but to settle the clauses first, and then to 
 consider the preamble in reference to the clauses only. (May, 
 p. 468.) But the expediency of a private bill being mainly 
 founded on the allegations of fact (contained in the preamble) 
 pro of of such allegations is necessary, as a proper basis of 
 legislation, {lb. p. 718.)
 
 COMMITTEE ON BILL. 77 
 
 upon each petition with which the parties intend 
 to proceed.* 
 
 The promoters (or their counsel) first state their Promoters 
 
 x x ' hoard. 
 
 case on the preamble, and then (if required) pro- 
 ceed to call witnesses, and to examine them. At 
 the conclusion of this examination, when the coun- 
 selor agent for any petitioner rises to cross-examine 
 a witness, is the proper time for taking objections 
 to the locus standi of such petitioner.! It is neces- Locus «««» 
 
 x . di of peti- 
 
 sary that a petitioner should state the manner m tioners. 
 which his interest is affected, in order that he may 
 obtain a locus standi at all in opposition to the 
 measure ; but the grounds of objection to the bill 
 on which he may be heard in support of such 
 opposition, are not confined to those arising imme- 
 diately out of his private interests.! 
 
 If the committee decide in favor of his locus 
 standi, he may address the committee, and produce 
 his witnesses, and they in their turn are cross-ex- 
 amined by the counsel for the promoters, who has 
 the right to reply. § The committee may, if they 
 please, hear petitioners against a bill on the ground 
 
 * May, p. 716. 
 
 t Petitioners are said to have no locus standi before a com- 
 mittee, when their property or interests are not directly and 
 specially affected by the bill, or when, for other reasons, they are 
 not entitled to oppose it. May, p. 690. 
 
 % Frere, p. 32. 
 
 § Bristowe, p. 28.
 
 78 
 
 PROCEEDINGS IN 
 
 Petitioners f competition ;* but shareholders of a company 
 
 against a tr j 
 
 &iii. promoting a bill are not heard in opposition unless 
 
 their interest be distinct from that of the com- 
 pany.! 
 
 A petitioner whose interest is affected only by 
 particular clauses in the bill, which are immaterial 
 to the main objects of the measure, and are not 
 referred to in the preamble, would have no right 
 to be heard against the preamble, but only against 
 such clauses.^ 
 
 Members If the attendance of a member of the House be 
 
 required as 
 
 witnesses required as a witness, the proper course is for the 
 -chairman to write to the member requesting his 
 attendance ; if he refuse to attend, the fact is re- 
 ported to the House, in order that they may take 
 such steps in the matter as they see ht.§ 
 mses A witness has a right to claim that his expenses 
 
 messes. be paid or guaranteed, before his examination. A 
 witness cannot correct his evidence, except by a 
 subsequent examination. || 
 
 * May, p. 695. 
 
 t May, p. 699. 
 
 t Frere, p. 33. 
 
 § Frere, p. 70. A Peer of Parliament cannot be compelled 
 to attend a committee of the Commons, but if he attend volun- 
 tarily, it is not necessary that a message be sent to the Lords 
 requesting his attendance, as is the case in committees on public 
 matters. lb., p. 71. 
 
 II Frere, p. 72.
 
 COMMITTEE ON BILL. 79 
 
 "When counsel are addressing the committee, or Ro ° m 
 
 ° . cleared for 
 
 while witnesses are under examination, the com- discussion,' 
 mittee room is an open court ; but when the com- 
 mittee are about to deliberate, all the counsel, 
 agents, witnesses, and strangers are ordered to 
 withdraw, and the committee sit with closed doors- 
 When they have decided any question, the doors 
 are again opened, and the chairman acquaints the 
 parties with the determination of the committee, 
 if it concern them.* 
 
 Members of the House who are not on the Right of 
 
 ii c tubers 
 
 committee, have a right to be present during the f the 
 examination of witnesses, but not to interfere in be°preserjt. 
 the proceedings.! It is doubtful how far the 
 committee has a right to exclude them from the 
 room when cleared for discussion, but it is always 
 customary for them to retire. 
 
 If any member insist on his right to remain, a member 
 against the wish of the committee, their only amination. 
 course is to report the circumstances of tlie case 
 to the House. J If a member of the House be 
 under examination as a witness, and the matter 
 under consideration shall have arisen out of his 
 
 ' May, p. 715. 
 
 t By a Standing Order of the House of Lords, all Peers are 
 entitled to attend the select committees of that House, and they 
 are not excluded from speaking (though they be not of the com. 
 mittee), but they may not vote. May, p. 382. 
 
 t Frere, p. 71.
 
 80 PROCEEDINGS IN 
 
 evidence, the right of the committee to exclude 
 him from the room during the discussion, is less 
 doubtful* 
 Question "When the arguments and evidence upon the 
 amble. preamble have been heard, the room is cleared, 
 and a question is put " That the preamble has 
 been proved," which is resolved in the affirmative 
 or the negative, as the case may be : f — If in the 
 negative, the committee report to the House 
 " That the preamble has not been proved to their 
 Preamble satisfaction." After this decision, it is not com- 
 ' petent for the committee to re-consider and re- 
 verse it, but the bill should (if necessary) be 
 re-committed for that purpose. | 
 In the Imperial Parliament, the committee are 
 
 * The India Judicature Committee (House of Commons), in 
 1782, having cleared the room to deliberate on the refusal of 
 Mr. Banvell to answer certain questions, he insisted on his priv- 
 ilege, as a Member of the House, of being present during the 
 debate. The committee objected that as a party concerned in 
 the matter under discussion, he had no right to be present. Mr. 
 Barwell still persisting in his right, two members attended the 
 Speaker, and returned with his opinion that Mr. Barwell had no 
 right to insist upon being present during the debate, upon which 
 he withdrew. The House subsequently ordered " That when 
 any matter shall arise on which the said committee wish to 
 debate, it shall be at their discretion to require every person not 
 being a member of the committee to withdraw." May, p. 382. 
 
 t May, p. 720. 
 
 t May, p. 722.
 
 COMMITTEE ON BILL. 81 
 
 not required to assign any reasons for thus de- 
 ciding against the further progress of the bilJ, 
 though the necessity for such information, to en- 
 able the House to determine upon their report, is Reasonf 
 obvious.* A different course prevails in Canada, asiigned 
 the committee being required to state in their re- 
 portf the grounds of their decision. Of these 
 may be instanced, — That no evidence was offered 
 in favor of the preamble, J — Insufficient informa- 
 tion or contrary evidence, § — No proof (in the 
 petition or otherwise) of consent of the parties in- 
 terested, || — No proof that the majority of those 
 whose interests would be affected are in favor of 
 the scheme,! — That the petitioners against the 
 measure are as numerous as those in its favor,** 
 or are more numerous,! f — That there is great 
 
 * Alpheus Todd's Report on Private Bills, 1847. 
 
 f 66th Rule. 
 
 t River du Chene, 1852-3; Gatien estate, 1857. 
 
 § Small's Pickering road allowance, 1852-3 ; Clarke Sur- 
 vey, 1857 ; Notre Dame du Portage Municipality, 1859; Onslow 
 Survey, 18G2. 
 
 II Bill to incorporate the Benevolent Societies of the Wes- 
 leyan Church, 1850; Guelph and Wellington Roads Co., 1859; 
 Russel Estate, 1865. 
 
 H Hull Presbyterian Church, 1356; Quebec limits exten- 
 sion, I860; Lennox and Addington separation, 1860. 
 
 ** Whitby division, 1857; Stanbridge division, 1866. 
 
 tt Grey and Simcoe division, 1857; Bolton incorporation, 
 1858 ; Durham School section, 1859; Berlin town limits, 1865.
 
 + 
 
 82 PROCEEDINGS IN 
 
 difference of opinion in the locality affected, as to 
 Preamble the expediency of the measure,* — That the state- 
 ment of facts set forth in the preamble has been 
 disproved,! — That legislative interference is not 
 desirable or necessary,! — That it would inter- 
 fere with law-suits pending, § or with existing 
 rights, |1 — That the powers sought for would not 
 advance the interests of the locality,^ — That the 
 bill provides for an extension of the powers of a 
 certain company to purposes entirely foreign to 
 its original charter,** — That it contains most un- 
 usual provisions,! f —That a certain survey 
 
 * Ayr incorporation, 1857; Halifax township, 1860; Clif- 
 ton division, 1866. 
 
 t Barton road allowance, 1852-3. 
 
 t East Hawkesbury survey, 1856; Clarke survey, 1856; 
 Van Norman estate, 1857; Delaware survey, 1857; York and 
 Peel separation, 1861 ; Quebec Stevedores incorporation, 1861; 
 Augusta Municipalities' Fund, 1862; Bruce county town, 1S64; 
 Baybam by-law, 1865, and 1866 ; Montreal Licensed Victuallers, 
 1865. 
 
 § Chatham survey, 1858; Peel county town, 1859; Rich- 
 mond Street (London) boundary line, 1861 ; Peterboro' and 
 Port Hope Railway, 1862. 
 
 II North-western Railway, 1856 ; Clifton suspension bridge, 
 1858; Bnrford survey, 1860; Hope survey, I860; Etchemin 
 bridge, 1862 ; Renfrew division, 1863. 
 
 IT St. Lawrence and Bay Chaleurs Land and Lumber Co., 1858. 
 
 ** St. Clair and Rondeau Plank Road Co. amendment, 1857. 
 
 tt Metropolitan Gas and Water Co., 1857; Richelieu Com- 
 pany, 1862.
 
 COMMITTEE ON BILL. 83 
 
 which is sought to be confirmed was not made in yL 
 conformity with the provisions of the law, * — Preamble 
 That the filled-up bill submitted to the committee +_ 
 differed materially from the printed bill as origin- 
 ally referred to them, and was not in accordance 
 with the petition,! — or, That it is in the power 
 of the Executive Government to carry into effect 
 the objects contemplated by the bill, J or the , 
 Court of Chancery (in a bill affecting the interests 
 of minors). § In one instance, in 1857, the com- 
 mittee reported, with reference to the bill to in- 
 corporate the St. Lawrence and Bay Chaleurs 
 Land and Lumber Co., that although they could 
 not say the preamble was not proved, yet they 
 could not recommend the passing of the bill, its 
 promoters being foreigners, residing out of the 
 Province. 
 
 If, upon the report of the committee concerning committee 
 a certain bill, that the preamble is not proved, JSrffcT 
 the House be not satisfied with the reasons as- ™P° rt evi - 
 
 dence 
 
 signed in the report, the committee are directed to which 
 report the reasons or evidence which guided them their de- 
 in their decision ; and these, when reported, have 
 generally satisfied the House, so that the bill has 
 
 * Beverly survey, 1864. 
 t Toronto Esplanade, 1854-5. 
 
 t Bill to vest in J. Carling and others, a portion of Church 
 Street, London, 1852-3. 
 
 § Watson's Ayr Mill-dam, 1856.
 
 84 PROCEEDINGS IN 
 
 Bill may proceeded no further.* If it should appear from 
 
 be referred x 
 
 back for the report, that the objection to the bill was not 
 ment. so much against the principle as against certain 
 details, the committee may be instructed to 
 amend the bill by striking out the objectionable 
 provisions, and report the same as amended. f 
 In one instance, however, they reported that a 
 majority against the preamble had been obtained 
 through one member having voted against it in- 
 advertently; and the instruction of the House 
 having afforded him an opportunity of correcting 
 his vote, he had done so, and this having given 
 a majority in favor of the preamble, the committee 
 reported the bill.J In other cases, the commit- 
 tee having been directed to report the evidence 
 on which their adverse decision was founded, re- 
 ported the same, and it was referred to a commit- 
 tee of the whole, with the bill, and the bill was 
 reported and passed. § 
 Alterations it is in the power of the committee to make 
 
 -.n. pream- 
 ble, alterations in the preamble, || either by striking 
 
 out or modifying such allegations as may not have 
 
 * Cornwall By-law, 1856; Metropolitan Gas and Water Co., 
 1857 ; St. Lawrence and Bay Chaleurs Land Co., 1858 j Peter- 
 boro' and Port Hope Railway, 1862. 
 
 t Richelieu Company, 1862. 
 
 t Three Rivers diocese church-rate, 1852-3. 
 
 § Clarke survey, 1857 ; Bruce County town, 1864. 
 
 II May, p. 723.
 
 COMMITTEE OX BILL. 85 
 
 been substantiated to their satisfaction, or by ex- 
 punging such as the promoters may be desirous Alterations 
 of withdrawing ; * but no new allegations or 
 provisions ought to be inserted, either in the pre- / ^^ t ^^r 
 amble or the bill, excepting such as are covered \ ^^^^ a^<, 
 by the petition and the notice, as proved before / /I s^v* £-&& 
 the Standing Orders Committee, — unless the par- &< &. %/6»«*-, t- 
 ties have received permission from the House to I £^»~- y- ^ 
 introduce such additional provisions, in com- / ^"/f^ 
 pliance with a petition for leave. f Every ma- \ 
 terial alteration in the preamble must be specially " "^ "* / ^7 S 
 reported to the House, with the reasons therefor. J \ 
 Such alterations have almost invariably hitherto 
 been of a nature to limit or reduce the powers 
 proposed to be conferred by the bill.§ An ex- 
 ception was made, however, in the case of a bill 
 for the relief of the Ministers of a certain religious 
 denomination in Montreal, in 1857, |[ — the pre- 
 amble and provisions of which were amended so 
 as to apply to all ministers of that denomination 
 in Lower Canada; and it was passed in the 
 
 * Sherwood, p. 53. 
 
 f May, p. 72 1. See also 64th Rule. 
 
 X 65th Rule. 
 
 § St. Hyacinthe incorporation, 1852-3 ; Upper Cauada 
 Mining Co., 1852-3; Toronto Bank, 1854-5; Frelighsburg 
 Grammar School, 1857; St. Gabriel de Valcartier division, 1861; 
 Renfrew By-law, 1863. 
 
 II Bill for relief of Ministers of the Church of the " Countess 
 of Huntingdon's Connexion" at Montreal, 1857.
 
 86 
 
 PROCEEDINGS IN 
 
 rut 
 
 amended form. (But see the remarks as to the 
 limitation of the power of the committee to make 
 amendments, on p. 91.) 
 "Previous It is a rule of Parliamentary practice, that the 
 cannoTbe " previous question" cannot be put in committees, 
 i. e., that if the question were proposed that the 
 preamble is proved, it is not competent for a 
 member to propose the previous question " that 
 that question be now put," for the purpose of 
 voting against it. The same rule applies, of 
 course, to the clauses, and to any amendments 
 proposed.* 
 
 When the committee have decided that the 
 preamble has been proved, they call in the parties, 
 acquaint them with the decision, and then go 
 through the bill, clause by clause, and fill up the 
 blanks ; and when petitions have been presented 
 against a clause, or proposing amendments, or for 
 compensation, the parties are heard in support of 
 their objections, or amendments, or claims, as 
 they arise. Clauses may be postponed, and con- 
 sidered at a later period in the proceedings, if the 
 committee think fit ; or clauses which the parties 
 have agreed to insert in the bill may, if neces- 
 sary, be produced before the committee decide 
 on the preamble.! Manuscript clauses are con- 
 
 Preamble 
 proved. 
 
 Proceed- 
 ings on 
 clauses. 
 
 * May, pp. 364, 473 ; Frere. p.~49. 
 t May, p. 720 ; Bristowe, p. 29.
 
 COMMITTEE ON BILL. 87 
 
 sidered after those printed in the bill, first those 
 
 proposed by the promoters, and afterwards such 
 
 as may be proposed by the opponents of the bill. * 
 
 If any unusual provisions are found in the bill, unusual 
 
 or any that do not appear to have been contem- P rovision3 - 
 
 plated in the notice, special mention is to be made 
 
 of them in the report. f 
 
 In the case of any bill sent down from the Evidence 
 Senate, the committee, if they have not sufficient from 
 evidence before them, can direct their chairman ' 
 to move in the House that a message be sent to 
 their Honors, requesting that the proofs and evi- 
 dence on which the bill was founded may be 
 communicated ; and these, when sent down, are 
 referred to the committee.J 
 
 In filling up the blanks in the bill, the commit- Rates of 
 tee are required to insert the maximum rates to11 or fee3, 
 of toll, fees, or other charges to be imposed un- 
 der its provisions, which are printed in the bill 
 in italics, for the information of the House, but 
 are technically regarded as blanks. § A prac- 
 tice obtained occasionally, for some years, of re- 
 quiring the rates of toll proposed to be inserted in 
 
 * Frere, pp. 54, 61. 
 
 t Montreal Building Society ; Montreal Gas Co. ; Toronto 
 Dry Dock ; various Mining Bills : all in 1847. See also 64th Rule. 
 
 % Counter's stove patent, 1850; Niagara and Detroit Rivers 
 Railroad, 1859; Quebec Pilots, 1860. 
 
 § May, p. 670.
 
 88 PBOCEEDINGS IN 
 
 Rates of Harbour, Bridge, or Canal Bills, to be first sanc- 
 tioned in a committee of the whole, and after- 
 wards referred to the committee on the bill for 
 insertion therein. This appears to have been the 
 usual course prior to the Union, but upon the 
 adoption of a system of Private Bill legislation, it 
 was discontinued. In the Session of 1852-3, this 
 practice was resorted to in a bill to incorporate 
 the Port Burwell Harbour Company,* and it was 
 subsequently observed in several instances ; 
 though it was always the exception rather than 
 the rule. The inconvenience of this practice is 
 most evident, as it is manifest that the committee 
 of the whole can, at that early stage of the bill, 
 have no sufficient evidence to guide them in es- 
 tablishing the rates of toll ; while on the other 
 hand, the committee on the bill have it in their 
 power to procure all necessary information : when 
 they report the amended bill, it is referred (after 
 the second reading) to a committee of the whole, 
 and an opportunity afforded to the House of ex-, 
 ercising its judgment in the matter. Moreover 
 tolls of this kind are imposed only upon such per- 
 sons as may voluntarily use the works to be con- 
 structed under the authority of the bill, as a fair 
 equivalent for a service rendered, and are thus 
 altogether different in their character from a com- 
 
 * .Assembly Journ., 1852-3, pp. 269, 285.
 
 COMMITTEE ON BILL. 89 
 
 pulsory rate, duty, or charge upon the people, Rate * of 
 which should undoubtedly originate in a commit- 
 tee of the whole* Furthermore, while the rule, 
 as regards rates, duties, etc., inserted in public 
 bills, is strictly observed in the Imperial Parlia- 
 ment, all private bills are exempt from its opera- 
 tion, including even those under which a local 
 rate is proposed to be levied for a local work.f 
 In 1862, the Committee on Private Bills presented 
 a report, recommending that the exceptional 
 practice referred to be discontinued,! and the 
 recommendation has since been generally acted 
 upon. 
 
 The amendments made by the committee are Ameni- 
 written upon a printed copy of the bill, which is ™ rted to" 
 signed by the chairman, who also signs, with his the House - 
 
 * Three Rivers Diocese Church Hate, 1852-3. 
 
 t In 1833, a committee of the Commons (Gr. B.), appointed 
 to examine into precedents in connection with this subject re- 
 ported "that the general spirit of the Standing Orders and Reso- 
 lutions of the House, requires that every proposition to impose 
 "a bur ihen or charge on any class or portion of the people, 
 " should receive its first discussion in a committee of the whole 
 a House. The only exception from this rule is with regard to 
 " tolls, rales, or duties proposed to be levied on the subject in 
 " particular places for any local ivork ; and in'such cases it is 
 " directed that no bill be ordered to be brought in till the peti- 
 " tion for it has been referred to a committee, and they have ex- 
 " amined the matter thereof, and reported the same to the 
 '•'House." May (edition of 1844), p. 275. 
 
 t ISth Rep. of Com. on Private Bills, L. A., 1862.
 
 90 PROCEEDINGS IN 
 
 initials, each amendment made, and clause added, 
 
 ments d ro- an< ^ anotner C0 Py °f the bill as amended is fyled 
 ported to in the Private Bill Office.* The committee, in 
 
 thj House. 
 
 reporting the bill, call the attention of the House 
 to any provision that does not appear to have 
 been contemplated in the notice,! or to any pro- 
 vision of an unusual character,! and if they have 
 amended the bill in such a manner as to confine 
 its provisions within the terms of the notice, § or 
 otherwise to restrict the same, || it is usually 
 mentioned in the report. It is customary also to 
 make special mention of any amendment of a 
 peculiar or unusual character, as, changing the 
 name of a proposed corporation,*!! — extending 
 the limits of a township proposed to be erect- 
 ed,** — or materially altering certain arrange- 
 ments provided for by the bill. ft In 1858, the 
 
 * 67th Rule. 
 
 f 64th Rule. See also Three Rivers Corporation, 1864. 
 
 t Quebec Pilots' Corporation, 1866. 
 
 § Middlesex debt, 1854-5. 
 
 II Toronto and Goderich Railway, 1851 ; London debt, 
 1856 ; Martin's Saltfleet road allowance, 1856 ; Fitzroy Survey, 
 1863. 
 
 ir Canadian Life and Fire Insurance Co., 1856 ; Colonial 
 Bank, 1856. 
 
 ** Franklin Township, 1857. 
 
 ft London town lot (Agricultural Societies), 1856 ; Crow- 
 land Survey, 1862; Bellelsle's relief, 1863; Foley's admission 
 as Barrister, 1864.
 
 COMMITTEE ON BILL. 91 
 
 committee reported a bill to detach certain lots in 
 
 the township of Barton from the city of Hamilton. s v cci f 
 
 -l J ' amena- 
 
 which they had so amended as to provide for ment?. 
 continuing the lots in question within the limits 
 of the city at a limited rate of taxation ; they also 
 reported a bill to provide for the separation of the 
 Counties of Durham and Northumberland, 
 amended in such a manner as to leave the ques- 
 tion of separation, &c, to the decision of the 
 reeves and deputy reeves of the County of Dur- 
 ham. In 1864, they amended a bill to erect the 
 Local Municipality of St. Colombe into a County 
 Municipality, in such a way as merely to extend 
 the powers of the said municipality in regard to 
 the issuing of tavern and shop licences. 
 
 The power of the committee to make amend- Limitation 
 ments is, however, limited ; care must be taken ° m ° a ^e r 
 in preparing them, that they involve no infrac- ^° g d " 
 tion of the Standing Orders, and are not ex- 
 cessive.* No new provisions may be intro- 
 
 * May, p. 631. Questions have frequently arisen (in the 
 Imperial House of Commons) as to the right of a committee on 
 a Railway Bill to alter the plan, which under the Standing Or- 
 ders is required to be deposited in the Private Bill Office. The 
 rules and practice of Parliament recognize this power, but the 
 committee, before adopting any deviation from the line delinea- 
 ted on the plan, require proof of the consent of the owners or 
 occupiers through whose property the proposed deviation will 
 I 38. Sherwood, p. 57.
 
 02 PROCEEDINGS IN 
 
 duced by which the interest of parties who are 
 not suitors to the bill, or petitioners before the 
 committee, can be affected, without due notice 
 having been given to such parties.* If the com- 
 StVraUons. nrittee consider a material alteration desirable in 
 a particular bill (of such a nature as appears to ex- 
 ceed their powers), they report the bill, and suggest 
 such alterations as may meet the supposed neces- 
 sity.! In 1852-3, a bill to incorporate the Mutual 
 Insurance Association for the Fabriques of the 
 Diocese of Quebec, was reported, with a recom- 
 mendation that the principle should be extended 
 to each Diocese in Lower Canada ; and the bill 
 was amended accordingly, and passed. In 1860, 
 in reporting on a bill to incorporate the Annuity 
 and Guarantee Funds Society of the Bank of 
 Montreal, the committee expressed their opinion 
 that it was advisable to make it a general measure, 
 applicable to any other Bank and its employes. 
 The suggestion was not, however, adopted by 
 the House, and the bill was proceeded with and 
 passed, as a private bill. In some cases, where 
 the committee have considered an amendment of 
 the general law preferable to the passage of pri- 
 
 * Frere, p. 64. 
 
 f B. N. American. Mining Co., 1847; Bill to remove the 
 Registry Office for the County of Terrebonne, 1847. In thi3 
 last mentioned case, a division of the county for registration 
 purposes was suggested, instead of a removal.
 
 COMMITTEE ON BILL. 93 
 
 Tate acts, they have made a special report to that 
 effect, and (occasionally) postponed the considera- 
 tion of the bills to which it had reference, to af- 
 ford an opportunity for the action of the House in 
 the matter ;* or, in other cases, they have ex- 
 punged certain proAasions, and recommended an 
 amendment of the general law in these respects.f 
 In 1867-8 (after Confederation), the question of Q Ues tion 
 jurisdiction haying been raised before them with Jjjj risdi " 
 regard to certain bills, they in one case J solicited 
 an instruction from the House, which, not being 
 given, the bill was not proceeded with : in two 
 other cases § they amended the bills and reported 
 them, calling attention, in their report, to the 
 doubts raised ; one of these bills was subse- 
 quently proceeded with, and the other abandoned. 
 (See Chapter on " Legislative Jurisdiction," ante.) 
 The committee have nothing to do with the title of 
 the bill, which is only agreed to by the House 
 after the third reading. || 
 
 * Various bills for the admission of English attorneys t o 
 practise in Canada ; also various bills for incorporating Mining 
 Companies, 1854-5. (No action was taken on the reports, and the 
 consideration of the bills being subsequently resumed, they were 
 reported and passed.) Joliette incorporation, 1863. 
 
 t Kingsey Falls Municipality, 18G4; DeLery Gold Mining- 
 Co., 1865 : Quebec Corporation, 1865. 
 
 t Civil Service Building Society, 1867-8. 
 
 § Stratford Board of Trade, and Canada Live Stock Insur- 
 ance Co., 1867-8. 
 
 II Frere, p. 66.
 
 94 PROCEEDINGS IN 
 
 Power to Power may be given to the committee by the 
 
 #vide or . . , 
 
 to consoii- House to divide a bill into two bills, or to consoli- 
 date two bills referred to them into one.* This 
 last has sometimes been done by the committee, 
 without a special Instruction.! 
 
 Abandon- Every bill referred to the committee must be 
 
 ment 01 a J 
 
 bm by its reported.! If the promoters of any bill inform 
 
 promoters. / . . 
 
 the committee that they do not desire to proceed 
 further with it, the fact is reported to the House, § 
 and the bill will be ordered to be withdrawn ;|| 
 or if any other parties before the committee, 
 either as petitioners or opponents of the bill, desire 
 to proceed with it, the committee may permit 
 them to do so.T In 1867-8, the Committee on 
 Banking and Commerce reported, with regard to 
 a bill to incorporate the Canadian Mutual Life 
 Insurance Co., that the principle of mutual life 
 
 * Frere, p. 65. 
 
 t St. Albert de Warwick Municipality, 1863. (In 1864 several 
 petitions relating to municipalities in Arthabaska and Wolfe, 
 were combined into one bill by the promoters.) 
 
 t 65th Rule. 
 
 § St. Lawrence Mining Co., 1852-3; Ottawa Water Works, 
 1866; Gait and Guelph Railway, 1866; Toronto and Owen 
 Sound Railway, 1866 ; North-west Transportation Co., 1866. 
 
 II May, p. 726. 
 
 If The Manchester and Salford improvement Bill, in 1828, 
 was abandoned in committee by its original promoters ; when its 
 opponents, having succeeded in introducing certain amendments, 
 undertook to solicit its further progress. May, p. 633. (Note.)
 
 COMMITTEE ON BILL. 95 
 
 insurance being new to this country, they could 
 not recommend its adoption unless a paid up 
 guarantee capital of at least $50,000 was pro- 
 vided ; and as the promoters were not prepared 
 to do this, they had abandoned the bill. 
 
 A bill, after it has been reported, maybe referred Bill may be 
 back to the same committee* or to some other back. 
 #ommitteef but this is very rarely done. 
 
 The evidence taken by the committee is not Evidence 
 generally reported to the House, except in those JS, without 
 cases where a special order to that effect may be aa order * 
 made ; | it is entered in a book, with the minutes 
 of the proceedings of the committee, and kept in 
 the Private Bill Office ; but in some instances the 
 committee have reported their proceedings with- 
 out an order being made.§ 
 
 If the amendments made by the committee are so Billn ? a y *> e 
 
 J re-pnnted. 
 
 important or extensive as to render it necessary that 
 it should be reprinted before its consideration by the 
 House, this is done at the expense of the promoters.|| 
 
 * Maskinonge Common, 1852-3 ; Strathroy and Port Frank 
 Railway, 1857 ; Streetsville incorporation, 1858 ; Lindsay Re- 
 serve, 1859 ; Hamilton debt, 1863 (Aug. Sess.); St, Colombe 
 Municipality, and other bills, 1864. 
 
 t Canadian Land and Emigration Co., 1865 (Jan. Sess.) ; 
 Ashley's naturalization, ib. 
 
 % Great Southern Railway, 1857. See also supra, p. 83. 
 
 § Buffalo and Lake Huron Railway, 1856; Grand Trunk 
 Railway, 1862 ; Montreal and Champlain Railroad, 1864. 
 
 II This is required in all cases, in the Imperial Parliament, 
 when the bill is amended. May, p. 728. (See also 56th Rule 
 of the Legislative Council of Quebec.)
 
 96 PROCEEDINGS IN COMMITTEE. 
 
 Time for The 49th Rule, while it limits the time for re- 
 iimited. ceiving petitions and private bills, respectively, 
 also provides that no report of any standing or 
 select committee upon a private bill be received 
 after the first six weeks, but this period is in- 
 variably extended until nearly the close of the 
 Session.
 
 97 
 
 11.— SECOND READING OF BILL. 
 
 By the 66th Rule of the House of Commons, Tlme for 
 all private bills reported from a standing com- second 
 
 r r o reading. 
 
 mittee are placed on the Orders of the Day 
 following the reception of the report,* for a 
 second reading, next after bills referred to a com- 
 mittee of the whole House, — though they are 
 usually taken up only on "Private Bill" days ;f the 
 only exception being in the case of bills on which 
 the committee have reported the preamble not 
 proven, which are not placed on the Orders of 
 the Day at all, unless by special order of the 
 House. 
 
 The second reading corresponds with the same Principle 
 stage in other bills, and in agreeing to it the firmed at 1 ' 
 House affirms the principle of the measure .% tbls stase ' 
 There is an important distinction between public 
 
 * In 1861, and in several subsequent Sessions, the commit- 
 tee, in reporting certain bills at a late period of the Session, re- 
 commended that they be placed on " the Orders of this day," 
 -which was done accordingly. Assembly Journ., 1861, p. 293, 
 &c, &c. 
 
 t In the Legislative Assembly of Quebec, Private Bills have, 
 by the 19th Rule, a place assigned to them on the Orders of 
 each day. 
 
 t May, p. 4-56. 
 9
 
 9$ SECOND READING OF BILL. 
 
 and private bills at this stage of the proceedings ; 
 a public bill being founded on reasons of public 
 policy, the House, in agreeing to its second read- 
 ing, accepts and affirms those reasons; but the 
 expediency of a private bill is mainly founded 
 upon allegations of fact, to be proved before a 
 committee. It was formerly the practice, in each 
 House, to refer the bill after the second reading ; 
 the affirmation of the principle of the bill, there- 
 fore, was necessary conditional, being contingent 
 upon satisfactory proof being made of the allega- 
 tions of the preamble. In 1867, the House of 
 Recent Commons changed their Rule in this respect, and 
 c aDge ' provided for a reference of the bill after the first 
 reading,* — the second reading being postponed 
 until alter the committee had reported. By this 
 arrangement the House is put in possession, before 
 the second reading, of the facts of the case, and is 
 therefore in a position to deal with the bill upon 
 its merits. This change has not been adopted as 
 yet, by the Senate, and bills before that House are 
 referred, as heretofore, after the second reading.! 
 Hearing of The usual time for counsel to be heard at the 
 Counsel. j> ar Q £ ^ e House upon a bill (pro or con) is at the 
 second reading ; but opposition has rarely been 
 offered, hitherto, at this stage, unless upon 
 the assumption that the principle of the proposed 
 
 * 59th Rule, Commons, 
 t 59th Rule, Senate.
 
 SECOND READING OF BILL. 09 
 
 measure was objectionable on grounds of public 
 policy." Upon four occasions only, in Canada, 
 has counsel been heard at the Bar against the 
 second reading of private bills. f In one in- 
 stance, X the House resolved (upon petitions from 
 the parties) to hear counsel, for and against the bill, 
 upon the question for going into committee of the 
 whole thereon : this having been (under the ar- 
 rangements then in force) the first opportunity 
 afforded for the action of the House after the re- 
 port of the committee, corresponded, in point of 
 fact (as regarded the time for hearing opposition) 
 with the second reading under the new arrange- 
 ment. The bill having been reported by the 
 committee with amendments, they were directed 
 to report the evidence, and the same was printed, 
 with the bill in its amended shape. The Order 
 of the Day for the House in committee on the bill, 
 being read, counsel was called in and heard: it 
 
 * Sherwood, p. 37. The Street Rail Com'y Bill was thrown 
 out on the second reading, in the British House of Commons, 
 10th April, 1861, on notice being taken that it trenched on 
 public rights. In England it is the duty of the Chairman of 
 Committee of Ways and Means, under a standing order, to call 
 the attention of the House to all such cases. Hansard's 
 Debates, vol. 162, p. 641. 
 
 t University of Toronto (King's College) Bill, (a Ministerial 
 private bill), 1843, 1844-5, and 1846: Montreal Corsumers' 
 Gas Co., 1846. 
 
 % Great Southern Railway, 1857.
 
 100 SECOND READING OF BILL. 
 
 was then moved " that this House will resolve it- 
 self into the said committee on this day three 
 months : r ' the consideration of this motion was 
 postponed, and the bill was subsequently aban- 
 doned. It may be here observed, that a motion 
 to postpone the consideration of a bill for three 
 or six months, offered at any stage, is, if agreed 
 to, equivalent to a rejection of the bill for that 
 Session.* 
 Private Bills on the Orders of the Day, in the 
 *£y a , te House of Commons, are called up on Mondays, 
 
 Bill days, . . 
 
 Commons, immediately after the daily routine of business ; 
 on Wednesdays and Fridays they are called for 
 the first hour, at the evening sitting ; while on 
 Tuesdays and Thursdays they do not appear on 
 the Orders at all.f Private Bills in the hands 
 of members of the Administration, are placed 
 among the " Government Orders" on Grovernment 
 days (Tuesdays and Fridays). In the Senate, no 
 days are specially appointed for the consideration 
 of private bills, but they come up from day to day, 
 according to their relative position upon the 
 Orders of the Day. 
 
 * May, P . 673. 
 
 t 19th Rule, Commons. (See note on p. 97.)
 
 101 
 
 12.— PROCEEDINGS IN COMMITTEE OF 
 THE WHOLE. 
 
 All Private Bills, after the second reading, are _ . 
 
 °' Reference 
 
 at once referred to a committee of the whole to com - 
 
 tt n t mittee of 
 
 House, for consideration on some future day. * whole. 
 Several bills may be considered in committee at 
 the same time.f 
 
 Counsel may be heard at the Bar of the House, Hearing of 
 at this or any other stage,! but the usual time is Counsel - 
 at the second reading. (See remarks on this sub- 
 ject, under " Second Reading of Bill," ante, p. 98.) 
 
 It may be well to remark here, that while it is, 
 of course, competent to the House to amend or 
 
 * This differs from the practice in the Imperial Parliament, 
 where such private bills as are reported without amendment are 
 ordered for a third reading ; while those reported with amend- 
 ments are referred to the Chairman of Ways and Means, and the 
 Speaker's Counsel, to report whether (in their amended form) 
 they contain the provisions required by the Standing Orders, 
 &c. May, p. 729. 
 
 f May, p. 467. Also, Assembly Journ., 1860, p. 445 ; 1861, 
 p. 319; 1863 (Aug. Sess.), p. 173; 1864, p. 373; 1S65 (Jan. 
 Sess.), p. 234; 1866,. p. 195. 
 
 t May, p. 460.
 
 102 PROCEEDINGS IN 
 
 Amend- reject any bill after it has been reported by a select 
 select com- committee, and to amend or reject any of the 
 generally amendments agreed to by the committee, prac- 
 by C< the ed tically this right is rarely exercised. The inabil- 
 House. ity of the Honse to discuss a private bill upon its 
 merits in the absence of such information as evi- 
 dence alone can supply, renders its reference to a 
 eelect committee indispensable ; and the House 
 practically delegates its responsibility to that com- 
 mittee, and almost invariably accepts their de- 
 cision. The principle thus acted upon by our 
 Canadian Legislature, has been established in the 
 Imperial Parliament as the result of a very long 
 experience in private bill legislation. The Eight 
 Hon. John E. Denison, Speaker of the House of 
 Commons, a very high authority in all matters 
 connected with either public or private Par- 
 liamentary business, hi his evidence before a com- 
 mittee of that House upon the Business of the 
 House, in 1861, says, in reference to this ques- 
 tion, — " If you look at the precedent of private 
 of Speaker " legislation, you will see that some few years ago 
 on?his f C ' " ^ was ne ^ ^ na t it would be quite impossible to 
 subject, i. concede such enormous interests as railway in- 
 " terests to a committee of five men ; but these 
 " enormous interests, such as the consolidation of 
 " all the railways in the centre of Scotland, which 
 " was discussed before the House of Commons the 
 " other day, and the great question of the docks at
 
 COMMITTEE OF THE WHOLE. 103 
 
 " Liverpool and the Mersey, now go to five men 
 " appointed by the Committee of Selection, and 
 " practically there is no appeal from their decision, 
 " because the House has been obliged almost to 
 " adopt as a rule that it will not interfere with the 
 "decision of committees."* In a subsequent 
 part of his evidence, after re-iterating this state- 
 ment, he adds, that the House is more disposed 
 to support the decision of the committee, because 
 the smallness of the number of the members in- 
 creases the responsibility of the committee. f 
 
 In pursuance of this principle, the practice has Amend- 
 prevailed of late years, in the Lower House, in committee 
 
 .-,-, ... „in commit 
 
 the consideration oi private bills m committee 01 tee of the 
 the whole, of not treating the amendments made 
 by the select committee as amendments, but con- 
 sidering the bill, as amended, as a whole ; thus in 
 reporting the bill to the House, the chairman re- 
 fers only to the amendments made in com- 
 mittee of the whole. Bills from the Senate form 
 a necessary exception to this practice, as every 
 amendment made to the bill as sent down from 
 that House must be communicated for its concur- 
 rence. 
 
 Before the House resolves itself into committee 
 on a bill, an instruction may be given to the com- 
 
 * Report from the Select Committee of the House of Com- 
 mons, on the business of the House, 1861. (Ans. to Ques. 155.) 
 f Same Report. (Ans. to Ques. 183 to 186 and 192.)
 
 104 PROCEEDINGS IN 
 
 instruc- mittee, empowering them to make provision for 
 committee & n y matters not relevant to the subject matter of 
 of whole, the bill. An instruction is not ordinarily compul- 
 sory, but rather permissive ; a mandatory or com- 
 pulsory instruction may, however, be given, and 
 instances are to be found in which committees on 
 bills have been instructed " that they do make 
 provision," &c, or " do make two bills into one."* 
 An instruction should always be made a distinct 
 question, after the order of the day has been read, 
 and not as an amendment to the question for the 
 Speaker leaving the chair, unless its object be to 
 prevent the sitting of the committee ; as the amend- 
 ment, if agreed to, supersedes the question for 
 the Speaker leaving the Chair. f No amend- 
 Power to men ^ which is irrelevant to the bill (as extending 
 amend in its operations beyond the limits expressed in the 
 
 committee . 
 
 limited, preamble and title, &c.) can be made without 
 an instruction.! If any amendment be made 
 that is not within the title of the bill, the com- 
 mittee amend the title accordingly, and report the 
 same specially to the House. § 
 
 Special in- In the Session of 1852-3, the committee of the 
 whole on the bill to empower the Municipal 
 
 * May, p. 461. 
 f May, p. 362. 
 t May, p. 474. 
 
 § Standing Order, Brituh House of Commons, 19th July, 
 1854. Bristowe, p. 133.
 
 COMMITTEE OF THE WHOLE. 105 
 
 Council of the County of Two Mountains to sub- 
 scribe for stock in any railway passing through 
 that county, was instructed to inquire into the 
 expediency of the extending its provisions to the 
 County of Terrebonne. The bill was amended 
 accordingly and passed, and was subsequently 
 amended by the Legislative Council so as to ex- 
 tend its operation also to the counties of Rou- 
 ville and Missisquoi. 
 When it may be found necessary to insert, in clauses 
 
 afFcctinj? 
 
 a private bill, a clause affecting the public revenue, pu biic re- 
 property, or credit, the authority therefor must originate*' 
 (with the consent of the Government) emanate ^ it fJ™ " f 
 from a committee of the whole : thus, in 1866, whole - 
 the Canada Vine Growers' Association having 
 applied for an Act of incorporation, a bill was in- 
 troduced and proceeded with in the ordinary[way ; 
 and the consent of the Government having been 
 obtained, a Resolution (originating in committee 
 of the whole) was passed by the House, exempt- 
 ing the wines made by the Association from 
 excise duties for a term of ten years ; and the 
 Resolution was referred to the committee of the 
 whole on the bill, to make the necessary provision 
 therein. In 1867-8, this exemption was extended 
 for a further period of two years, — the same 
 course being taken as before. 
 When it is intended to propose any important Notice to 
 
 be given of 
 
 amendment in committee of the whole, or at the amend- 
 ments.
 
 106 PROCEEDINGS IN 
 
 third reading, one day's notice thereof must be 
 given* 
 In the committee of the whole, the same course 
 proceedhJg ^ s adopted as in the select committee, — the question 
 tee'onhe 4 * being proposed on the preamble first, f The 
 whole. chairman then reads the number of each clause 
 in succession, with the marginal note which ex- 
 plains its objects. If no amendment be offered to 
 a clause, he at once puts the question, " That this 
 clause stand part of the bill," and proceeds to the 
 Amend- next. When an amendment is proposed, he 
 men s ' states the line in which the alteration is to be 
 made, and puts the question in the ordinary form. 
 No amendment can be made to a clause after the 
 committee has passed on to another clause ; nor 
 can any amendment be offered to any clause which 
 is irrelevant to the subject matter of such clause, 
 but the same should be submitted, as a separate 
 clauses clause, at the end of the bill. J Clauses may be 
 postponed, postponed, unless they have been amended, when 
 it is not regular to postpone them. Postponed 
 
 * 68th Rule. In the Commons of G. B., every such amend- 
 ment is also, in ail cases involving a necessity therefor, referred 
 to the Committee on Standing Orders for their report. May, p. 
 728. 
 
 f In this respect differing from the course pursued upon 
 public bills, the preamble of which is postponed until the clauses 
 have been settled. 
 
 t May, p. 469.
 
 COMMITTEE OF THE WHOLE. 107 
 
 clauses are considered after the other clauses are 
 disposed of, and before any new clauses are 
 brought up. If the committee cannot go through Report' 
 the whole bill at one sitting, they direct the chair- 
 man to report progress, and ask leave to sit again. 
 When the bill has been fully considered, the 
 chairman puts a question, <: That I do report this 
 bill without amendment," or " with the amend- 
 ments, to the House ;" which being agreed to, the 
 sitting of the committee is concluded, and Mr. 
 Speaker resumes the chair : upon which the 
 chairman approaches the steps of the Speaker's 
 chair, and reports from the committee that " they 
 had gone through the bill and had made amend- 
 ments thereto," or that " they had gone through 
 the bill and directed him to report the same 
 without amendment." * Sometimes, however, 
 the proceedings of a committee are brought to a 
 close by an order ' ; That the chairman do now 
 leave the chair ;" in which case the chairman, 
 being without instructions, makes no report to the 
 House, and the bill disappears from the Order 
 Book and is generally regarded as defunct ; but 
 it is nevertheless competent for the House to ap- 
 point another day for the committee, and to pro- 
 ceed with the bill.f 
 
 * May, p. 476. 
 t May, p. 476.
 
 108 PROCEEDINGS IN COMMITTEE. 
 
 When the chairman has reported the bill to the 
 Proceed- House, the entire bill is open to consideration, 
 report. and amendments may be made, and new clauses 
 added (of which due notice has been given, as 
 above mentioned), or the bill may be re-committed 
 for further amendment.* If amendments have 
 been made in committee, the question is at once 
 put upon each amendment, in the order in which 
 it stands in the bill ; or the consideration of the 
 bill, as reported, may be postponed to a future 
 day. If any of the amendments are supposed to 
 be in excess of the Notice given by the promoters 
 of the bill, the proper course is to refer them to 
 the Committee on Standing Orders for their re- 
 port. f 
 
 "When the bill has been reported, and the 
 Third read- amendments made in committee (if any) have 
 ing or or- k een <ji S p 0se( i f by the House, it is ordered for a 
 third reading on the following day. The practice 
 of engrossing on parchment, all bills ordered for 
 a third reading, was discontinued in 1851, when 
 both Houses agreed to substitute bills printed by 
 the Queen's Printer, for the engrossed copies : a 
 further change was made in 1862, when the 
 printing of these bills was transferred to the Par- 
 liamentary contractors, with whom it still remains. 
 
 * May, p. 478. 
 
 t Ottawa & Prescott Railway, 1865 (Jan. Se33.); Cobourg 
 & Peterboro' Railway, 1865 (A.ug. Sess.)
 
 109 
 
 13.— THIRD READING OF BILL. 
 
 Private bills on the Orders of the Day for a Tim0 for 
 third reading, take precedence, on Private Bill |^ rd read ' 
 days (see remarks under "Second reading of Bill" 
 supra, p. 100) of all other Orders.* At this stage 
 it is not customary to make any amendments but 
 such as are merely verbal; no important amend- 
 ment may be proposed without one day's notice 
 thereof:! if it be considered necessary, the order 
 for the third reading may be discharged, and the 
 bill re-committed. 
 
 This is usually the stage at which the Queen's Rights of 
 consent is signified to any bill affecting the pro- 
 perty or interests of the Crown .J 
 
 The order for the third reading being read, the Passage 
 member in charge of the bill moves, 1st, " That of bllL 
 the bill be now read a third time; 2nd, "That the 
 bill do now pass, and that the title be," &c. The 
 
 * 20th Rule, Commons. 48th Rule, Senate. 
 t 68th Rule (both). 
 X May, p. 732. 
 10
 
 110 THIRD READING OF BILL. 
 
 Clerk is then ordered to carry the bill to the 
 Senate, and desire their concurrence. 
 
 Every stage of a private bill, in its passage 
 through the House of Commons, has now been 
 described. It may be here mentioned, that, in 
 accordance with the practice on public bills, a 
 bill may, upon urgent and extraordinary occa- 
 No stand- sions,be advanced two or more stages in one day,* 
 suspended but exce pt m cases of urgent and pressing neces- 
 notice 1 ' s *^' uo mo ^ 011 ma y ^ e ma( le to dispense with 
 any Standing Order relative to private bills with- 
 out due notice,! printed in the Votes. 
 Bills If abillbe subsequently returned from the Senate 
 
 amended 
 
 by Senate, with amendments, the member in charge (or any 
 
 other member acting for him) moves " That the 
 
 amendments made by the Senate to the Bill (title) 
 
 be now taken into consideration." They are then 
 
 read by the Clerk a first time, and if merely 
 
 verbal or unimportant, they are read a second 
 
 time, and may be at once agreed to ; the Clerk is 
 
 then ordered to carry the bill to the Senate. If 
 
 Amend- any of the amendments be important, they are 
 
 ferred, i n referred to the Standing Committee to which the 
 
 cas«s' Q bill was originally referred,! and all further pro- 
 
 * 43rd Rule. 
 
 t 70th Rule. 
 
 % 69th Rule. See Guelph & Lake Huron Railway, 1SG4 ; 
 St. Charles Bridge, L866 ; Port Hope, Lindsay & Beaverton 
 Railway, 1866.
 
 THIRD READING OF BILL. 1 1 1 
 
 ceedings on the matter are suspended until their 
 report is received. 
 
 The practice in the Senate with reference to buis 
 any of their bills which may have been returned by com- 
 from the Commons with amendments, differs mon3 ' 
 somewhat from that of the Commons in this re- 
 spect, — leaving it optional to refer the amend- 
 ments to the select committee, or to a committee 
 of the whole* 
 
 If the House disagree to one or more of the Amend- 
 
 ° ments di£- 
 
 amendments, a committee is appointed to draw agreed to. 
 up the reasons for disagreeing, and they are com- 
 municated to the Senate at a conference,! an< l 
 an opportunity is thus afforded to the Senate of 
 not insisting upon the amendments objected to; 
 or the reasons may be set forth in the motion for 
 disagreeing, and communicated by message .J In 
 the event of both Houses refusing to yield the 
 point in discussion, the bill is withdrawn or aban- 
 doned. § 
 
 In case a bill should not be proceeded with m BilIs not 
 
 proceeded 
 
 the Senate, m consequence of amendments having with in 
 
 Senate 
 
 been made which infringe the privileges of the 
 Lower House, the same proceedings are adopted 
 
 * 09th Rule, Senate, 
 t Levis incorporation, 18G1. 
 t Quebec Corporation, 1866. 
 § Sherwood, p. 74.
 
 112 THIRD READING OF BILL. 
 
 as in case of a public bill. A committee is ap- 
 to°search ee P om ^ e ^- t° search the Journals of the Senate, and 
 Jcnmais. on their report, another bill may be ordered, in- 
 cluding the amendments made by the Senate.* 
 
 * May, p. 733.
 
 113 
 
 14.— PROCEEDINGS ON PRIVATE BILLS 
 
 IN THE SENATE. 
 
 The proceedings on private bills in the Upper 
 House differed materially from those in the Lower 
 House, until the year 1861 ; but in that year the Proceed- 
 Legislative Council adopted Private Bill Rules identical 
 identical with those of the Legislative Assembly. J? com- S ° 
 Some changes were made in these Rules by the m0Q3 ' 
 House of Commons, in the first Session after Con- 
 federation, — the most important of which consist- Exception. 
 ed in the reference of bills after thejirst instead of 
 the second reading (hereinbefore referred to) : this 
 change, and certain minor alterations contingent 
 upon it, were not adopted by the Senate, and bills 
 before that House are therefore referred, as here- 
 tofore, after the second reading. In other respects 
 the proceedings of the two Houses may be said 
 to be identical.* When any such bill has been 
 
 * The House of Lords have certain Standing Orders which 
 are not common to both Houses. By one called the " Wharn- 
 cliffe Order," it is provided that no bill empowering an existing 
 company to execute or contribute to work3, other than those for 
 which it was originally constituted, or for the amalgamation,
 
 114 PROCEEDINGS IN 
 
 Evidence, referred to a select or standing committee, the 
 same course is taken for obtaining evidence upon 
 the preamble ; or the committee can, if they de- 
 sire it, instruct their chairman to move that a 
 message be sent to the Commons, requesting that 
 the proofs and evidence on which the bill is 
 founded may be communicated,* and these, 
 when received, are referred to the committee. 
 
 sitting of In the case of bills upon which notice by adver- 
 e " tisement is required by the Rules, the committee 
 give twenty-four hours' notice of their sitting.! 
 
 Origina- By far the greater number of private bills are 
 
 in either introduced first in the Commons, but no arrange- 
 ment has yet been effected between the two 
 Houses, similar to that in operation in the Imperial 
 Parliament, for regulating the class of bills whcih 
 should originate in each House. A reference to 
 
 dissolution, or abandonment of the company, will be allowed to 
 proceed without proof that a meeting of the proprietors was held, 
 at which the bill was approved. There are also (under other of 
 their Standing Orders) special matters required to be proved, or 
 to be don<\ in certain classes of bills ; and it is especially pro- 
 vided that no bill for the regulation of any trade, or the exten- 
 sion of the term of a patent, is to be read a second lime, until a 
 select committee has reported upon the expediency of taking it 
 into further consideration. May, pp. 738 to 740. 
 
 • Pickering Harbour and Road Bill, 1852-3 ; Bill to remedy 
 defects in title to Lot 1, Broken concession A. and B, township 
 of Hamilton, 1854-5. 
 
 t 60th Rule, Senate.
 
 THE SENATE. 115 
 
 the remarks on this subject in the Preliminary 
 Chapter, and the corresponding Note, will ex- 
 plain the nature of this arrangement, (supra, p. 5.) 
 
 Divorce Bills* are introduced first in the Senate, {Jj™"? 8 
 and there are certain Standing Orders concerning 
 them which are peculiar to that House. On the 
 presentation of the petition, a sum of $100 is de- Fee. 
 posited in the hands of the Clerk, f in place of 
 the fee levied upon other private bills after the 
 second reading. Notice of the application must 
 be published in the Official Gazette, and in two Notice. 
 other newspapers, during six months before the 
 presentation, instead of two months,! and various 
 matters must be proved on the reading of the 
 petition, which are specified in detail in the Chap- 
 ter headed ;c Proof of Notices," &c. (supra, p. 38.) 
 The bill, when presented, cannot be read a First and 
 second time until 14 days shall have elapsed from reading of 
 the first reading : a notice of the day appointed bllL 
 therefor, with a copy of the bill, are served on the 
 party from whom the divorce is sought ; and 
 proof, on oath, of such service (where the same is 
 possible) is adduced at the Bar before the second 
 reading. § The petitioner attends below the Attend- 
 
 B 3.I1C6 01 
 
 Bar, at the second reading, to be examined gene- petitioner, 
 rally, or as to any collusion between the parties 
 
 * The remarks concerning Divorce Bills, and bills for the rever- 
 sal of Attainders, are inapplicable to the Legislature of Quebec. 
 t 84th Rule, Senate. 
 X 73rd Rule, Senate. 
 § 77th Rule, Senate.
 
 116 
 
 PROCEEDINGS IN 
 
 Examina 
 tion of 
 witnesses 
 
 Counsel. 
 
 to obtain a separation, unless such attendance is 
 dispensed with.* After the second reading, 
 witnesses are examined at the Bar, on oath, in 
 support of the bill, the preliminary evidence being 
 that (by certificate or otherwise) of the due cele- 
 bration of the marriage of the parties. f The 
 counsel for each party may be heard at the Bar ) 
 either on the evidence, or on the provision for 
 the future support of the wife. J Witnesses are 
 summons notified by a summons under the hand and seal 
 fo e r 7T °f the Speaker, served at the expense of the party 
 applying therefor, by whom also their expenses 
 are defrayed. § Any witness refusing to attend 
 is taken into the custody of the Usher of the Black 
 Rod, and is liable for all expenses attending such 
 Bin re- default. II After the second reading, the bill is 
 
 ferred to 
 
 committee referred, not to a select or standing committee, 
 
 but to a committee of the whole House, f No 
 
 Prohibit- bill to dissolve a marriage on the ground of adul- 
 
 orv cltLU^c 
 
 ' tery is received, without a clause prohibiting the 
 offending party from marrying ; but this clause 
 is struck out in committee, or on the report, ex- 
 cept in very peculiar cases.** In all subsequent 
 
 * 78th Rule, Senate. 
 
 t 79th Rule, benate. 
 
 % 80th Rule, Senate. 
 
 § 81st Rule, Senate. 
 
 II 82nd Rule, Senate. 
 
 IT May, p. 757. 
 
 ** May (Edit, of 1855), p. 611.
 
 THE SENATE. 117 
 
 proceedings, divorce bills are dealt with in the 
 
 same manner as other private bills. If any mat- Unprovi- 
 
 , , . ded cases, - 
 
 ter not provided for by the Rules should arise, 
 reference is had to the Rules and practice of the 
 House of Lords.* When the bill is reported, 
 and any amendments that may have been made 
 are disposed of by the House, it is ordered to be 
 read a third time on a future day, when it is 
 read a third time, passed, and sent to the Com- 
 mons in the usual form. 
 
 Bills for the reversal of attainders, or for there- Reversal off 
 storation of honors and lands, are first signed by & c . 
 the Governor General, and are presented in the 
 Senate (without a previous petition) by command 
 of His Excellency ; f after which they pass 
 through the ordinary stages, and are sent to the 
 Commons. Here the Queen's consent is signified 
 before the first reading ; and if this form be over- 
 looked, the proceedings will be null and void. 
 After the second reading,;}; they may be ordered 
 to be read a third time on a subsequent day, with- 
 out reference to a committee. Such bills receive 
 
 * 85th Rule, Senate. 
 
 t Matthews' attainder reversal ; Council Journ., 1846, p. 147. 
 
 t In the British House of Commons, such bills, after the 
 second reading, are committed to several members specially 
 nominated, " and all the members of this House who are of Her 
 Majesty's most honorable Privy Council, and all the gentlemen 
 of the long robe." May, p. 750.
 
 118 
 
 PROCEEDINGS IN THE SENATE 
 
 Proceed- 
 ings in 
 Commons 
 on bills 
 from 
 Senate. 
 
 the Royal Assent in the usual form, as public 
 bills* 
 
 The bills sent down to the Commons pass 
 through the same stages, and are subject to the 
 same rules, as other private bills, except that 
 divorce bills are referred to a selected instead of 
 a standing committee. "When any private bill 
 (not being a divorce bill)f is so received, that is 
 not based on a petition which has been already 
 reported on by the Committee on Standing Or- 
 ders, it is taken into consideration and reported 
 on by the said committee, after the first reading, J 
 with reference to the notices required by the 
 Rules. 
 
 * May, p. 751. 
 t May, p. 757. 
 X 54 th Rule.
 
 no 
 
 15— ROYAL ASSENT. 
 Private bills receive the Royal Assent in the "Public 
 
 Act" 
 
 same manner and form, and at the same time, as clause. 
 public bills. Heretofore, every private Act, al- 
 most without exception, contained a clause de- 
 claring that it " shall be deemed a public Act." 
 The effect of this clause was that it should be 
 - construed as an enactment that such Act should 
 be judicially noticed by all Judges, Justices of 
 the Peace and others, without being si>ecially 
 pleaded ; whereas private Acts which did not 
 contain such a clause could be judicially noticed 
 only when specially pleaded. But by the " In- ^ ^* t 
 terpretation Act" passed in 1867, it is expressly p^" 1 * 6 
 provided that " every Act shall, unless by express Acts. 
 provision it is declared to be a Private Act, be 
 deemed to be a Public Act, and shall be judicially 
 noticed by all Judges, Justices of the Peace, and 
 others, without being specially pleaded ; and all 
 copies of Acts printed by the Queen s Printer, 
 shall be evidence of such Acts and of their con- 
 tents." * 
 
 * 31 Vic, cap. 1, sec. 7., sub. -sec. (A similar provision was 
 made by the Legislature of Quebec, in the " Interpretation 
 Act," 31 Vic, cap. 7, sec. 6.)
 
 120 ROYAL ASSENT. 
 
 Printing of Until the year 1849, private Acts were printed 
 
 private acts ** . 
 
 with the with the public statutes, and bound together in 
 the same volume. In that year, an Act was 
 passed* which provided that local Acts should 
 be printed (at the expense of the Province) in 
 such number only as should suffice for distribu- 
 tion to the Judges, Public Departments, and cer- 
 tain local functionaries ; and that of private or 
 personal Acts, 150 copies only should be printed, 
 at the expense of the parties obtaining the same. 
 Under this arrangement no private Acts of any 
 class were printed for general distribution with 
 the Statutes ; and the inconvenience attending it 
 was so strongly felt, that in 1851 an Act was 
 passedf providing for the printing and distri- 
 bution of all local, private, and personal Acts, in 
 the same manner, and to the same extent as the 
 public Acts, — reviving, in fact, the former prac- 
 tice of binding up all the Acts of a Session, pub- 
 lic and private, in the same volume. But by the 
 "Interpretation Act" of 1867, it is provided that 
 the Governor in Council may direct the distribu- 
 tion of the Statutes in such manner, either by the 
 binding of the Public General Acts, and Acts of a 
 local or private character, in separate volumes, or 
 by binding them together in the same volumes 
 
 * 12 Vic, cap. 16. 
 t 14, 15 Vic, cap. 81.
 
 ROYAL ASSENT. 121 
 
 with, separate indexes or otherwise, as may be 
 deemed expedient* It may be worthy of con- 
 sideration whether the public convenience would 
 not be sufficiently consulted by printing a limited 
 number (say 500 copies) of the local and private 
 Acts, binding them in a supplementary volume, 
 and distributing them with the public Acts only 
 where they are really required.! This would 
 cause a large saving in the cost of printing, and 
 would disencumber the Statute Book of a mass 
 of enactments which have no bearing on the 
 statute law of the land. 
 
 * 31 Vic, cap. 1, sec. 13. 
 
 t All such private Acts of the Imperial Parliament as con- 
 tain the " public" clause are printed in a separate collection, 
 and are known as local or personal Acts. Another class, con- 
 sisting chiefly of iuclosure, drainage, and estate Acts, are printed 
 by the Queen's Printers, and contain a clause declaring that a 
 copy so printed " shall be admitted as evidence thereof by all 
 judges, justices and others," and a further enactment that the 
 "Act shall not be deemed a public Act." A third class, con- 
 sisting of name, naturalization, divorce, and other strictly per- 
 sonal Acts, are not printed ; but a list of them is inserted by the 
 Queen's Printers after the titles of the other private Acts. May, 
 pp. 759, 760.. 
 
 11
 
 122 
 
 APPENDIX I. 
 
 RULES COMMON TO BOTH HOUSES 
 
 IN RELATION TO 
 
 PRIVATE BILLS. 
 
 Note. — The Rules of the Legislative Council and Legislative 
 Assembly of Quebec correspond with these, except that the Rules of 
 the Council are numbered from 47 to 70; some little variation occurs 
 in respect to the printing of bills, which is referred to in its place. 
 
 Petitions 49, ]S[o Petition for any Private Bill is received 
 
 for Private 
 
 Bills. by The House [Senate] after the first three weeks 
 of each Session ; nor may any Private Bill be pre- 
 sented to The House [Senate] after the first four 
 weeks of each Session ; nor may any Report of 
 any Standing or Select Committee upon a Private 
 Bill be received after the first six weeks of each 
 Session. [And no Motion for the general suspen- 
 sion or modification of this Rule shall be enter- 
 tained by The House, unless after reference made 
 thereof at a previous sitting of The House, to the 
 several Standing Committees charged with con- 
 sideration of Private Bills, or upon Report sub- 
 mitted by two or more of such Committees.]* 
 
 * This sentence occurs in the Commons Rule only.
 
 RULES RELATIVE TO PRIVATE BILLS. 123 
 
 50. The Clerk of The House [Senate] shall, dur- Pubiica- 
 ing each Recess of Parliament, publish weekly cTerkfof ° 
 in the Official Gazette, the following Rules re- 5™ to'fe 
 specting Notices of intended applications for Pri- tlce ' *°- 
 vate Bills, and in other newspapers (English and 
 French) the substance thereof; and shall also, im- 
 mediately after the issue of the Proclamation con- 
 vening Parliament for the despatch of business, 
 publish in the Official Gazette, and in other 
 newspapers, as aforesaid, until the opening of 
 Parliament, the day on which the time limited 
 for receiving Petitions for Private Bills will ex- 
 pire, pursuant to the foregoing Rule ; and the 
 Clerk shall also announce, by notice affixed in the 
 committee rooms and lobbies of this House [the 
 Senate] by the first day of every Session, the time 
 limited for receiving Petitions for Private Bills, 
 and Private Bills, and Reports thereon. 
 
 51. All applications for Private Bills, properly p °f^ t i for 
 the subjects of legislation by the Parliament of Bills - 
 Canada within the purview of " The British 
 North America Act, 1867," whether for the erec- 
 tion of a Bridge, the making of a Railroad, Turn- 
 pike Road, or Telegraph Line ; the construction 
 or improvement of a Harbour, Canal, Lock, Dam 
 or Slide, or other like work ; the granting of a 
 right of Ferry ; the incorporation of any particular 
 Trade or Calling, or of any Banking or other Joint 
 Stock Company ;* or otherwise for granting to any 
 
 * The Quebec Rule omits " Banking," and substitutes various 
 local matters under Provincial jurisdiction.
 
 124 KTJLES RELATIVE TO 
 
 individual or individuals any exclusive or pecu- 
 liar rights or privileges whatever, or for doing any 
 matter or thing which in its operation would 
 affect the rights or property of other parties, or 
 relate to any particular class of the community ; 
 or for making any amendment of a like nature to 
 any former Act, — shall require a Notice, clearly 
 and distinctly specifying the nature and object 
 of the application, to be published as follows, 
 viz.: — 
 _ .. , In the Province of Quebec — A Notice inserted in 
 
 Notices for J ^ 
 
 Private the Official G-azette, in the English and French 
 languages, and in one newspaper in the English, 
 and one newspaper in the French language, in 
 the District affected, or in both languages if 
 there be but one paper ; or if there be no paper 
 published therein, then (in both languages) in 
 the Official G-azette, and in a paper published in 
 an adjoining District. 
 
 In any other Province — A Notice inserted in the 
 Official G-azette, and in one newspaper published 
 in the County, or Union of Counties, affected, or 
 if there be no paper published therein, then in a 
 newspaper in the next nearest County in which 
 a newspaper is published. 
 
 Such Notices shall be continued in each case 
 for a period of at least two months, during the in- 
 terval of time between the close of the next pre- 
 ceding Session and the consideration of the Petition.
 
 PRIVATE BILLS. 125 
 
 52. Before any Petition praying for leave to tmi Bridge 
 bring in a Private Bill for the erection of a Toll- 
 bridge, is presented to the House [Senate], the 
 person or persons intending to petition for such 
 
 Bill, shall, upon giving the Notice prescribed 
 by the preceding Rule, also, at the same time, and 
 in the same manner, give Notice of the Rates 
 which they intend to ask, the extent of the 
 privilege, the height of the arches, the interval 
 between the abutments or piers for the passage of 
 rafts and vessels, and mentioning also whether 
 they intend to erect a drawbridge or not, and 
 the dimensions of the same. 
 
 53. Petitions for Private Bills, when received Petitions 
 by The House [Senate], are to be taken into con- portedon 
 sideration (without special reference) by the Com- j^/orders 
 mittee on Standing Orders ; which is to report in Committee 
 each case, whether the Rules with regard to No- 
 tice have been complied with ; and in every case 
 where the Notice shall prove to have been insuffi- 
 cient, either as regards the Petition as a whole, or 
 
 any matter therein which ought to have been 
 specially referred to in the Notice, the Committee 
 is to recommend to The House [Senate] the course 
 to be taken in consequence of such insufficiency 
 of Notice. 
 
 54. All Private Bills from the Senate [House of 
 Commons], (not being based on a Petition which 
 has already been so reported on by the Committee)
 
 126 RULES RELATIVE TO 
 
 Private shall be first taken into consideration and report- 
 Senat e r .° m e <l on by the said Committee in like manner, after 
 the First Reading of such Bills, and before their 
 consideration by any other Standing Committee. 
 Sus on*ion ^' ^° ^-°ti° u f°r the suspension of the Rules 
 of ituies. upon any Petition for a Private Bill is entertained, 
 unless the same has been reported upon by the 
 Committee on Standing Orders, 
 introduc- 56. All Private Bills are introduced on Petition, 
 Pdvafe anc * P resente( i to The House [Senate], [upon a 
 Biils - motion for leave, to be made on a Monday, "Wed- 
 nesday, or Friday, immediately before the calling 
 of the Orders for Private Bills, — and * ] after such 
 Petition has been favorably reported on by the 
 Committee on Standing Orders. 
 Letters 57. When any Bill for confirming any Letters 
 
 Patem.. or p a t en t or Agreement is presented to The House, 
 
 Agree- o - 1 - * 
 
 mems. [Senate] a true copy of such Letters Patent or 
 Agreement must be attached to it: 
 
 58. The expenses and costs attending on Private 
 
 Fees, and x ° 
 
 cost of pre- Bills giving any exclusive privilege, or for any 
 
 paring and n * . . , . 
 
 printing object of profit, or private or corporate or mdi- 
 
 Biiis. vidual advantage; 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 
 
 * These words occur in the Commons Rule only. (In the 
 Rule of the Legislative Assembly, the limitation to Monday, 
 Wednesday and Friday, is omitted.)
 
 PRIVATE BILLS. 127 
 
 obtain any such Bill, shall be required to pay into Fees and 
 the Private Bill Office the sum of one hundred charges - 
 dollars, immediately after the [First Reading * ] 
 thereof: and all such bills shall be prepared in the 
 English and French languages, by the parties ap- 
 plying for the same, and printed by the Contrac- 
 tor for printing the Bills of The House [Senate], 
 and 500 copies thereof in English and 200 copies 
 in Frenchf shall be deposited in the Private Bill 
 Office [and distribution thereof made, before the 
 First Reading | ] ; and no such Bill shall be read 
 a Third time until a certificate from the Queen's 
 Printer shall have been fyled with The Ulerk, 
 that the cost of printing 500 copies of the Act in 
 English and 250 in French. § for the G-overnment, 
 has been paid to him. 
 
 The Fee payable on the [First Reading * ] of p ee> an j 
 any Private Bill is paid only in the House in which panting, 
 such Bill originates, but the cost of printing the where pai(L 
 same is paid in each House, 
 
 59. Every Private Bill, when read a [First time Bills and 
 || ] is referred to the Committee on Private Bills, referred 1 . 8 
 if any such shall have been appointed, or to some 
 other Standing Committee of the same character ; 
 
 * ''Second reading," in Senate Rule. 
 
 t In the Quebec Rule these numbers are 100 English and 
 250 French (Legislative Council), — and, 250 English and 325 
 French (Legislative Assembly). 
 
 t In the Senate Rule, the words " before second reading," 
 occur in place of those between brackets. 
 
 § In the Quebec Rule. — 250 English and 500 French. 
 
 I! " Second time," in Senate Rule.
 
 128 
 
 RULES RELATIVE TO 
 
 and all Petitions before The House [Senate] for or 
 against the Bill are considered as referred to such 
 
 Committee. 
 
 Commons. 
 60. No Committee on any Pri- 
 
 Sitting of vate Bill, originating in this House, 
 
 Committee f w hich Notice is required to be 
 given, is to consider the same un- 
 til after ten clear days' Notice of 
 the Sitting of such Committee has 
 been first affixed in the Lobby; nor, 
 in the case of any such Bill origina- 
 ting in the Senate, until after two 
 days' like Notice. And no Motion 
 for any general suspension or mod- 
 ification of this Rule, shall be enter- 
 tained by theHouse, unless after re- 
 ference made thereof at a previous 
 sitting of The House, to the sever- 
 al Standing Committees charged 
 with consideration of Private Bills, 
 or upon Report submitted by two 
 or more of such Committees. 
 
 the Lobby ; nor, 
 in the case of 
 any such Bill 
 originating 
 
 2. On the day of the posting of first affixed in 
 any Bill under this Rule, the Chief 
 Clerk of the Private Bill Office, 
 shall append to the printed Votes 
 and Proceedings of the day, a No- 
 tice of such posting : and he shall 
 also append to the Votes of each 
 day, a Notice of the meetings of 
 any of the Standing Committees 
 charged with the consideration of, til after twenty 
 Private Bills or Petitions therefor, f our hours' like 
 that may have been appointed for 
 the following day. 
 
 61. A copy of the Bill containing the Amend- 
 
 Senate. 
 
 60. No Com- 
 mittee on any 
 Private Bill ori- 
 ginating in the 
 Senate.ofwhich 
 Notice is re- 
 quired to be 
 given, is to con- 
 sider the same 
 until after a 
 week's notice 
 of the Sitting 
 of such Com- 
 mittee, has been 
 
 in 
 
 of 
 
 the Houce 
 Commons, un- 
 
 notice.
 
 PRIVATE BILLS. 129 
 
 ments proposed to be submitted to the Standing Deposit of 
 Committee, shall be deposited in the Private Bill bui in Pri- 
 Office, one clear day before the meeting of the Jfik e Bin 
 Committee thereupon. 
 
 62. All personswhose interest or property may Consent cf 
 be affected by any Private Bill, shall, when re- terested. 
 quired so to do, appear before the Standing Com- 
 mittee touching their consent, or may send such 
 consent in writing, proof of which may be de- 
 manded by such Committee. And in every case, 
 
 the Committee upon any Bill for incorporating a 
 Company, may* require proof that the persons 
 whose names appear in the Bill as composing the 
 Company, are of full age, and in a position to 
 effect the objects contemplated, and have consent- 
 ed to become incorporated. 
 
 63. All questions before Committees on Private Voting m 
 Bills are decided by a majority of voices, includ- c0 
 
 ing the voice of the Chairman ; and whenever 
 the voices are equal, the Chairman has a second 
 or casting vote. 
 
 64. It is the duty of the Select Committee to Extraordi- 
 
 nary pro- 
 which anv Private Bill may be referred bv The visions m: 
 
 Bill = 
 
 House [Senate], to call the attention of The House 
 [Senate] specially to any provision inserted in such 
 Bill that does not appear to have been contem- 
 plated in the Notice for the same, as reported upon 
 by the Committee on Standing Orders. 
 
 * In the Rule of the Legislative Council of Quebec, " shall " 
 is substituted for "may."
 
 130 RULES RELATIVE TO 
 
 Report of 65. The Committee to which a Private Bill 
 ommi ee mQ y j iaye ] Deen referred, shall report the same to 
 The House [Senate], 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 stated in the Report. 
 Preamble QQ. "When the Committee on any Private Bill 
 no prove . re p 0r f. ^ rj^e House [Senate] that the Preamble 
 of such Bill has not been proved to their satisfac- 
 tion, they must also state the grounds upon which 
 they have arrived at such a decision ; and no Bill 
 so reported upon shall be placed upon the Orders 
 of the Day unless by special order of The House 
 [Senate]. 
 
 [2. Private Bills otherwise reported to The 
 House by such Committee, shall be placed upon 
 the Orders of the Day following the reception of 
 the Report, for a second reading, in the proper 
 order, next after Bills referred to a Committee of 
 the "Whole House.* ] 
 Chairman 67. The Chairman of the Committee shall sign 
 B°iiis S and "with his name at length, a printed copy of the 
 men e °. d " Bill, on which the Amendments are fairly written, 
 and shall also sign with the initials of his name, 
 the several Amendments made and Clauses added 
 in Committee ; and another copy of the Bill, with 
 the amendments written thereon, shall be pre- 
 pared by the Clerk of the Committee, and fyled 
 
 * This paragraph occurs in the Commons Rule only.
 
 PRIVATE BILLS. 131 
 
 in the Private Bill Office, or attached to the Re- 
 port. 
 
 68. No important Amendment may be proposed Amend- 
 to any Private Bill, in a Committee of the Whole Spouse. 
 House, or at the Third Reading of the Bill, unless 
 
 one day's notice of the same shall have been given. 
 
 69. "When any Private Bill is returned from the Bill 
 
 amendod 
 
 Senate [House of Commons] with amendments, by Senate, 
 the same not being merely verbal or unimportant, 
 such amendments are, previous to the Second 
 Reading, referred to [a Committee of the Whole, 
 or to * ] the Standing Committee to which such 
 Bill was originally referred. 
 
 TO. Except in cases of urgent and pressing ne- Dispensing 
 cessity, no Motion may be made to dispense with ™g ordenJ 
 any Standing Order relative to Private Bills, with- 
 out due notice thereof. 
 
 71. A Book, to be called the " Private Bill Re- BmRegis. 
 gister," shall be kept in a room to be called the ter - 
 " Private Bill Office," in which Book shall be en- 
 tered, by the Clerk appointed for the business of 
 that Office, the name, description, and place of 
 residence of the parties applying for the Bill, or 
 of their agent, and all the proceedings thereon, 
 from the Petition to the passing of the Bill ; such 
 entry to specify briefly each proceeding in The 
 House [Senate], or in any Committee to which 
 
 * These woid3 occur in the Senate Rule only.
 
 132 RULES RELATIVE TO 
 
 the Bill or Petition may be referred, and the day 
 on which the Committee is appointed to sit. Such 
 book to be open to public inspection daily, during 
 Office hours. 
 
 72. The [Chief* ] Clerk of the Private Bill 
 Ku com- Office shall prepare, daily, lists of all Private Bills, 
 " ttittee8, and Petitions for such Bills, upon which any Com- 
 mittee is appointed to sit, specifying the time of 
 meeting and the room where the Committee 
 shall sit ; and the same shall be hung up in the 
 Lobby. 
 
 (The following Rules may also be given, as 
 bearing on the practice in Parliament in relation 
 to Private as well as Public Bills.) 
 
 (Senate) 
 sjnprovid- 113. — j_ n all unprovided cases, the rules, usages, 
 
 od cases, -i 
 
 Senate. and forms of the House of Lords are to be fol- 
 lowed. 
 
 (Commons.) 
 
 Pariia- ^- — Every Parliamentary Agent conducting 
 
 AgentF proceedings before the House of Commons, shall 
 be personally responsible to the House and to 
 the Speaker for the observance of the rules, 
 orders and practice of Parliament, and rules pre- 
 scribed by the Speaker, and also for the payment 
 of all fees and charges ; and he shall not act as a 
 
 * In Commons Rule only.
 
 PRIVATE BILLS. 133 
 
 Parliamentary Agent until he shall have received 
 the express sanction and authority of the Speaker. 
 74. — Any Agent who shall wilfully act in vio- Agents 
 
 J ° J violating 
 
 lation of the rules and practice of Parliament, or Rules iia- 
 of any rules to be prescribed by the Speaker, or pension. 
 who shall wilfully misconduct himself in prose- 
 cuting any proceedings before Parliament, shall 
 be liable to an absolute or temporary prohibition 
 to practise as a Parliamentary Agent, at the 
 pleasure of the Speaker ; provided that upon the 
 application of such Agent, the Speaker shall state 
 in writing the ground for such prohibition. 
 
 116. — In all unprovided cases, the rules, usages Unprorid- 
 and forms of the House of Commons of the United Commons. 
 Kingdom of Great Britain and Ireland shall be 
 followed. 
 
 12
 
 134 
 
 APPENDIX IP 
 
 EULES OF THE SENATE 
 
 CONCERNING 
 
 BILLS OF DIVORCE. 
 
 73. Every Applicant for a Bill of Divorce is 
 notices 6 required to give Notice of his intended applica- 
 pubhshed. j-j 011j an( j j- S p ec ify f r0 m whom and for what 
 
 cause, by advertisement during six months, in 
 the Official Gazette, and in two newspapers pub- 
 lished in the District, in Quebec, or County or 
 Union of Counties in the other provinces, where 
 such Applicant usually resided at the time of the 
 separation, or if the requisite number of papers 
 cannot be found therein, then in the adjoining 
 District, or County or union of Counties. 
 
 The Notice for the Province of Quebec, is to 
 be published in the English and French lan- 
 guages. 
 
 74. A copy of the Notice, in writing, is to be 
 
 And sgtv™ 
 
 cd on ad- served, at the instance of the Applicant, upon
 
 DIVORCE BILLS. 135 
 
 the person from whom the Divorce is sought, if verse P ar * 
 the residence of such person can be ascertained ; 
 and proof on Oath of such service, or of the 
 attempts made to effect it to the satisfaction of 
 The Senate, is to be adduced before The Senate 
 on the reading of the Petition. 
 
 75. "When Proceedings in any Courts of Law Proceed- 
 have taken place prior to the Petition, an exem- courts 
 plification of such Proceedings to final judgment, 
 duly certified, is to be presented to The Senate' 
 
 on the reading of the Petition. 
 
 76. In cases where damages have been award- phages 
 
 ° levied. 
 
 ed to the Applicant, proof on Oath must be ad- 
 duced, to the satisfaction of The Senate, that such 
 damages have been levied and retained, or ex- 
 planation given to The Senate for the neglect or 
 inability to levy the same under a writ of execu- 
 tion, as they may deem a sufficient excuse for 
 such omission. 
 
 77. The Second Reading of the Bill is not to Formaii- 
 take place until fourteen days after the first 2nd read? 
 reading, and Notice of such second reading is to 1Dg * 
 
 be affixed upon the Doors of The Senate during 
 that period, and a copy thereof, and of the Bill, 
 duly served upon the party from whom the 
 Divorce is sought; and proof, on Oath, of such 
 Service, adduced at the Bar of The Senate, before 
 proceeding to the second reading, or sufficient
 
 136 
 
 DIVORCE BILLS. 
 
 Petitioner 
 to appear. 
 
 Evidence 
 of celebra- 
 tion of 
 marriage. 
 
 Counsel 
 hear d. 
 
 Witnesse. , 
 how sum- 
 moned. 
 
 proof adduced of the impossibility of complying 
 with this regulation. 
 
 78. The petitioner is to appear below the Bar 
 of The Senate, at the second reading, to be 
 examined by the Senate, generally, or as to any 
 collusion or connivance between the parties to 
 obtain such separation, unless The Senate think 
 fit to dispense therewith. 
 
 79. After the Second Reading, "Witnesses are to 
 be heard at the Bar of The Senate on Oath ; the 
 preliminary evidence being that of the due cele- 
 bration of the marriage between the parties, by 
 legitimate testimony, either by witnesses present 
 at the time of the marriage, or by complete and 
 satisfactory proof of the certificate of the ofnciat- 
 h\g minister or authority. 
 
 80. The Counsel for the Applicant, as well as 
 the party from whom the Divorce is sought, may 
 be heard before the Bar of The Senate, as well on 
 the evidence adduced, as on the provisions for the 
 future support of the wife, if deemed necessary. 
 
 81. The "Witnesses are notified to attend by a 
 Summons, to issue under the hand and seal of 
 The Speaker, to the parties applying for the same, 
 on application to The Clerk of The Senate, and 
 served at the expense of the said parties, by the 
 Usher of the Black Rod, or his authorized Deputy ; 
 and every Witness is allowed his reasonable
 
 DIVORCE BILLS. 137 
 
 expenses, to be taxed by The Senate, or any 
 Officer thereof appointed for that purpose. 
 
 82. Witnesses refusing to obey the Summons ^.®° ™" 
 are, by Order of the Senate, taken into the custody attend. 
 of the Usher of the Black Rod, and not liberated 
 therefrom, except by Order of The Senate, and 
 
 after payment of the expenses incurred. 
 
 83. Every Bill of Divorce is to be prepared in bui pre- 
 the English and French languages by the party p^ntecTby 
 applying for the same, and printed by the Con- P° tltloner - 
 tractor for the Sessional Printing for The Senate, 
 
 at the expense of the party ; and five hundred 
 copies thereof, in English, and two hundred 
 copies in French, must be deposited in the Office 
 of The Clerk of The Senate, and no such Bill is 
 to be read a third time until a certificate from the 
 Queen's Printer shall have been filed with The 
 Clerk, that the cost of printing 500 copies of the 
 Act in English, and 250 copies in French for the 
 Government, has been paid to him. 
 
 84. Every applicant for a Bill of Divorce, at Amount to 
 the time of presenting the Petition, is to pay into e pai ' 
 the hands of The Clerk of The Senate, a sum of 
 
 One hundred dollars, to cover the expenses 
 which may be incurred by the Senate during the 
 progress of the Bill. 
 
 85. In all unprovided cases, reference should Unprovid- 
 
 ed cases. 
 
 be had to the Rules and Decisions of the House 
 of Lords.
 
 138 
 
 APPENDIX III. 
 
 FORM OF PETITION TO THE THREE BRANCHES OF THE 
 LEGISLATURE, FOR A PRIVATE BILL. 
 
 Form of To His Excellency the Eight Honorable Sir 
 
 lency. 
 
 Petition to 
 
 E a I™ 1 ' Jo HN Young, Baronet, X.C.G., G.C.M.G., 
 Governor General of Canada, &c, &c, &c.,* 
 
 In Council. 
 
 The Petition of the undersigned of the 
 
 of 
 Humbly Sheweth: 
 
 That (here state the object de- 
 sired by the petitioner in soliciting an Act). 
 Wherefore your petitioner humbly prays that 
 Your Excellency may be pleased to sanction 
 the passing of an Act (for the purposes above 
 mentioned) . 
 And as in duty bound, your petitioner will ever 
 
 pray. 
 
 [ Seal, in the case 
 
 (Signature) \ of an existing 
 [ Corporation. 
 (Date.) 
 
 * Petitions to the Lieut. Governor of Quebec, are addressed, 
 (l To His Honor Sir Narcisse Fortunat Belleau, Knight, 
 Lieutenant Governor of the Province of Quebec."
 
 FOPM OF PETITION. 139 
 
 (To either House.) 
 
 ji.mj.iTT i i n i Senate J Form of 
 
 * To the Honorable the J } petition to 
 
 ( House 01 CommOllS J Senate or 
 
 r r^i i • t» House of 
 
 ot Canada, m Parliament assembled : Commons. 
 
 The Petition of the undersigned of the 
 
 of 
 
 Humbly Sheweth : 
 
 That (here stale the object de- 
 sired by th e petitioner in soliciting an Act.) 
 
 "Wherefore your petitioner humbly prays that 
 Your Honorable House may be pleased 
 to pass an Act (for the purposes above men- 
 tioned). 
 
 And as in duty bound, your petitioner will 
 ever pray. 
 
 (Signature) •{ Seal, as above. 
 
 /Date.) 
 
 * Petitions to the Legislature of Quebec are addressed, 
 
 um it. tt ii « ( Legislative Council ) ... _ 
 
 '• To the Honorable the i ° [-of the Province 
 
 (Legislative Assembly J 
 
 of Quebec, in Provincial Parliament assembled."
 
 141 
 
 INDEX. 
 
 Abandonment of bill: 
 
 If a bill be abandoned by its promoters, the fact is reported, or the com- 
 mittee may permit other parties to proceed with it, 94. 
 
 Agents : — See Parliamentary Agents. 
 
 Agreements : 
 
 Copy thereof to be attached to any bill for confirming the same, 55, 126, 
 
 Aliens : — See Naturalizations. 
 
 Amalgamation of bills : 
 
 Provisions of several petitions included in a single bill, 56. 
 Provisions of several bills consolidated into one, 94. 
 
 Amendments : 
 
 Instructions to select committee on bill, concerning amendments, 65, 94.— 
 To committee of whole, 103. 
 
 Filled up copy of bill, containing any proposed amendments, to be deposited 
 by promoters before day for consideration of bill, 75, 128. 
 
 Petitions from promoters, for leave to amend their bill, 75. 
 
 Alterations in preamble to be specially reported, S5, 130 ; — or material altera- 
 tions in bill, 90. 
 
 No new provisions (not covered by petition and notice) can be inserted by 
 committee without leave of the House, 85. — But an extension of the 
 operation of a bill may be recommended to the House, 92. 
 
 No new provisions may be inserted affecting interests of parties not repre- 
 sented before committee, without due notice to such parties, 91. 
 
 No amendment irrelevant to the bill can be made in committee of whole 
 without an instruction, 104. 
 
 Notice must be given of amendments proposed in committee of whole, 105, 
 131; — or after report of committee of whole, 10S;--or at third 
 reading, 109, 131.
 
 142 INDEX. 
 
 Amendments — continued. 
 
 No amendment can be proposed to a clause, in committee of whole, after 
 the committee has passed on to another clause, 106. 
 
 May be made by the House, after report of committee of whole, 108. 
 
 Amendments in excess of notice, should be referred to Standing Orders Com- 
 mittee, 108. 
 
 Verbal amendments only can be made at third reading; but bill may be 
 re-committed, 109. 
 
 Amendments of Senate to a bill originating in Commons, are referred to 
 the committee of the Commons to which the bill was originally re- 
 ferred, 110, 131. — Practice in Senate with regard to amendments of 
 Commons, 111, 131. 
 
 Amendments of Senate disagreed to; conference desired, 111 ;— or a mes- 
 sage may be sent to the Senate communicating the reasons for dis- 
 agreeing, ib. 
 
 Attainders : 
 
 Bills for reversal of attainders, 117. 
 
 Banking ; 
 
 Placed under control of the Parliament of Canada, 13. 
 Suggestion that all Bank bills should originate in the CommonF, 5. 
 Standing committee on Banking and Commerce ; appointment and powers, 
 61. See Private Bill Committee. 
 
 Blanks : 
 
 Rates, tolls and fines are inserted in bill in italics, technically regarded as 
 
 blanks, 55. 
 Committee to fill up the blanks with the maximum rates, 87. 
 
 Bridges : 
 
 Notice of applications for toll-bridge bills, to specify rates of toll, <fec, 39, 
 
 123, 125. 
 Rates to be printed in the bill in italics, 55 ; — to be filled up by committee, 
 
 87. 
 Exceptional practice of originating rates of toll in committee of whole in 
 
 some instances, 87 ; — inexpediency of this course demonstrated, 88. 
 
 Business undisposed of : 
 
 Arrangement (in certain Sessions) for taking the same up at the next 
 Session, 62.
 
 INDEX. 143 
 
 Canal Bills : — See Railways ; Tolls. 
 
 Casting Vote : 
 
 Chairman of any committee on private bills (and no other) has a second or 
 casting vote, 69, 129. 
 
 Clearing of Room : 
 
 Committee room may be cleared for discussion, 79. 
 
 Committee of ichole on private bills : 
 
 All bills, after second reading, referred to a committee of whole, 101. 
 Two or more bills may be considered together, 101. 
 Counsel heard (on one occasion) against a bill, at this stage, 99. 
 Amendments of select committee, not treated as amendments in committee 
 
 of whole, but bill considered as a whole, 103. 
 Instructions to committee, mandatory or permissive, 101. 
 No amendment irrelevant to the bill can be made without an instruction, 104. 
 Notice must be given of amendments to be proposed in committee, 105, 131. 
 Course of proceeding in committee, 106. 
 No amendment can be proposed to a clause after committee has passed on 
 
 to another clause, 106. 
 Rise without reporting ; bill then regarded as defunct, but may be revived, 
 
 107. 
 Report bill to the House, 107. 
 
 Proceedings in the House, after report, 10S. — Bill may be re-committed, ib. 
 Amendments made in committee in excess of the notice, should be referred 
 
 to Standing Orders Committee, 108. 
 
 Committees (Select) on pirivate bills : 
 
 On ordinary bills, — See Private Bill Committee ; Railways. 
 On Divorce bills, 5S. See Divorce Bills. 
 
 Companies for transacting business throughout the Dominion : 
 Incorporation of, 18. 
 
 Competition : 
 
 Parties may be heard against a bill on the ground of competition, 77. 
 
 Conference with Senate : 
 
 On disagreeing to their amendments to bills, 111. 
 
 Consent of parties : 
 
 Proof thereof required, in certain cases, 67, 92, 129. 
 
 Queen's consent to bills affecting the property, Ac, of the Crowa, 109.
 
 1-14 INDEX. ' 
 
 Consolidation of bills : 
 
 Power may be given to a committee to consolidate two or more bills into 
 one; 94. — Occasionally done without an instruction, ib. 
 
 (Continuance of Proceedings : 
 
 Proceedings on private bills continued (on two occasions) to the next 
 Session, 62. 
 
 Counsel : 
 
 Heard at the Bar at the second reading, 98 ; — before consideration in com- 
 mittee of whole, 99, 101 ;— At the Bar of the Senate, on Divorce bills, 
 116, 136. 
 Promoters or opponents may be heard before the committee by counsel, 74. 
 No member of the House can act as counsel, 74. 
 A member of the other House may so act, by special leave, 74. 
 
 Crown, Bights of : 
 
 Queen's consent signified at third reading, to any bill affecting the pro- 
 perty or interests of the Crown, 109 ; — to a bill for reversal of an at- 
 tainder, before the first reading, 117. 
 
 Dtnison, Right Hon. J. E. : 
 
 Evidence of Right Hon. J. E. Denison, Speaker of House of Commons, on 
 private bill legislation, 102. 
 
 Disagreeing to amendments of Senate : 
 
 On disagreeing to the amendments of the Senate to a bill, a conference 
 may be desired, or a message may be sent to the Senate, communi- 
 cating the reasons for disagreeing, 111. 
 
 Divorce Bills : 
 
 Pertain to the Parliament of Canada, 13. 
 
 Introduced first into the Senate, 5. 
 
 To be prepared by petitioner, and printed at his expense, 137. 
 
 Special notice, and other preliminary proceedings to be proved thereon, 39, 
 
 134, 135. 
 Fee paid on presenting petition, 115, 13". 
 Fourteen days to elapse between 1st and 2nd readings; with service of 
 
 notice thereof, 115, 135. 
 Examination of petitioner and witnesses, at second reading, 115,136. — Mode 
 
 of summoning witnesses, 116, 136, 137.
 
 INDEX. 145 
 
 Divorce Bills — continued. 
 
 Counsel heard on bill, 116, 136. 
 
 Referred, after second reading, to a committee of whole, in the Senate, 116 ; 
 
 — to a select committee, in the Commons, 5S. 
 Insertion of prohibitory clause, 116. 
 Evidence taken before the Senate applied for by Commons, and referred to 
 
 committee, 58. 
 Reference to be had to practice of the Lords, in unprovidel cases, 117, 137. 
 
 Estate Bills : 
 
 Usually originate in House of Lords, 5. 
 
 Evidence : 
 
 House may require evidence to be reported, on which committee have de- 
 cided that preamble is not proved, S3. 
 Committee of Commons may request that the evidence taken on a bill ori- 
 ginating in the Senate be laid before them, 87. — The like course by 
 a committee of Senate, 114. 
 Evidence taken by committee not generally reported, except by special 
 order, 95. 
 
 See Divorce Bills. Witiiesses. 
 
 Examiner for Standing Orders : 
 
 To report to Committee on Standing Orders concerning the notices given on 
 
 petitions for private bills, 36. 
 The same Examiners appointed for both Houses of Imperial Parliament, 
 36. (Note.) 
 
 Excise Duties : 
 
 Bill containing a clause exempting the promoters from the operation of the 
 Excise Laws for a certain period j mode of proceeding thereon, 105. 
 
 Extension of powers : 
 
 Extension of powers of a company to purposes foreign to the original char- 
 ter, a ground for declaring preamble not proved, 82. 
 Evidence of consent of shareholders required by the Lords, on every bill 
 empowering an existing company to execute works other than those 
 for which it was originally constituted, &c, 113. (Note.) 
 Bill should not be amended by the committee so as to enlarge its opera- 
 tions, 85 ; — but they can recommend the same to the House, 92. 
 13
 
 146 INDEX 
 
 Fees : — See Fines. 
 
 Fees on •private bills: 
 
 Payable (after second reading in the Senate, and after first reading in the 
 
 Commons) on all bills for any object of profit or advantage, 59, 126; 
 
 — in the House in which they originate only, 60, 127. 
 Charges for printing, &c, levied at the same time, 59. 
 On Divorce Bills, in Senate, 115, 137. 
 Refunded in certain cases, by order of the House, 61; — in a subsequent 
 
 Session, 62. 
 Motions for refunding fees should be referred to the committee on the bill, 62. 
 Fees charged in British House of Commons, 60. (Note.) 
 
 Ferries : 
 
 Such as are international, or intercolonial, are under control of the Parlia- 
 ment of Canada, 13. 
 
 Fines : 
 
 Amount of any fines or fees to be imposed, to be printed in bill in italics, 
 and to be filled up by the committee, 55, 87. 
 
 First reading of bill : 
 
 In Senate, 54. (Note.)— In Commons, 54;— Referred after first reading, 56. 
 
 Foreign Corporations : 
 
 Status of foreign corporations in any Province, including such as may have 
 
 been chartered in another Province of the Dominion, 20. 
 Angell & Ames' remarks on foreign corporations, 22. 
 
 Government Trusts : 
 
 Bills relating to Government Trusts or Commissions, treated as public 
 bills, 10. 
 
 Harbour Bills : — See Tolls. 
 
 Informal introduction of bills : 
 
 Bills which have been informally introduced withdrawn, and new ones pre- 
 sented, 56. 
 
 Instructions : 
 
 To standing committees on private bills, 65, 94. 
 
 To a committee of whole, 103. 
 
 Object and effect of an instruction, mandatory or permissive, 104. 
 
 Instruction solicited by committee, in regard to a doubtful point, 66.
 
 INDEX. 147 
 
 Insurance Companies : 
 
 Proceedings in Parliament as to the right of legislating in reference to In- 
 surance Companies, 25. 
 
 Jurisdiction, Legislative : 
 
 Classes of subjects for private bill legislation, pertaining exclusively to the 
 Parliament of Canada, 13. — To the Provincial Legislatures, 14. 
 
 Parliament may assume control of any works declared to be for the general 
 advantage of Canada, or of two or more Provinces, 15. 
 
 Railway bills passed by Parliament of Canada in first Session, 15. 
 
 Lines of railway, telegraph, &;., extending beyond the limits of a Pro- 
 vince, 16. 
 
 Incorporation of companies for the transaction of business throughout the 
 Dominion, 18. 
 
 Status, in Canada, of foreign corporations, and companies having Provin- 
 cial Charters, 20.— In the United States, 22. 
 
 Incorporation of Insurance Companies, 25. — Licence to be obtained from 
 Canadian Government, and investment to be made in Canadian seeu - 
 rities, ib. 
 
 Incorporation of Boards of Trade, 26. 
 
 Suggestion for determining more accurately the question of jurisdiction, 27. 
 
 Justice, Administration of: 
 
 Local bills relating thereto treated as public bills, 9. 
 
 LaiO'Suits : 
 
 Interference with pending suits, a ground for declaring preamble not 
 proved, 82. 
 
 Letters Patent : 
 
 Copy thereof to be attached to any bill for confirming the same, 55, 126. 
 Omission to attach the same, in a certain case, rectified by the House, 55. 
 
 Locus standi : 
 
 Of parties petitioning against a bill, 77. 
 
 Lords, House of: 
 
 Certain classes of bills originate therein, 5. 
 
 Arrangement between Lords and Commons concerning the bills to be first 
 considered in each House, 5.
 
 148 INDEX. 
 
 Marriage and Divorce : 
 
 Placed under control of the Parliament of Canada, 13. 
 
 Members : 
 
 May not act as Parliamentary Agents, 30. 
 
 The member presenting a petition takes charge of the bill through its dif- 
 ferent stages, 31. 
 
 May not act as counsel, before the House of which they are members, or 
 any committee thereof, 74. 
 
 Members of the other House may so act, by special permission, 74. 
 
 Attendance of a member for examination as a witness, 78, 79 ; — of a Peer, 
 79. (Note.) 
 
 Right of members (not of the committee) to be present, 79. 
 
 Name Sills : 
 
 Usually originate in House of Lords, 5. 
 
 Naturalizations : 
 
 Placed under control of the Parliament of Canada, 13. 
 Naturalization bills usually originate in House of Lords, 5. 
 
 Notices of applications for private bills : 
 
 Notices required on ordinary private bills, 3S, 124 ; — toll-bridge bills, 39, 
 
 124, 125 ;— divorce bills, 39, 134. 
 Certain applications exempt therefrom, 40. 
 
 Reported on to Committee on Standing Orders (in Commons) by the Ex- 
 aminer, 36. 
 Reported on by Committee on Standing Orders, without special reference, 
 
 35, 125. 
 Proof of compliance with Rules relative to notice, 37. 
 Want of notice, in some cases, supplied by a provision in the bill, for the 
 
 protection of interests of other parties, 41, 46, 49 ; — or informality 
 
 waived by committee, 43. 
 Evidence of publicity admitted, to supply want of formal notice, 42." 
 Suspension of the Rule may be recommended on certain grounds, 44. 
 No motion for suspension of Rule can be entertained till committee has 
 
 reported, 47. 
 Insufficient notice being reported (without a favorable recommendation) 
 
 stays all proceedings, 47. 
 Notice must be specific and clear, 48.
 
 INDEX. 149 
 
 Notices of applications for private bills — continued. 
 
 Petitioners restricted within the terms of their notice, 49. 
 
 Additional evidence of notice admitted, after an unfavorable report, and 
 supplementary report made thereon, 52. 
 
 Not to be enquired into by committee on bill, 67 ; — except to compare pro- 
 visions of bill with the terms of the notice, 68. 
 
 Committee on bill must call attention of the House to any provision therein 
 not contemplated in the notice, 68, 90; — may not insert any new 
 provisions, except such as are covered by the notice, 85, 91; — but 
 may confine its provisions within terms of notice, 90 ; — Any exten- 
 sion beyond such terms may be recommended to the House, 92. 
 
 Parties may not avail themselves, for their own purposes, of a notice given 
 by others, 52 ; — but if a bill be abandoned by its promoters, the 
 committee may permit other parties to proceed with it, 94. 
 
 Notices required in Imperial Parliament, 38. (Note.) 
 
 Notice of consideration of bill : 
 
 (Senate) 1 week's notice to be given by committee on any bill requiring no- 
 tice under 51st Rule, on bills originating in the Senate ; — 24 hours' 
 notice only required on bills from the other House, 57, 71, 128. 
 
 (Commons) 10 days' notice to be given by committee, on bills originating 
 in the Commons ; — two days' notice only required on bills from the 
 Senate, 57, 71, 128. 
 
 Usually reduced, near close of Session, 72. 
 
 Occasionally dispensed with, 72. 
 
 Cannot be dispensed with generally, but on the recommendation of two or 
 more of the committees connected with private bills, 72. 
 
 Upon the transfer of a bill from one committee to another, the notice already 
 given is generally held to be sufficient, 65. 
 
 Notice of new provisions : 
 
 No new provisions may be inserted in bill, by which the interest of parties 
 
 not represented before the committee can be affected, without due 
 
 notice to such parties, 91. 
 Notice to be given of amendments proposed in committee of whole, 105, 131; — 
 
 after report of committee of whole, 108 ; — at third reading, 105, 131. 
 
 Notice of suspension of Rules : 
 
 No Standing Order relative to private bills suspended without due notice, 
 110, 131.
 
 150 INDEX. 
 
 Officers of the Home : 
 
 May not act as Parliamentary agents, 31. 
 
 Opposition to private hills : 
 
 Unusual at second reading, except on general principles, or on the ground 
 of interference with public rights, 9S. 
 
 Before select committee, 72. 
 
 Petitions against a bill, stand referred to committee thereon, 56, 127. 
 
 Arrangement between the parties for selection of a day for considering an 
 opposed bill, 71. 
 
 Opponents should present a petition, specifying grounds of objection, 73. — 
 Limited to the grounds so stated, ib. — May be heard by counsel, 74. 
 
 Opposition held to be abandoned, if no parties appear when petition is 
 read, 73. 
 
 Locus standi of opponents, 77. 
 
 Opposition to clauses, 78. 
 
 Parties having diverse interests may not avail themselves, on their own ac- 
 count, of a notice issued by other parties, 52 ; — but if a bill be aban- 
 doned by its promoters, the committee may permit other parties to 
 proceed with it, 94. 
 
 Orders of the Day : 
 
 Place assigned to private bills on the Orders of each day in the week, 100. 
 
 Parliamentary Agents : 
 
 Employment of, in Commons, 29, 132. 
 Cannot act without the authority of the Speaker. 30, 133. 
 Mode of qualifying, 30. 
 
 Members and officers of the House disqualified from acting, 30. 
 Registered, 31. 
 
 Subject to a prohibition to practise, for any violation of the Rules or prac- 
 tice of Parliament, 30, 133. 
 
 Patents of Invention : 
 
 Placed under control of the Parliament of Canada, 13. 
 
 Petitions : 
 
 Every private bill to be based on a petition, 32. (Form in Appendix III.) 
 
 — Certain bills rejected, not being founded on petitions, 10, 33. 
 Not to be signed by agents, but by the parties themselves, 32. 
 Mode of presentation to each branch of the Legislature, 32.
 
 INDEX. 151 
 
 Petitions — continued. 
 
 Time for presentation limited, 33, 122. — Extension of time, 33. 
 
 Mode of proceeding for obtaining leave after expiration of time, 34, 51. 
 
 Reported on by Committee on Standing Orders, without special reference, 
 
 35, 125. 
 Petitions for or against bills stand referred to the committee thereon, 56, 127". 
 Petitions from promoters, for amendments to their bills, 75. 
 Petitions should be presented by opponents, specifying grounds of ob- 
 jection, 72. — Petitioner limited to the grounds so stated, 73, 78. 
 Petitioners may be heard by counsel, 74, 98. 
 
 Preamble : 
 
 Question put on preamble before clauses (in private bills), 76. 
 
 Petitions against preamble, 72. 
 
 Petitioners against particular clauses only, not heard against the preamble, 
 73, 78. 
 
 If preamble be not proved, the decision to be reported, with the reasons 
 therefor, 81, 130. 
 
 Committee cannot re- consider and reverse such decision, unless authorized 
 by the House, 80, 84. 
 
 House may require the evidence on which the decision was based, to be re- 
 ported, 83. 
 
 Alterations in preamble, to be specially reported, 85, 130. 
 
 Power to make alterations limited within terms of petition and notice, un- 
 less by permission of the House, 85. 
 
 Preamble proved, 86. 
 
 Previous question : 
 
 Cannot be moved in committee, So. 
 
 Principle of bill : 
 
 Affirmed at second reading, 97. 
 
 Printing of private bills : 
 
 To be printed in both languages (before first reading in Commons, and be- 
 fore second reading in Senate), 54, 127. 
 
 French version occasionally dispensed with, 54. (Note.) 
 
 To be re-printed, after amendment by committee, if amendments are exten- 
 sive, 95. 
 
 Promoters charged with the cost of printing 500 in English and 250 in 
 French, with the Statutes, if passed, 59, 127. 
 
 Printing of Private Acts, 120.
 
 152 INDEX. 
 
 Private bills : 
 
 Proceedings in passing the same, of a judicial character, 1. 
 
 Origin and progress of Private Bill system in Canada, 2. 
 
 Alpheus Todd's Report on the subject, in 1847, 2. 
 
 Assimilation of practice in the two Houses, 3. 
 
 In which House they may originate, 4, 115, 117. 
 
 Definition of a private bill, 7. 
 
 Semi-private bills, 7. 
 
 Divorce Bills, — See Divorce Bills. 
 
 Certain classes treated as public bills, 9, 10. 
 
 Bill containing a clause exempting the corporators from excise duties; 
 
 course of procedure thereon, 105. 
 Notices required, — See Notices of application for private hills. 
 To be based on a petition, 32, 126 — Certain bills rejected, not being founded 
 
 on petitions, 10, 33. 
 Substance of two or more petitions combined into one bill by promoters, 56. 
 
 — Two or more bills combined into one by committee, 94. 
 Presentation of bills (after proof of Notice), 54, 126. — Limitation of time, 
 
 56, 122. 
 May, in case of urgency, be advanced two or more stages in one day, 110. — 
 
 Notice required of a motion for suspending a standing order, 110, 131. 
 To be prepared in both languages, by the promoters, 54, 127. 
 To be printed before first reading in Commons, and before second reading in 
 
 Senate, 54, 127. 
 Bills informally introduced not proceeded with, 10. — Withdrawn, and new 
 
 bills presented, 56. 
 Precedence given to private bills on certain days, in the Commons, 100. 
 Referred to a Standing Committee, 56. — Divorce bills, to a committee of 
 
 whole, in the Senate, 116: — and to a selected committee in the Com- 
 mons, 58. 
 Proceedings before standing committee, — See Private Bill Committee. 
 Opposition before committee, — See Opposition to private bills. 
 Extension of operation of a private bill so as to change it to a public bill, 92. 
 Second reading, and proceedings thereat, 97, 130. — Counsel may be heard, 
 
 98. 
 Consideration in committee of whole, 101. — See Committee of whole. 
 Notice to be given of amendments proposed in committee of whole, 105, 131. — 
 
 After report of committee of whole, 108. — Or at third reading, 109, 131.
 
 INDEX. 153 
 
 Private Bills — continued. 
 
 Proceedings in House, after report of committee of whole, 10S. 
 Re-coaimitment of bill, to standing committee, 95 ; — to committee of the 
 
 whole, 108. 
 Third reading, 109. 
 
 Queen's consent signified at this stage, when rights of Crown are affected, 109. 
 Bill passed and sent to Senate, 109. 
 
 Returned from the Senate, with amendments ,• amendments referred, 110. 
 Conference desired on disagreeing to certain amendments, 111. 
 Bills from the Commons not proceeded with in the Senate; committee 
 
 appointed to search journals, 111. 
 Proceedings on private bills in Senate, 113. 
 Royal Assent, 119. 
 Every Act declared " public" that does not contain a provision declaring it 
 
 " private," 119. 
 Printing of Private Acts, 120. 
 Arrangement (in certain Sessions) for taking up at the next Session, any 
 
 private bills undisposed of at the prorogation, 62. 
 
 Private Bill Committee (or other committees of a like character) ; 
 Appointment and powers, 64. 
 All private bills referred to this (or some similar) committee; Petitions for 
 
 and against stand referred, 56, 127. 
 Committee may be directed to report a bill back forthwith, 65. 
 Instructions, 65. — Solicited by committee with regard to a doubtful point, 
 
 93 ; — an extension of their powers in a certain case, 66. 
 To call attention to any provisions in the bill not covered by the notice, 66. 
 To require proof of the qualification and consent of persons proposed to be 
 
 incorporated, 67. 
 Xot to entertain questions relative to compliance with standing orders 
 
 (notices) unless specially directed, 67. 
 To give notice of day appointed for consideration of certain bills, 71, 128. 
 Te ascertain whether the provisions of the bill agree with the terms of the 
 
 notice, 68. 
 Casting vote of chairman, 69, 129. 
 
 Each member of committee present should vote on every question, 69. 
 Committee cannot sit (without special leave) during sitting of the House, 70. 
 
 — Leave given, in Imperial Parliament, to sit during morning sittings 
 
 of House, 70. (Note.)
 
 154 INDEX. 
 
 Private Bill Committee — continued. 
 
 Proceedings in committee, 71. 
 
 Filled-up copy of bill to be deposited before day for consideration thereof, 
 75, 128. 
 
 Preamble read, and petitions against, 76. 
 
 Promoters then heard, and petitioners afterward?, 77. 
 
 Petitioners against particular clauses only, not heard against preamble, 73. 
 
 Locus standi of petitioners, 77. 
 
 Examination of witnesses, 77, 78. 
 
 Committee room an open court, 79. 
 
 Room cleared for deliberation, 79. 
 
 Right of members (not of the committee) to be present, 79. 
 
 Question put on preamble, 80. 
 
 If not proved, to be so reported, and the reasons assigned, 80, 130. 
 
 Committee cannot re-consider and reverse such decision, unless authorized 
 by the House, 80, 84. 
 
 House may require the evidence on the preamble to be reported, 83. 
 
 Alterations in preamble to be specially reported, with reasons therefor, S5, 130. 
 
 Power to make alterations limited, 85. 
 
 Committee cannot amend bill so as to extend its operations, without leave 
 of the House, 85. — Exceptional case, ib. — But can recommend that its 
 provisions be so extended, or that it be made a public bill, 92. 
 
 Proceedings on clauses, after preamble is proved, 86. 
 
 Unusual provisions in the bill to be specially referred to in report, 87, 129. 
 
 Persons whose rights are affected, may be examined touching their consent, 
 67, 129. 
 
 To insert the maximum rates of tolls or fees to be imposed, 87. 
 
 Amended bill, and each amendment, to be signed by chairman, 89, 130. 
 
 Amendments of an unusual character to be specially mentioned in report, 90. 
 
 Rules to be observed by committee in framing amendments, 90. 
 
 Every bill referred must be reported, 94, 129. 
 
 Report that certain bills referred are public rather than private, 7 ; — or, might 
 more advantageously be referred to another committee, 65. 
 
 If a bill be abandoned by its promoters, the fact is reported , or other par- 
 ties may be allowed to proceed with it, 94. 
 
 Bill, when reported, may be referred back, 95. 
 
 Evidence not usually reported by committee, except by special order, 95. 
 
 Time for receiving reports limited, 96.
 
 INDEX. 155 
 
 Private Bill Committee — continued. 
 
 Bill, after report, placed on the Orders for a second reading, 97, 130. 
 Bill, as reported by the committee, generally adopted by the House without 
 alteration, 102. — Amendments of committee not treated as amend- 
 ments, 103. 
 
 Private Bill days : 
 
 Certain days appointed (in Commons) for consideration of private bills, 100. 
 
 Private Bill Office : 
 
 Established, 3, 131. 
 
 Private Bill Register : 
 
 To be kept in Private Bill Office, 31, 131. 
 
 Provincial Companies, or Works : 
 
 Placed under control of the Provincial Legislatures, 11. 
 
 " Public Act" .• 
 
 Every private Act to be deemed a public Act, unless it contains a provision 
 to the contrary, 119. 
 
 Public Works : 
 
 Local Works are under the control of the Provincial Legislatures, 14. 
 Such works as extend beyond the limits of a single Province, are placed 
 
 under control of the Parliament of Canada, 14. 
 Such also (within any Province) as are declared to be for the general 
 
 advantage, 14. — Examples of the latter, 15, 16. 
 Definition of the term "extending beyond the limits of a Province," 16. 
 Bills relating to public works under Government control, treated as public 
 bills, 10. 
 
 Queen's Consent : — See Crown, Rights of. 
 
 Railways ; 
 
 Such lines of Railway, Canal, or Telegraph, as extend beyond the limits 
 of a Province, placed under control of the Parliament of Canada, 14. 
 — Definition of the term " extending beyond the limits of a Pro- 
 vince," 16. 
 
 Such also as are declared to be for the general advantage, 14. — Instances 
 thereof cited, 15. 
 
 Expediency of including all Railways intersecting the Grand Trunk 
 within this class, 16.
 
 156 INDEX. 
 
 Railways — continued. 
 
 Standing Committee on Railways, Canals, and Telegraph Lines, appoint- 
 ment of, 64. 
 All bills relating to Railways, <fcc, referred, 56. 
 Instructions to, 66. 
 
 Powers and duties of the committee are similar to those of the Private Bill 
 Committee, — See Private Bill Committee. 
 
 Rates or Tolls : 
 
 Bills involving the same ought to be first brought into the Commons, 4. 
 Amount thereof to be printed in the bill in italics, to. be filled up by 
 
 committee, 55, 87. 
 Practise of Imperial Parliament in regard to imposition of a local rate, 89, 
 
 (and Note.) 
 
 Re-commitment : 
 
 Bills maybe re-committed, after report of committee of whole, 10S: — before 
 third reading, 109. — To the select committee, 95. 
 
 Reports of committees on private bills; 
 That preamble is not proved, 80. 
 That alterations have been made in the preamble, 85. 
 Recommending an extension of provisions of bill, 92. 
 Calling attention to unusual provisions, or such as exceed the limits of the 
 
 notice, — or amendments of a peculiar nature, 87, 129. 
 That certain bills referred are public rather than private in their character, 8. 
 Every bill referred must be reported, 94, 129. 
 Evidence not usually reported, except by special order, 95. 
 Time for receiving reports limited, 96, 122. 
 
 Representation : 
 
 Local bills affecting the Representation, treated as public bills, 9. 
 
 Royal Assent : 
 
 Given to private bills in the same manner as public bills, 119. 
 
 Rules relative to private bills : 
 
 Notice to be given of a motion to suspend any Rule, 110, 131. 
 
 No motion for suspending 51st Rule (Notices) to be made until after report 
 of Committee on Standing Orders, 47, 126. — Motion made, when re- 
 quired, after report, and before presentation of bill, 54. 
 
 Published in Official Gazette, and the substance in other papers, 123.
 
 INDEX. 157 
 
 Savings Banlcs : 
 
 Placed under control of the Parliament of Canada, 13. 
 
 Second reading of bill : 
 
 Principle affirmed at the second reading, 97. 
 
 Postponement thereof 3 or 6 months, 100. 
 
 Opposition at this stage unusual, 98. 
 
 Counsel heard at second reading, 98. 
 
 Referred after second reading (in Senate, to a standing committee), 57;— 
 
 (in Commons, to a committee of whole), 101. 
 A bill thrown out in the Commons (G. B.) at this stage, because it trenched 
 
 on public rights, 99. (Note.) 
 
 Semi-private bills : 
 
 Certain bills of this class treated as public bills, 7. 
 
 Senate : 
 
 Assimilation of their Private Bill Rules to those of the Commons, 3. — 
 Exceptions, 113. 
 
 Bills from the Senate reported on by Committee on Standing Orders after 
 first reading, when no previous report has been made on a petition, 
 35, 125. 
 
 Divorce Bills introduced first in the Senate, 5. — Bills for reversal of attain- 
 ders, or for the restoration of honors, 117. 
 
 Proof of notice, and other preliminary proceedings in Divorce cases, in 
 the Senate, 39. 
 
 Bills presented in the Senate, without a motion for leave, 51. (Note.) 
 
 Evidence taken on bills originating in the Senate, communicated to com- 
 mittee of the Commons, when required, 87. — The like, in the Senate, 
 with regard to bills originating in the Commons, 114. 
 
 Amendments of the Senate to bills from the Commons, are referred to the 
 same committee of the Commons to which the bill was originally re- 
 ferred, 110, 131. — Practice in Senate with regard to amendments of the 
 Commons, 111, 131. 
 
 Conference with the Senate on disagreeing to their amendments to bills, 111. 
 
 Journals of Senate may be searched by a Committee of Commons, with 
 reference to certain bills not proceeded with, 111. 
 
 Proceedings on private bills in the Senate, 113. 
 
 14
 
 158 INDEX. 
 
 Shareholders : 
 
 May not be heard against a bill, unless their interests are distinct from those 
 
 of the company, 78. 
 Proof of their consent, in certain cases, 67, 113 (Note), 129. 
 
 Shipping : — See Steam or other Ships ; 
 
 Standing Orders Committee : 
 
 Earliest reference of petitions to, 3. 
 
 Report (to the committee) by the Examiner for standing orders, 36. 
 
 Mode of voting in committee, 37. 
 
 Sitting of committee, 37. 
 
 Mode -of proving compliance with standing orders, 37. 
 
 Examine (without special reference) all petitions for private bills, and report 
 
 whether notice has been given, with a special recommendation in 
 
 certain cases, 35, 125. — Examine bills from the Senate (if no previous 
 
 report has been made on a petition) after the first reading, ib. 
 Report certain petitions exempt from notice, 40. 
 Recommend that provisions be made in the bill, to supply want of notice, in 
 
 certain cases, 40, 50. 
 Receive evidence of publicity, to supply want of formal notice, 42. 
 Occasionally take on themselves to waive informality in notice, 43. 
 Grounds on which suspension of Rule may be recommended, 44. 
 No motion for suspension of Rule to be entertained till committee has 
 
 reported, 47, 126. 
 Special reports as to variance between notice and petition, 35, 47, 49, 51 ; — 
 
 insufficient notice, 47. 
 Petitions referred back, for reconsideration, 48, 52. 
 Supplementary reports, concerning evidence of notice produced since 
 
 former report, 52. 
 Amendments made to a bill, in excess of the notice, should be referred to 
 
 Standing Orders Committee, 108. 
 
 Steam or other Ships, Lines of ; 
 
 Such lines as extend beyond the limits of a single Province, placed under 
 control of the Parliament of Canada, 14. 
 
 Taxes ; 
 
 Bills involving any tax should be first brought into the Commons, 4. 
 
 Telegraph lines : — See Railways.
 
 INDEX. 159 
 
 Third Reading of bill ; 
 Ordered, 108. 
 
 Precedence given to private bills over other Orders of the Day, 109. 
 Verbal amendments only may be proposed at third reading; but bill maybe 
 
 re-committed, 109. 
 Rights of Crown, 109. 
 Form of passing bill, 109. 
 
 Tolls ; 
 
 Bills involving imposition of tolls should bo first brought into the Com- 
 mons, 4. 
 
 Amount thereof to be printed in the bill in italics, 55. 
 
 Maximum rates to be inserted by committee, 87. 
 
 Exceptional practice of originating Bridge, Canal, and Harbour Tolls, in 
 committee of the whole, in some instances, 87 ; — To be discontinued 
 for the future, 89. 
 
 Trade, Boards of : 
 
 Incorporation thereof by Parliament, and by Provincial Legislatures, 20. 
 
 Unprovided cases : 
 
 Resort to be had, in all unprovided cases, to the practice of the Imperial 
 Parliament, 132, 133. 
 
 Unusual provisions : 
 
 Committee to make special mention in report, of any unusual provisions in 
 petition or bill, 50, 87, 129 ; — or of amendments of an unusual 
 character, 90. 
 
 Witnesses : 
 
 Committees on private bills may examine witnesses upon oath, 6S, 77. 
 Expenses of witnesses defrayed by the parties in whose interest they are 
 
 summoned, 6S, 116. — May be claimed before examination. 78. 
 Cross-examination, 77. 
 
 Attendance of a member as a witness, 78, 79. 
 Cannot correct evidence, but by a subsequent examination, 7S. 
 Examined, in Divorce cases, at Bar of Senate, 116, 136. 
 Mode of Fiimmoning witnesses in Divorce cases, 116, 136. 
 Arrest of witnesses refusing to attend, 116, 137. 
 
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