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A TREATISE

ON THE

mt. (ft- >l,'l

PROCEEDINGS TO BE ADOPTED

IN CONDUCTING OR OrPOSINa

PEIVATE BILLS

IN tua

?qHii)ii()ei)t of Cmh'y

AND THE

STANBINa ORDERS OF BOTH HOUSES

IS KKI.ATION THKRETO.

BY ALFRED TODD,

CHIEF CLERK OP COMMITTEES AND PRIVATE BILLS,
HOUSE OP COMMONS.

THIRD EDITION,

EMBRACINa TIIK LATEST CnANOES IN THE PRACTICE.

OTTAWA :
PUBLISHED BY JOHN DURIF & SON, SPARKS STREET.

1868.

, -Q ^^e year 1868> »7

PREFACE.

In the first Sesnion of the first rarliaraent of the Dominion, the
Rules and Practice in force in the old Province of Canada with
regard to Private Bills were adopted by Parliament, with some
modifications in the details, which, though of importance in their
place, effected no material alteration in the system. These are all
embodied in the present Edition of this work; and as no clearly
defined Private Bill system of practice has prevailed in the Local
Legislatures of Nova Scotia and New Brunswick, the precedents
referred to are ail taken from Canadian practice; they include
those given in the last Edition, and others gleaned from subseque:it
legislation, both in the Provincial Parliament, and in the first Ses-
sion of that of the Dominion.

In the course of the last mentioned Session, it happened upon
several occasions, that doubts arose as to the true interpretation of
those provisions of the " British North America Act " which placed
certain classes of subjects under the exclusive control of the General
Parliament, and of the Provincial Legislatures, respectively. A
chapter has therefore been added, on " Legislative Jurisdiction," in
which mention is made of the various questions that arose from
time to time, and the course taken thereon ; and certain observa-

PREFACE.

tious and «ugge«tions are offered, in the hope tliat some plan may
be devised for obtaiuing a more definite interpretation of tlie
Imperial Act in this respect.

The authorities cited in explanation of the Imperial practice,
are : —

Report on the practice of the House of Commons upon Private
Bills : witli suggestions for the future regulation of Private Busi-
ness in the Legislative Assembly of Canada. By Alpheus Todd,
Librarian to the Legislative Assembly. (1847.)

lleport from Select Committee of the House of Commons on the
Business of the House. (18C1 ,)

May on the Law, Privileges, Proceedings, and Usage of Par-
liament. Sixth edition. (18G8.)

Sherwood on the proceedings to be adopted in conducting Pri-
vate Bills through the House of Commons. Third edition. (1834.)

Frere's Practice of Committees of the House of Commons, with
reference especially to Private Bills. (1846.)

Bristowe on Private Bill legislation in the Imperial Parlia-
ment. (1859.)

House ov Commons,

Ottawa, November, 1868.

preface: to the first edition.

Parlia-

TiiE object of tliirt work, is to cxtthiin fully the proceedings at the
various stages, in either House, aiul in Committee, upon Private
Bills solicited in the Parliament of Canada. The system of practice,
hough based on that adopted in the Imperial Parliament, differs
Vom it materially in many of the details ; and the absence of any
land-book or guide to the course of proceedings to be observed, has
)ccn long felt, not only by parties soliciting or opposing Bills, but
Iso by Members of the Legislature charged with the conduct of
uch Bills in either House.

The writer has been connected with the Private Bill Office since
H establishment, and has thus had an opportunity of noting down,

they occurred, the various decisions and modifications which have

een made from time to time, and which have established the

lystera of practice as it now stands; while in all matters not

pecially provided for, reference is made (in accordance with a

tanding Order) to the usages of the Imperial Parliament.

The Rules of the two Houses concerning Private Bills arc
ppended to the work. The Provincial precedents referred to
based on decisions or practice, in the House or in Committee,)
ill be found in the Journals of the Legislative Assembly (the prc-

nt system having been but recently introduced into the Upper

ouse).

Legislative Assembly,
Quebec, May, 1862.

PREFACE TO THE .SECOND EDITION.

I {

Thk first edition of this Treatise was published early in the
Scsaion of 18G2, when the new Rules adopted by the ]ie,i;islativi
Council assimilatin*^ the practice of the two Houses first came into
operation. Certain modifications of the Rules and practice, calcu
lated to define more clearly the requirements of the Rules, and the
powers of the Committee on Standin.;; Orders, and also to facilitate
the transaction of business between the two Houses, were suggested
in the course of the Session, and these having been agreed upon h]
the Private Bill Committee of each House, were embodied in
Reixirts to the Legislative Coancil and Legislative Assembly,
respectively, and received their concurrence.

The alterations thus made, though comparatively unimportant,
rendered it desirable that a new edition of this work should bo
issued ; and the Committee of the Legislative Assembly haviiii!
specially recommended that this should be done, a second edition
has been prepared accordingly, embodying the changes above refer
red to, and also the precedents established by decisions and practice
in tlie year 1862.

Legislative Assembly,
Quebec, July, 1862.

)N.

early in the
Lcj^islativc
8t came into
let ice, calcu
lies, and tlie
to facilitate
re suggested
ced upon bj
smbodied in
1 Assembly,

m important,
k should bo
iibly having
iond edition
above refer-
and practice

CONTENTS.

fAQE.

1. Preliminary Observations I

2. rJefmilion of a Private Bill 7

3. IjCgialative Jurisdiction regarding Private Bills. . ^ 13

4. Parliamentary Agents 29

5. Petitions for Private Bills 32

6. Proof of Notices, before Committee on Standing Orders 35

7. Presentation and first reading of Bill 54

8. Payment of Fee and charges 59

9. Committees on Private Bills, and their powers 64

10. Proceedings in Committee on Bill 71

11. Second reading of Bill 97

12. Proceedings in Committee of the whole 101

13. Third reading of Bill 109

14. Proceedings on Private Bills in the Senate 113

15. Royal Assent 119

APPENDIX.

I. Rules common to both Houses, in relation to Private Bills 122

II. Rules of the Senate concerning Bills of Divorce 134

I. Form of Petition to the three Branches of the Legislature, for

. a Private Bill 138

i I

f^-

Bill
upo
fror
cee(
fere
Tm
legii
also
in SI
app:
toil
1^

. ■)"»

PROCEEDINGS

TO UB ADOPTED IN COMDOCTlNf.

PRIVATE BILLS

TUnOUQB THB

PARLIAMENT OF CANADA.

1.— PRELIMINARY OfeSERVATIOMS.

The distinction between Public and Private Dhtincuoa
Bills is one that has been recognized and acted Pubiiraad
upon by the Parliament of the Mother Country l^iJ^^"
from a very early period, and the mode of pro-
ceeding upon the two classes of bills has also dif-
fered in some important particulars. In passing
Private Bills, while ParHament still exercises its
legislative functions, its proceedings also partake
also of a judicial character ; the parties interested
in such bills appear as suitors, while those who
apprehend injury are admitted as adverse parties
to the suit.

Much of the foimality of a Court of Justice is

i I

First pro-
yiaion for
P-'vate
Bills in
Canada

rRELIMINARy OBSERVATIONS.

maintained ; conditions are required to be ob-
served and their observance proved by the pro-
moters of a bill, and if tnev abandon it and no
other i:)arties take it up, the bill is dropped, how-
ever sensible the House may be of its value.*

Although this distinction was recognized by the
Legislature of the old "Province of Canada" in
framing Kules for its guidance at its first Session
(in 1841) by the adoption of a provision requiring
two months' notice of applications for private
bills, and the exaction of a fee of iJ20 on all such
bills ; and also by the appointment, every Session,
of a Stanainp- Committee on Private Bills ; little
else was done towards the adoption of a regular
system of practice until the year 1846, when the
Speaker of the Legislative Assembly was author-
ized to cause an inquiry to be made into the sys-
tem pursued in the House of Commons, with a
view to the preparation of a system of Standing
Orders and practice adapted to the circumstances
of the Province.f The result of this was laid
on the table of the House in the following Session
A'pheus^ in the shape of a Report, prepared by Mr. Alpheus
port on Todd, the present Librarian of the Canadian

Privftto

Bill Prac- Housc of Commous, giving a full and lucid ex-
*'*'*' plaiiation of the system of practice in operation

• May, p. 633.

t Assembly Jouru., 1846, p. 344.

■ I

_jL^ ^

PRELIMINARY OBSERVATIONS. ^

ill the I.mporial rarliament, and submitting a code
of orders and regulations such as appeared suit-
able to the requirements of Canada.* No im-
mediate action was taken upon this Keporl, but
in the same Session the practice of referring both
petitions and bills to the Committee on rrivato
Bills indiscriminately was discontinued, and
petitions were from that time referred to the
Committee on Standing Orders, for proof of a
compliance with the Itules of the Hoi^se. In Private
1850, a I'iivate Bill OOice was established, in pur-
suance of a suggestion contained in the above-
mentioned liei^ort, and a system of practice
organised, which, with some few modilications
subsequently in the details, is that now in use.

Up to the year 18GI, no regulations had been Former
made by the Legislative Council of Canada con- KouSdi!
cerning private bills, except to reqiii) e an official
report to the Speaker of the notices given on
petitions, end the payment of a fee on all such
billi! as originated in that House : but in the S(\s-
sioii of 18G1, a conference was held between the
two Houses, which led to the adoption, ])y the
Council, of the Private Bill liules of the Assem-
bly verbatim ft literatv,ri .^ These Rules were
slightly modiiicd in succeeding Sessions, and, in

* Assembly Journ., 1817, p. 31. (App. B)
t L. Council Journ., 18G1, pp. 98, 104.

M!!

4 I^MLIMINARY OBSERVATIONS.

the first Session of tiie Parliament of Canada held
lltf"'' "" nnder the authority of the "British North Ameri-
Houscs ca Act, 1807," thev were adopted by both Houses,

-now nearly > > j x j

identical, with soine further modili cations as j-egards the
Commons, which were not made in the llules of
the Senate ; the Rules as adopted by etvch House,
will be found at the end of this work, (Appendix
I,) together with certain additional Rules of the
Senate relatmg to Divorce Bills. (Api^endix II.)
The practice of the two Houses being thus made
almost identical, the account given in the follow-
ing pages, of the proceedings on Petitions and Bills
in the Lower House, will apply substantially to
the Upper, any diversity of practice between the
two Houses being speciall}'- poinh^d out in the
appropriate place. It should be stated, however,
that the fee is charged only in the House in which
the bill originates,* and all expenses for printing
and translation being exacted at the same time,
no payment is required to be made in the other
House, except in cases where a bill i,^ ordered to
be reprinted, when the expense mufc t be borne
In which by its promoters. As a general rule, i>rivate bills
va^irBiiis may originate in either House, but it being the
naL ^"^' exclusive right of the Commons to impose and
appropriate all charges imposed upon the people,
every bill which involves any tax, rate, toll, or

58th Rule.

ida lieJd

I Amcri-
llouses,
irds the
llulos of

House,

peiidix
s of the
dixll.)
as made

follow-
nd Bills
tially to
een the

in the
owever,

II which
milting-
le time,
e other
lered to
i borne
ate bills
ing the
ose and
people,
toll, or

PRELIMINARY OBSERVATIONS. 5

duty, ought to be first brought into that House.*
It has followed from this restriction that by far
the greater number of private bills have been
first passed by the Lower House .f It may be
worthy of consideration whether it might not be
desirablor ill" this country, also to include bills re-
lating to Banking in this category, as they are
n©BessarUv' subject to the supervision of the Min
ister of Firidnofi-^j^ho has always a scat in the
Commons. The IJot'H^1^4jfte^nerally originated
naturalization, name, estate, Wd^^'lfiA'^jce bills,J
but this has not been the practice with thftf^p^e^
House, in this country, save only as regards;^^^
divorce bills, which have invariably been intro-
duced first into that House.

The House of Commons of G-reat Britain, by a Arrange-
Standing Order of 1858 (No. 67), have provided J^^enVho
that the Chairman of Ways and Means, shall, at twcOJousoa ;.

^ ' ' for ortgiH-,^

the commencement of each Session, confer with ating biii«^ ". -
the Chairman of Committees of the House of ,

Lords, for the purpose of determining in which

iji

• Mf-y, pp. 437, 635.

t The House of Commons of Great Britain, bj a Standing
Order of 2Vth July, 1558, have agreed '< that this House will not
insist on its privileges with regard to any clauses in private bills
sent down from the House of Lords, which refer to tolls and
charges for services performed, and are not in the nature of a
tax."

t May, p. 636.

i t

PRELIMINARY OBSERVATIONS.

House the resi^ective private bills should be first
considered, and report the same to the House. -^
This arrangement was the result of a recommen-
dation contained in the 3rd Report of the Select
Committee of the House of Commons on Private
Bills, in 1847. (p. 6.)

* Bristowe's Private Bill Practice, pp. 15, 73. An example
of the result of this arrangement will be seen by referring to the
Commons Journals of 1860, p. 16.

I be first
House. "^
jommen-
le Select
. Private

.n example
rin": to the

2.— DEFINITION OF A PRIVATE BILL.

Every bill lor the particular interest or benefit fet"°en'°°
lof any person or persons, is treated as a i)rivate j^ubUc^and
|J)ill, whether it be for the interest of an individual, Bills,
public company or corporation, a parish, a
illy, a county, or other locality ; * it is equally
listing'uished from a measure of public policy in
rhich the whole community are interested, and
lis distinction is marked by the solicitation of
)rivate bills by the parties whose interests are
joncerned.f
There is a class of bills, however, which, thou^^h Somi-

^ private

local or special in their operation, yet havmgbeen biiu.
solicited by persons not in the interest of the
)arties to be affected by their ojieration, or having
)een introduced upon public grounds, have been
treated by the Legislature as public bills. Bills
|of this class have occasionally been introduced as
)rivate, and referred to the Standing Committee

* A bill for the benefit of three Counties has been held by
ihe British House of Commons to be a private bill. 1 Commons
[Journ., p. 388.

t May, p. 626.

k.^

I ii

DEFINITION OF A

'^""^^'Oii Prh^ate Bills, but upon their report that they
were pubHc, rather than i^rivate in their charac-
ter, they have been referred by the House to an-
other committee, and treated otherwise as public
bills.* It must be obvious, however, that on bills
of this nature, the same notice should be required J
as upon a private bill, with the exception only of
such as are introduced ^x\^o\\ some well-defined
princix)le of public i:>olicy or right.

Victoria 111 1858, the Committee on Private Bills report-
New Town- . _ -^

sbipa Bill, ed, with reference to a bill to attach certain newly
biy.) surveyed townshijDS to the County of Victoria,
that they were in doubt whether the bill came
within their i^rovince, inasmuch as it affected the
Territorial Divisions of the Province, the Repre-
sentation, and the administration of Justice ; but
they prepared such amendments as appeared to
them desirable, and left it to the House to con-
sider whether action should be taken on their re-
port or not. The House took the bill into con-
sideration with the proposed amendments, and
treated it therefore as a private bill.f In 1864,
the same course was taken (with a like result) in

* Quebec Recorder's Court, 1856 ; Montreal Trinity House
(amending the provisions concerning pilotage), 1857 f Quebec
Harbour (a Government Trust), 1858 ; River Welland Bridges
Protection, 185^ ; Caisse d'Economie de St. Roch Investigation,
1861 ; Rimouski and Gaspe division, 1865.

t Assembly Journ., 1858, pp. 568, 684.

PRIVATE BILL.

[elerence to a bill respecting the Common of the
[uron Indians at Lorette, which was not con-
iderecl private, the Indians being under the
pecial protection of the Crown *

In the British House of Commons, may be in-

tanced the Passing Tolls on Shipping Bill (intro-

luced in 1856), which was held to be a piiblic

>ill. It concerned the harbours of Dover, Rams-

^ate, "Whitby and Bridlington, abolished passing

)lls, transferred the control of those harbours to

le Board of Trade, imposed tolls, and repealed

>cal Acts ; but, being a measure of general policy,

[s character was not changed by the fact that

lese harbours only came under its operation.

'he Eed Sea and India Telegraph Bill (in 1861),

rhich amended a private Act, was introduced

id passed as a public bill, as it concerned the
mditions of a government guarantee.! The
practice in Canada has been to treat all Bills re-
iting to the Representation,! the adminisira-
ion of .Tustice,§ or the protection of the Indians

• Assembly Journ., 186J, pp. 391, 478.

t May, p, 629.

t Armagh Representation, 1858 ; Peel do., 1858 ; Drum-
lond and Arthabaska do., 1858 ; Bill to transfer Delaware from
^lie West to the East Riding (Electoral Division) of Middlesex,
L8G2 ; Hochelaga polls, 186.3 (Aug. Sess.)

§, Montreal Recorder's Court, 1852-3 5 Gasp6 Circuit Court,
1852-3; Huntingdon Circuit Court, 1854-5; Montmagny do.,

Commou
of T.orette
Indians
Bill, (do.)

Passing
Tolls on
Shipp'ng
BilUCom
mons).

Red Sen
and India
Telegraph
Bill, (do.)

II I

Certain
bills treat-
ed as pub-
lic bills.

Rectorial
lands sale
Bill.

10 DEFINITION OF A

and their lands and property,* however local oil
partial in their operation, as public bills, these]
questions being under the especial charge of the]
Administration, and being dealt with on broad)
general principles. All bills relating to Govern-
ment Trusts or Commissions,! or public works]
under Grovernmont control,^ are likewise sol
treated.

Biiii in- Some bills, though strictly private, having'
irregularly been introduced irregularly {i e., not based upon i
petition, in the usual way), the committee have
declined to proceed upon them.§ In 1864,
a bill to enable the Church Societies and Incor-
porated Synods of the Church of England Dio-
ceses in Canada to sell the Rectorial lands in the
said Dioceses, having been sent do^^^l by the Leg-
islative Council, obiection was taken at the second
reading, that the bill was a priv^ate one, and
should have been brought in on a petition ; and

1858 ; Kamouraska Gaol and Court House, 1863 (Aug. Sess.) ;
Quebec Recorder's Court, 1864 and 1865. See also May, p. 629.

* Common of Lorette Indians, 1864.

t Montreal Trinity House, 185Y ; Quebec Harbour, 1858,
1863, and 1867-8 5 Montreal Turnpike Road Trust, 1861 ; Mont-
real Port Warden, 1862 and 1863 (Feb. Sess.) ; Montreal Har-
bour, 1865.

t Northern Railway^ 1859; Intercolonial Railway, 1867-8.
See May, p. 662.

§ Rimouski and Gaspe division, 1865 (Jan. Sess.); Quebec
Corporation, 1866.

PRIVATE BILL.

;r local orl
ills, these]
rge of thel

on broadi
Groverii-
lie works!
lewise sol

S having!
ised iijooii
ttee have I
In 1864,
id Incor-
land Dio-
ids in the
' the Leg-
le second
one, and
ion; and

LUg. Sess.) ;
lay, p. 629.

lOur, 1858,
SGI 5 ilont-
Qtreal Har-

r, 1867-8.

5 Quebec

^e objection being sustained, the bill was not
foceeded with * In 186(5, objection was tajcen, ^JJJ^ ^«'''

the second reading, to a bill to extend the time
payuig the debt of the County of Perth (due

the Municipal Loan Fund) that it, though a
Irivate bill, affected the public revenue, and
tould therefore have originated in committee of
ie whole; and the objection was fatal to the
(ll.f It has been held that a bill commenced

a private bill cannot be to ken up and proceeded
[ith as a public bill.|

The proceedings observed in the Imperial Par- Difference

. • ii n • I ■^•^^ between

iment m the passage ot private bills, are neces- imperial
^rily somewhat complicated in their character, dLn^p*rac'-

consequence of the numerous checks impos-ed *^°®'
^r the protection of the many interests which
|iey may affect or involve ; and the expense at-
hiding these proceedings is considerable : but
lie different circumstances of this country, as one
it newly settled, allowing a freer scope for en-
Irprise, with comparatively little risk of infring-
tg upon existing rights or privileges, admit (for
[time at least) of a much simpler and more inex-
;nsive system of Private Bill legislation. In ex-
gaining the system adopted (after various modi-

Assembly Journ., 1865 (Aug. Sess.), p. 123.
t Assembly Journ., 1866, p. 298.
X May, p. 631.

I! i
1 1 <

DEFINITION OF A PRIVATE BILL.

Proceed- iW!itioiis) by our Legislature, it is proposed
Commons state the various forms and proceedings so far aj
cribod first, caii Conveniently be done, in the order in whicli
they occur, from the presentation of the petition
(in either House) to the final passfige of the bill]
It will be convenient for this purpose to begi
with the House of Commons, but the course ob]
served in either House being now identical (witl
the exception of j)roceedings upon Divorce Billsj
in the Upper House, which are described in the
latter part of this work, and certain matters ofl
detail with reference to private bills generally,
which are noticed in the proper place), the des-
cription will apply equally to bills originating in|
the Senate.

4j!-.-;!^v'

3.— LEGISLATIVE JUIUSDICTION

REaARDINO PRIVATE BILLS.

By the x^roA'isioiis of " The British North
America Act, 1867," certain classes of Private
Bills are placed under the exclusive control of
the Parliament of the Dominion, and certain
others are transferred to the Provincial Legisla-
tures.

The classes of subjects which, under this Subjects

. 1 T-i under con-

arrangement, pertain exclusively to the Farlia- troi of Par-
ment of the Dominion, are thus defined by the Act :
Sec- 91. — Ferries between a Province and any
British or Foreign Country, or between
two Pro\'inces.
Banking, Incorporation of Banks, and the issue

of paper Money.
Savings Banks.

Patents of Invention and Discovery.
Naturalization and Aliens.
Marriage and Divorce, — and
Such classes of subjects as are expressly excepted

Ml
li'i

6nl)jecU
under
control of
Pari la-
ment*

Subjects
andcr con-
trol of Pro-
Tiucial
Legisla-
Inreg.

LEGI^IiATIVE JURISDICTION.

ill the enumeration of the classes of subjects
by this Act assigned exclusively to the
Legislatures of the Proviiices ; which ex-
ceptions are thus deiined, ill
Sec. 92, Sub-section 10:

a. Lines of Steam or other Ships, Railways.

Canals, Telegraphs, and other AVorks and
Undertakings «onnecting the Province
with any other or others of the Provinces,
or extending beyond the limits of the
Province :

b. Lines of Steam Ships between the Piovince

and any Briti.sh or Foreign Country :

c. Such Works as, although wholly situate

within the Province, are befoio or after
their execution declared by the Parliament
of Canada to be for the general advantage
of Canada, or for the advantage of two or
more of the Provinces.

Those which are placed under the exclusive
control of the Provincial Legislatures are thus
deiined :

Sec. 92, Sub-sec. 10. — Local Works and Under-
takings, other than such as form the excep-
tions above recited.
Sub-sec. Ix. — The incorporation of Companies

with Provincial objects.
Sub-sec. 16. — Generally all matters of a mere-
ly local or private nature in the Province.

LEGISLATIVE JURISDICTION.

)rsul)jects
ly to th(.'
vhich ex-

Itaihvaysi.

'orks and

Proviiico

"roviiiccs.

ts of the

Pjovinci'

try:

y situate

3 or after

arliament

advantage

)f two or

exclusive
are thus

d Uuder-
he excep-

ompaiiies

)f a mere-
Province.

It will be observed that the line of distinction
lis defined clearly with regard to certain classes c|,i7o'Ji'to*t,
lof subjects only. Sub-section 10 empowers the f«rthe gm-

'arliament of Canada to assume the control of tage.
[any works wholly situate within one Province,
that may be declared by that Body to be for the
advantage of the Dominion, or of two or more
[Provinces. Two instances of this occurred in
the first Session of Parliament, in the case oi the
Bill to incorporate the proprietors of the Ottawa st. Law-
land Prescott Railway, by the name of " The St. Ottawa
Lawrence and Ottawa Railway Company," and ^»'^''*y-
[the Bill respecting the Northern Railway of i^oj^her.
Canada — in the enactment of each of which l)ills, Ra'^^»y-
[Parliament declared, that the Railway therein
[referred to was " a work for the general advan-
ftaiye of Canada."* The first mentioned bill con-
tained a provision empowering the St. Lawrence
and Ottawa Railway Company to build, a bridge
over the River Ottawa, and to construct a branch
to Lake Deschesnes, in the Province of Quebec ;
but it was argued, in debate, that this would not in
itself justify legislation by the Parliament of
Canada, in reference to a Railway situate wholly
within one Province, as it might afford a danger-
ous precedent to parties desirous of evading the
jurisdiction of the Local Legislatures over works

* 31 Vic, c. 20, se:. 1, and c. 86, sec. 2.

I if.

!i!

iitlil

All Rail-
ways inter-
secting
Grand
Trunk
sbouM bo
under soino
control.

Worlcs ex-
temling be-
yond limits
of a Pro-
vince.

LEGISLATIVE JURISDICTION^.

ol" a purely local character ; and the course was
adoi:)te(l of introducing the clause abo-\ e men-
tioned, in order to bring the bill properly vrithin
the jurisdiction of the Parliament of the Dominion.

These Railways are, thus far, the only ones of
a local character that have ])een legislated upon
by Parliament ; but a]i imx:)ression would ajipear
to prevail, that all llailways intersecting the
Grand Trunk should be under the same Parlia-
mentary control, to avoid the serious difficulties
and inconveniences that might arise (so long as
they are subject to a different jurisdiction) from
conflicting reguktions in reference to the running
of trains, inspec.xv^n of Railway, gauge, and other
matters of detail.

There is a class of Raihvays and other w^orks
included among those placed by section 92 (sub-
sec. 10, a), under the exclusive control of the
Parliament of the Dominion, that is referred to
with some little ambiguity. The section reads
" Lines of tStoam or other shij^s. Railways, &:c.,
connecting the Province with any othc r or others
of the Provinces, or extending heyomi the limits of
the Province r Pi is clear that the words " extend-
ing beyond the limits of the Province" cannot have
been intended to apply to works merely connect-
ing two adjacent Provinces, because they pre
described in the words immediately preceding
Nor, on the other hand, can they refer to any

LEGISLATIVE JURISDICTION.

)urse was
>o-\ e men-
'ly v.'ithin
dominion,
ly ones of
ited upon
Id ajwear
cting the
ne rariia-
lifficulties
io long as
ton) from
? running
and other

on
ay

jr works
92 (sub-
of the
ferred to
reads
rs, &c.,
r others
limits of
extend-
not have
connect-
hey f>re
Bcedinj,
• to any

lailway or other work actually extending into a
foreign country, because, in the very nature of
things, no such power of extension can be con-
Terred by Canadian legislation. It would appear
therefore that these words mtist have reference
to such Railways, Telegraphs, or other works,
\s lead directly into a foreign country, such, for
example, as the Great "Western Railway, which
connects directly with the United States Railway
[system, both at the Niagara Falls Suspension
iBiidge, and also at Detroit, — the Buffalo and Lake
Iliiron Railway, connecting with United States
RaiUvays at ButFalo, — the Montreal and Cham-
l)lain Railway^ connecting at Rouse's Point with
the Vermont Central, &c.

Several bills were passed by Parliament, in the works of
Session of 186Y-8, relating to works of this class, {e^t^^lud
Vi-^. : — To amend the Act for the incori>oration of J" j'^g
ilie North-west Navigation and Railway Co. (a
Company empowered, among other things, to
navigate Lakes Huron and Superior witliin the
limits of Canada), — To confirm a By-law passed
])y the Directors of the Lake Memphremagog
Navigation Company (whose steamers ply on a
lake partly within the territory of the United
States^, — To incorporate the Clifton Susj)ension
Bridge Co. (international), — and to authorize the
carrying of gas j)ii)es across the Ri\er Niagara,
in order to facilitate the liiyhtiniy of the Town of

LEGISLATIVE JURISDICTION.

miniot).

!li

Clifton with gas (international). As none of
these bills contained the "general advantage"
clause, it may be assumed that the construction
put by Parliament upor the provisions of the
Imperial Act in regard to bills of this class agrees
with that above suggested.
Companies There is another class of bills, concerning
bu8ines3° which scrious doubts have arisen in regard to

throughout ..-,... -, ., p ,^ ' !•

the 1)0' jurisdiction, namely, those lor the incorporation
of companies for the transaction of business of
any Idnd ikroughout the Dominion. Sub-section
11 (above quoted) assigns to the Provincial
Legislatures " the incorporation of companies
with Provincial objects." In the first Session of
the Parliament of th^ Dominion, several iietitions
were presented in reference to the incorporation,
&c., of Insurance and other private companies.
Upon two of these, praying respectively for the
incorporation of the Gore District Mulual Fire
Insurance Company, and of the Sorghum
Growers' Association of the County of Essex,
the Committee on Standing Orders (Commons)
reported, in each case, that in their opinion the
matter " came more proi)erly within the jurisdic-
tion of the Local Legislature of Ontario."* On
the other hand, petitions for the incorporation of

* 6th and 8th Reports of Committee on Standing Orders
(Commons), l^GT-S.

LEGISLATIVE JURISDICTION.

5 none of
ivantage"
istruction
ns of the
ass agrees

)ncerning
regard to
rporation
isiness of
lb-section
Provincial
omi^anies
i^ssion of
petitions
poration,
mpanies.
" for the
nal Fire

orghum
Essex,
annions)

lion the

jurisdic-
* On

at ion of

he Merchants' Express Company of the Domin-
ion of Canada, — lor the incorporation of the Cana-
dian Lake Underwriters' Association, — and for
amending the Acts relating to the Canada "West
Farmers' Mutual and Stock Insurance Company,
and changing the name to the Canada Fai-mers'
Mutual Insurance Company, were reported upon
favorably, and bills, introduced upon them, were
passed, and became law.* Another petition, for
an Act to grant certain powers to the Civil
service Building and Savings Society, was re-
[)orted on favorably by the Standing Orders
Committee of each House, and a bill introduced
in the Commons. This bill was subsequently
referred to the Committee on Banking and Com-
merce, who, after discussing, in commiitee, the
jquestion 'of jurisdiction, presented a report to
the IIouLe, representing that " doubts had arisen
as to whether the objects sought to be obtained
by the promoters were not Provincial in their
character, and such as the Local Legislatvire is
exclusively empowered to deal with,"! and
soliciting instruction on the subject. A similar
proceeding took j^lace on the part of the Private
Bill Committee of the Senate, who presented a

g Orders

* 31 Vic, chaps. 90, 91 and 93.

t 5th Report of Commiitee on Banking and Commerce
(Commons), 18G7-8.

[l!*|

llilli

IR'li! i

20 LEGISLATIVE JURISDICTION.

report of a like nature in reference to a Bill to

incorporate the Intercolonial Insurance Com-

inquiry pauy.* A discussiou ensued upon the Report,

tion of ju- which resulted in the appointment of a com-

nadiction. j^^^^^g^ u ^^ inquire into and report to this House

on the classes of Acts for the incorporation of
private companies, which properly, under the
' British North America Act, 1867,' come within
the jurisdiction of the Parliament of the Domin-
ion, and to act on behalf of this House as Mem-
bers of any Joint Committee of the Senate and
House of Commons, which may be ordered on
the subject." f No committee was appointed
on the part of the Commons, and no further steps
were taken with regard to either of the above
mentioned bills.

It was urged, on the part of the promoters of
these bills, that the companies to which they
related were desirous of transacting busmess in
different jparts of the Dominion, and were there-
fore in need of more extensive and general
powers than could be conferred upon them by a
Provincial Legislature, and, in short, that they
were not jiroi^erly of the class referred to in vSub-
section 11 of the Act, as " Companies with Pro-
vincial objects." Against this it was argued that

Status of
Provincial
corpor.t-
tious.

* Rcpoit of Committee on Standuig Orde^^ and Private
Bills (Senate), 5th Dec., 1867.

t Senate Journal, 12th Dec., 18G7.

:i i

LEGISLATIVE JURISDICTION.

mess 111

fa rroviiicial Charter would suffice to ensure their
recognition in every Province whore their
jAgencies might be established ; m\d that under
[such a charter they could sue and be sued, and
transact all business of an ordinary character.
[in opposition to this view, a case was cited by
the Honorable Mr. Campbell, in the debate
in the Senate on the Bill to incorporate
the Intercolonial Insuranco Company, having
[an immediate bearing upon the question as
I to the status in one Province of a company in-
[corporated by the Legislature of another Pro-
hiiice. The case referred to was an action
jbrought, in the Court of King's Bench of Upper
Canada, by the Bank of Montreal, in the year
1836 (prior to the Union of Upper and Lower Case of
Canada), for the recovery of the amount of cer- Bank ve,
[tain promissory notes, the drawers and endorsers iste.""*^*
of which resided in Upper Canada. Th 3 Court
ruled that "a foreign corporation, such as a
[Bank, cannot maintain an action upon promis-
sory notes received and discounted by them
in the course of banking business in this Pro-
vince, although they may maintain an action
for money had and received to their use, against
the person for whom such notes were dis-
counted, and to whom money was advanced
upon them."*

• Bank of Montreal vs. Bethune, Hilary Term, 6 Wm. 4.
(See Robinson & Harrison's Digest, p. 123.)

■

22 LEGISLATIVE JURISDICTION.

By this (leci^ion it would appear, that what-
ever status a company, owing its existence to a
Provincial Charter, may possess beyond the
* limits of its own Province, ihere are limitations
and restrictions which can only be obviated by
special legislation in each Province. Banking
Companies are, by the Act, placed under the
exclusive control of the Parliament of the Domin-
ion, and it may be found advisable, with a view
of meeting the difficulty, that all commercial
companies doing business of such a nature as to
require the establishment of agencies in the
difterent Provinces of the Dominion, should be
placed under the same jurisdiction.

Angell & Ames, in their " Treatise on the Law
of Private Corporations aggregate," (6th edition,
Sufunited Boston, 1858,) shcw (in treating on the powers
of foreign corporations, s. 372), that " a company,
claiming to be incorporated, has only to shew
that it has been regularly and effectually made a
corporate body, to enable it to sustain a suit
beyond the jurisdiction within which it is consti-
tuted." They cite the case of the Dutch "West
India Company, — that of the National Bank of
St. Charles, in Spain, and other analogous cases,
in which it was decided by the English Courts,
that a foreign corporation may maintain a suit in
England by their corporate name. In the United
States also, it is shewn (s. 373), that the power of

Foreign
corpora-
tions in

States.

a coil
I not ij

lofthl

jmay|
ling

liiii

lat what-
once to a
rond the
imitations
viated bv
Banking
nder the
le Domin-
th a view
mmorcial
ture as to
s in the
ihould be

the Law

edition,

powers

omj)any,

to shew^

J made a

a suit

is consti-

3h West

Bank of

us cases,

Courts,

a suit in

United

)ower of

LEGISLATIVE JURISDICTION.

a corporation to sue, in the respective States, is
I not restricted to companies created by t^ie laws
of the State in which the suit is instituted, but
I may be exercised by foreign corporations, belong-
|ing either to another State of the Confederacy, or
to a foreign country. It is, however, admitted
that this i)ower is exercised rather upon suffer-
ance than of right, as " the Legishiture vmdoubt-
edly has power to prohibit foreign corporations
(/. e., those not created by the laws of the State)
from contracting in the State ; but until it does
so, contracts so made will be enforced." (s. 374.)
But instances are given in which the i^ow^ers of
foreign corporations were restricted by the Courts
without such Legislative intervention. In Ohio, ^^^^ ^^
the Court ru^ed (in re Bank of Marietta vs. Pin- Marietta

in Ohio.

dalf), that " though, as a general rule, a corpora-
tion created by the laws of one State might sue
in another, it would not he jtermitied to a Bank in
Ohio to establish an agency in Virginia for dis-
counting notes, or for carrying on any other
banking operations ; nor could they sustain an
action on any note thus acquired by them,"
though they admitted " there was nothing in the
policy of the laws of Virginia which restrained
its citizens from borrowing money from a Bank
in Ohio," &c. It w^as also held, by the Suprem'e Decision of
Court of the State of New York, " that a foreign Supreme

' => Court of

corporation, keeping an office in that State, for New York.

ig r

24 LI.GISLATIVE JURISDICTION.

receiving" deposits and discounting notes, without Borne
being expressly authorized by the laws of that
State to do so, cannot maintain an action for the
money loaned."

These, it is true, are but rare and exceptional
cases, yet they (with that relating to the Montreal
Bank, before referred to), serve to shew that the
X^owers of a corporation, beyond the territorial
jurisdiction of the legislature creating it, are, in
fact, exercised by permission rather than right,
and are therefore svibject to restriction or curtail-
Diffcrence meut at any time. In considerins* what may be

between "' . . . '^ . -^ .

Constitu- the true iwsition of corporations created in this
Canada couutry uudcr Provincial authority, it is well to
s°ate?°^^** bear in mind the very important difference that
exists between the Constitution of the Dominion
of Canada and that of the United States in regard
to " State rights :" while, in the latter, the sove-
reignty of each State, in all matters of internal
policy, is distinctly recognized and admitted, and
all rights not expressly assigned by the constitu-
tion to the Federal Ciovernment are exercised
by the Sovereign State, — under the constitution
of Canada, the Sovereignty is expressly vested in
the Grovernment and Parliament of the Domin-
ion, who have exclusive control over all matters
not assigned exclusively to the Legislatures of
the Provinces (British North America Act, sec.
91, class 29). This can hardly fail to have

■m

LEGISLATIVE JURISDICTION.

s, without
vs of that
yn for the

cceptional
1 Montreal
r that the
territorial
it, are, in
laii right,
or cnrtail-
at may be
3d in this
is well to
ence that
Dominion
in regard
the sove-

internal
itted, and
constitu-
exercised
istitution
vested in
e Domin-
1 matters
atures of
Act, sec.

to have

lome effect upon the datiis of Corporations hold-
[ng Provincial Charters, in any transactions they

Lay have beyond the limits of their own Pro-
rince. The Legisinture of Ontario, at their first
K'ssion, in incorporating the lloyal Canadian Royal
insurance Company, expressly restricted their ing"*n co,
Operations to risks " within the Provmce of (<^"tano)-

Ontario." Insurance business, like that of Banks,
not confined to a particular locality, but is
lecessarily si:>read over the country, and the

irf^er companies would probably desire to extend inaurance

° 1 PI CoinpaniM.

leu' operations over the greater part of the
'ominion, and even beyond it (as regards
Marine Insurance) ; it is therefore of importance
them that their corporate powers should pro-
sed from the highest legislative authority in the
[iand. A Bill respecting Insurance Companies,*
passed in the first Session of the Parliament of
J,\inada, requires all such companies to obtain a
Lcence from the Minister of Finance, and to
Lvest a large proportion of their paid-up capital
Dominion Stock, and contains other provisions
►r securmg the proper management of the

• At one stage of this bill an objection was made, that it
I'ftS beyond the jurisdiction of the House, which was over-ruled

Mr. Speaker; at another stage, a motion "that the regula-
lon of Insurance Companies is a subject properly within the
xriadiction of the Provincial Legislatures," was proposed and
kegatived. Com. Journal, 1867-8, pp. 161, 426.
3

.^K.

Boarda of
Trade.

LEGISLATIVE JURISDICTION.

companies. This attbrds an additional reason
why it is desirable that Insurance Companies
should be created by the same authority that
exercises over them such stringent control.

In the first Session of the Legislature of Ontario,
an Act was passed to incorporate the Guelph
Board of Trade. In the first Session of the Par-
liament of the Dominion, a bill was introduced
to incorporate the Stratford Board of Trade ; the
bill was referred to the Committee on Banking
and Commerce, and the question of jurisdiction
being raised in committee, the committee came
to the conclusion that thoucrh the Board to be
created was a local Board, the terms of the 91st
section of the " British America Act," in placing
"the Regulation of Trade and Commerce" under
the control of Parliament, justified the action of
this Legislature in the matter. In examining the
details of the bill, however, it was found to con-
tain provisions for the establishment of a Court
of Arbitration in commercial matters ; and as
"the constitutio :i, maintenance, and organization
of Provincial Courts, both of civil and criminal
jurisdiction," are, by the 92nd section of the said
Act assigned exclusively to the Provincial Legis-
latures, the committee expunged from the bill
so much as related to a Court of Arbitration, and
it was passed in the amended form.

It is much to be desired thai stej^s should be

aken

he q\

>f the

nsull

mpei

ippoi

nterr

luly

jonsi(

nd s

dmer

odet

m ad

ng t

[mpe

been

dou

e dv

norit

cedei]

Nott

to th

looke

Parli:

with

Legii

publ:

LEGISLATIVE JURISDICTION.

tial reason ■g^jjgj^ witliout delay to determine more accurately Settlement

"i • ■ of quos-

^ompauit.'s Ij^Q question of jurisdiction, either by the action tions of
Lority that l^f i}^q Canadian Parliament, or, if that be deemed Uon. '^
itrol. insullicient, by invoking the interposition of the

of Ontario, ■mperial Parliament, to pass an explanatory Act.
le Cruelphl ^g a preliminary step, it might be advisable to
)i the Parlppoiiit a committee (upon which the various
ntroduced Interests, Provincial and Dominional, should be
irade ; theWuly represented), for the purpose of carefully
I -banking Jjonsidering the whole question of jurisdiction,
Lirisdictioii fciid suggesting such amendments to the British
ittee came w^merica Act as may be found desirable, in order
>ard to be Mq determine doubtful points. Upon their report,
)1 the 91st ftji address to the Crown could be A'^oted, solicit-
in placing Bng the passage of an explanatory Act by the
mperial Parliament.

Another mode of meeting the difficulty has
been suggested, viz. : that each bill upon which
a doubt as to jurisdiction might be raised, should
e discussed, and the point decided ui^on its own
merits ; and that in this manner a series of pre-
cedents would be established for future guidance.
JSot to mention other objections that might exist
to this course, there is one that cannot be over-
looked, viz., that the legislation of the Dominion
Parliament cannot legally over-ride or interfere
with the rights and privileges of the Provincial
Legislatures, save in certain exceptional matters, as
public works, and education ; such powers as are

•ce" under
J action of I
nining the
nd to con-
)f a Court
s; and as
ganization
i criminal
►f the said
Dial Legis-
Q the bill
ation, and

should b(

28 LEOlSLATn^ .lURISDICTlON.

vested in the Local Legislature being (with those
exceptions) exrlimvehj assigned to them, any
proceeding or decision of Parliament upon a
matter in any way exceeding its jurisdiction,
instead of forming a precedent, will, in all i>roha-
bility, lead to the interposition of the Courts, and
perhaps involve endless litigation. It is there-
fore of the utmost importance, that any attempt
that may be made to deal with the question oi
jurisdiction, should be undertaken with duo
caution and deliberation.

4.— rARLIAMENTARY AGENTS.

Ill the Imperial Parliament, every private bill
r petition must be solicited by a Parliair.entary Pariia-
Lgent, who conducts the bill through its various Agents^
tnges, and is personally responsible to the House ""pfoyed
lid to the Speaker for the observance of the pJ^jSent
ules, orders, and practice of Parliament, and for
lie payment of all fees and charges : and no pro-
eeding upon any petition or bill can take place,
iiitil an appearance to act as the Parliamentary

gent upon the same shall have been entered in

le Private Bill Office.* This practice of em-
ploying Parliamentary Agents has been but re-

ently introduced in Canada, and it has not Not obu-
hitherto been made obligatory, though the in- Canada*."
crease of business may possibly render it desirable
to adopt some such course, in order that mem-
bers may be relieved from a duty that is often
inconvenient and embarras.*^' ng, and frequently
involves a sacrifice of tiuK and trouble, which
should not in fairness be expected of them.

* May, p. 655.

"30

PARLIAMENTARY AGENTS.

In the revised code of Rules prepared by the
late Sir Henry Smith (then Speaker), and adopt-
ed by the Assembly of 1860, provision wa? made
for tlio recognition of Parliamentary Agents,
qualifying, who had up to that time acted in a private and
irresj^onsible capacity. No person is now per-
mitted to Act as Parliamentary Agent, without the
express sanction and authority of the Speaker.*
This having been obtained, he is required to
sign a declaration before the Chief Clerk of the
Private Bill Office, engaging to observe and obey
all the Eules of the House, and to pay all fees
and charges, when demanded, and further, to
enter into a recognizance in $2,000 (if required at
any future time by the Speaker) conditioned to
observe such declaration. His name is then
registered in a book, and he is entitled to act as
a Parliamentary Agent, but is liable to an abso-
lute or temporary prohibition to practise (at the
pleasure of the Speaker), for any wilful violation
of the Rules and practice of Parliament, or of any
rules prescribed by the Speaker. Membersf

Dl^qualifi
cations.

* 73rd and 74th Rules, Commons.

t The House of Commons of Great Britain, by a Resolution
of the 26th February, 1830, declared, nem. con., *' That it is
contrary to the law and usage of Parliament that any Member of
this House should be permitted to engage, either by himself or
any partner, in the management of private blls before this or the

PARLIAMENTARY AGENTS.

L by the
d adopt-
as made

Agents,
rate and
ow per-
hout the
peaker.*
uired to
k of the
lid obey
' ail fees
rther, to
juired at
ioned to

is then
to act as
an abso-
(at the

iolation
>r of any

mbersf

Resolution
That it is

tlember of
iinself or

his or the

and Officers of the House* are alike disqalified
for Parliamentary Agency.

The name and place of residence of the ParUa- ftegisi/a-

^ ^ ^ tion of

mentary Agent soHciting a biUare entered in the Agents.
Private Bill Register, in which are also recorded
all the proceedings, from the petition to the pass-
ing of the bill. This book is op3n to jmblic in-
spection.!

The Rules relating lo Parliamentary Agents
belong only to tLe House of Commons, no regu-
lations having been adopted by the Senate on this
subject.

It is usual for the Member who presents the Members
petition to take charge of the bill through its dif-
ferent stages. I

other House of Parliament, for a pecuniary reward." Commons
Journ. (G. B.), 1830, p. 107.

One of the Sessional Orders of the Canadian House of Com-
mons also declaies " that the offer of any money or other advan-
tage to any Member of the House of Commons, for the promot-
ing of any matter whatsoever, depending or to be trar.sacted in
the Parliumtnt of the Dominion of Canada, is a Ligh crime and
misdemeanor, and tends to the subversion of the Conatiiution.
Commons Journ., 1867~S, p. 6.

* In the Imperial Parliament, in compliance with the recom-
mendation of a Select Committee on the House of Commons
Offices in 1835, no officer or clerk belonging to the establish-
ment is allowed to transact private business before the House, for
his emolument or advantage, either directly or indirectly. May,
p. 656.

t 71st Rule.

X Sherwood on 1 rivate Bills^ p. 29

"■'/"'('H'V>7-' ■■'.'■'■'■ '^^■'

jl 1

5.— rETITIONS FOE PRIVATE BILLS.

Every Pri- Evcry private bill is based on a petition,*
based on a whicb sbould state, in general terms, the objects
petition. ^^ privileges sought to be obtained by the parties
soliciting the bill, and be signed by the parties
themselves (the signatures of agents r j ^lalf of
others being inadmissable, except in case of inca-
pacity by sickness) ; and at least one signature
should be on the same sheet on which the peti-
tion is written.! The petition is presented by a
"°7ed." Member in his place. | Petitions should bc^ pre-
pared in triplicate, one copy being pres* nted in
each Houie by a Member, and a third addressed
to the Governor General in Council, through the
Secretary of State. (A form of petition to ea' 1
branch of the Legislature will be found in i

* 56tli Rule. Bills relating to local improvements are oc,
casionally brought iu, in the Imperial Parliament, by order,
without a petition, but are subsequently dealt with as private
bills, as regards proof of compliance with standing oriers, &c.
May, p. 661.

t May, p. 509.

t 85th Kule, Commons.

llii

PETITIONS.

.LS.

iition,*

objects

parties

xalfof

of inca-

^nature

e peti-

d by a

>3 pre-

ited in

ressed

gh the

o ea' '

in T

are oc.
>y order,

private
ers, &CC.

Appendix. No. III.) In 1859 a Bill to incorpo- P^'^s which

* ^ ' had not

rate the Cluelph and AYellington Koads Company, been based
was sent down by the Legislative Council, and tion.
was subsecjuently referred to the Committee on
Private Bills, who finding that it was not found-
ed on a petition, reported that the i^reamble was
not proved. In 1862, a Bill to separate the town-
shijp of Broughtoi- from the County of Megantic,
and to annex it to the County of Beauce, which
had been introduced as a public bill (under a
public title), was referred to the committee, who
reported that it was not based on a petition, and
could not therefore be treated as a private bill ;
and no further jiroceeding was taken on the bill
by the House.

The petition must be presented within the Time of
first three weeks of the Session.* It was former- [j^oT"**'
ly the custom to extend this time, by Resolution,
to a very late period of the Session, but the in-
jurious tendency of such an extension has become
so evident, from the necessity it frequently in-
volves of dispensing with those formalities which
are so necessary for the protection of private
rights, that of late years there has been evinced
an increasing unwillingness to extend the period.
"While in 1858, it was extended to 85 days from
the commencement of the Session ; in 1859 rnd

49th Rule.

li M

After expi
ration of
time.

PETITIONS.

1860, it was extended to G3, and in 1861 to 36
days only; the latter being* but 15 days beyond
the time fixed by the Rule. In 1867-8, an ad-
jonrnirentfrom December to March having been
determined upon, the time for receiving x^etitions
was extended to three weeks after the re-assem-
bling of Parliament, and subsequently to the end
of the then current month.

When the time has actually expired, parties
are at hberty to present a petition, asking leave
to introduce their petition for a private bill not-
withstanding such expiry, and explaining the
circumstances under which they have been pre-
vented from complying with the orders of the
House.* It is competent then to the House,
either to grant the requisite permission upon
motion,! or, in accordance with the practice in
the Imperial Parliament,^ to refer the matter to
the Standing Orders Committee, and take action
upon their report. In 1866, the House extended
the time in favor of a particular application only.§

■ i

* Niagara Harbour and Dock Co., 1851; Randall Estate,
1852-3 5 Brockville and Ottawa Railway, 1863 (Feh.Scss.);
Ottawa and French River communication, 1863 (Aug. Sess.)
See also Sherwood on Private Bills, pp, 10, 23.

t Assembly Journ., 1832-3, p. 347; 1863 (Feb. Sess.), pp.
320, 326.

t May, p. 669.

§ Cobourg nnd Peterboro' Railway, 1866.

6.— PROOP OF NOTICES,

iJEFORE COMMITTEE ON STANDING ORDERS.

All petitions for private bills, when received by Examina-
tion of
the House, are taken into consideration (without petitions

special reference) by the Committee on Standing Jl^Verence.
Orders, whose duty it is to ascertain whether the
Rule of the House in regard to the x)ublication of
notice has been complied with in each case, and
to report to the House the result of their in-
quiries ; together with any recommendation that
may appear to them desirable in cases where the
notice may prove in any respect informal or in-
sufficient.* The committee has no power to in-
quire into the merits of any such petition, this
being a duty which pertains to the Private Bill
Committee in considering the preamble of the
bUl.t
All private bills from the Senate (not beinc- Private

, , . . ^ * BUl3 from

based on a petition already so reported on) are Senate ex-
amined.

• 53rd Rule.

t Alpheua Todd's Report on Private Bills, 1847.

PROOF OF NOTICES.

! i

^llil

taken into consideration and reported upon by the
committee after the first reading *

In 1862, the Legislative Assembly (in pursu-
ance of a recommendation of the Standing Orders
Committee in their 10th Report) appointed the
Examiner Chief Clerk of the Private Bill Office their " Ex-

for Stand -

ing Orders, amiucr for Standing Orders," assigning to him
the duty of examining into the facts with regard
to the notice given on each petition, and report-
ing the same for the infcrmation of the Committee
on Standing Orders ; and the practice is contm-
ued under the new arrangements since Confed-
eration. The committee are then enabled, upon
the evidence reported to them, to decide upon
each case. This corresponds with the course
taken in the Imi^erial Parliament ;f it has been
adopted, as yet, only by the Lower House, and is
a step towards the assimilation of our Canadian
practice to that of the two Houses of the Imperial
Parliament for the joint proof of their Standing
Orders.J

* 54th Rule. Toronto Boys' Home, 1861 ; Huron College,
1863 (Fib. Sess.) ; London and Canadian Loan and Agency Co.,
1863 (Aug. S3S3.) ; Niagara District Bank, 1867-8.

t Bristowe, pp. 10, 77.

t In 1854: the Lord3 adopted a most convenient arrangement
which dispensed with a double proof of the Orders common to
both Houses ; they resolved on the appointment of examiners for
Standing Orders for their Lordships' House, and appointed the

PROOF OF NOTICES.

Ali questions arising- in the committee are de- froceed-
oided by a majority of voices ; the chairman committee?
voting only when there is an eqn ' Ity of voices.
In committees on private bills, the chairman votes
as a member, and has also a second or castiui*-
vote when the votes are equal ; but this power
is specially conferred by a Standing Order of the
House ;* such is also the case in Election Com-
i*:"ttees, as regulated by statute ; but as regards
other committees, in the absence of any special
power, it is contrary to the practice of Parlia-
ment, f

The Standing' Orders Committee usually ap- sitting of
[point certain days for sitting, in the Private Bill ''°™™*"^®*
Office, when such petitions for private bills as
[have been received by the House, are laid before
[them. In cases where there is any doubt as to

ame geatlemea who held the office of ExamL ers of petitions in
House of Commoas, who were thus enabled to take the evi-
dence on the part of both Houses simultaneously : and in cases
[where any of the Orders have not been complied with, the Stand-
ng Orders Committee in each House determines, upon the facts
eported by them, whether the same ought or ought not to be
ispensed with. "Of all the improvements," says May, " con-
ected with Private Bill legislation, none have been so signal as
hose in which both Houses have concurred for the assimilation
^_nd joint proof of their standing C"der.?." May, pp. Qi6, 646.
* 63rd Rule,
t May, p. 385.
4

PROOF OF NOTICES.

the sufficiency of the notice, the promoter* of a
petition appear before the committee, to produce
such evidence as they may desire to ofler.
Notices re- While the requirements of the standing orders
EDgiand, of the Lords and Commons, reiathig* to private
bills, involve notices in various forms, and the
dei:>ositing of plans, estimates, and other docu-
ments in some cases,* those of our Canadian
Legislature (see Appendix I.) embrace (in all but
Divorce cases) but one i'orm of notice, viz., by ad-
In Canada, vertisemcut inserted in the Canada (gazette, and
also in some newspaper published in any locality
that may be affected by the proposed scheme,
clearly and distinctly specifying the nature and
object of the application ; if the matter relate
specially to the Province of Quebec, it must be
published both in English and French. This
notice must be continued, not less than once a
week, for a period of two months, during the in-
terval of time between the close of the preceding
Session and the consideration of the petition by
the committee. In the case of a proposal to erect

* They are arranged in the following order: — 1. Notices byl
advertisement. 2. N<^ticea and applications to owners, lessees,!
and occupiers of lands and houses. 3- Documents required tc|
be deposited, and the times and places of deposit. 4. Form irl
which plans, books vif reference, sections and cross sections shal'
be prepared. 5. Estimates and deposit of money and declara
tions in certain cases. May, p. 644.

PKOOF OF NOTICES.

a toll bridge, the notice must state the rates of
toll to be demanded, the extent of the exclusive
privilege, the height of the arches, the interval
between the abutments of piers for the passage
of rafts and vessels, and, when it is intended to
construct a draw-bridge, the dimensions of the
same*

When the application is for a Bill of Divorce, in Divorce
the notice is required by the Standing Orders of
the Senate (see Appendix 11.) to be published
during six months in the Canada Gazette, and in
two newspapers published in the District (in
Quebec), or County or Union of Counties (in the
other Provinces), where the applicant resides.f
A copy of such notice in writing must also be
served on the person from whom such Divorce is
sought, if the residence of such person can be
ascertained ; and proof on oath of such service
(or of the attempts made to effect the same), must
be adduced before the Senate on the reading
of the petition.l An exemplification of all pro-
ceedings that may have been had in any Court
of Law, duly certified, must be presented at the
same time.§ And in all cases where damages
have been awarded to the applicant, proof on

• 51st and 52nd Rules,
t 73rd Rule, Senate.
t 74th Rule, Senate.
§ 75th Rule, Senate.

(!'

rilOOF OF NOTICES.

Certain
applica-
tions ex

oath must be adduced that such damages have
been levied and retained, or such explanation
afforded for the nej^lect or inability to levy the
same under a writ of execution, as may appear
sufficient excuse for such omission.*

The various notices required by the Kules of
the two Houses having been thus referred to, it
empt from ghould be mentioned that they do not apply to
all applications for private bills, indiscriminately,
but to such only as involve the granting of ex-
clusive rights or privileges, or a possible inter-
ference with the rights or interests of other
parties.! Thus petitions for the incorporation
of religious, benevolent, social, literary, or educa-
tional institutions or associations,! for the na-
turalization of aliens, § for some individual or
personal advantage not of an exclusive charac-

* Y6th Rule, Senate.

t 5l3t Rule (both Houses).

t Toronto House of Industry, 1852-3 ; St. Mary's College,
1852-3} German Evangelical Church incorporation, 1854-5;
Canadian Order of Odd Fellows, 1856 ; Woodstock Literary In-
stitute, 1857; Montreal St. Andrew's Society, 1858; Toronto
Horticultural Society, 1860 ; Montreal Skating Club, 1861 ; To-
ronto Savings Bank, 1861; Montreal Natural History Society,
1862; Toronto Club, 1863; Humane Society of B.N.Am.,
1864; St. Catharines Hospital, 1865; London Board of Trade, |
1866.

§ Chaffee's naturalization, 1857 ; Steckel's naturalization,
1857. In the case of De Stoecklia's naturalization (1860), and

ter,*
been
from
appli
whei
the r
Te
comri
whic
ving
or th
right
tend
they
requ
prov:
tec til

Roger
was re
Gazet

• M
tawaS

t W
of tim
(reduc
road (
Cartie
Trade

t I
amenc
Bank

PROOF OF NOTICES.

ges have

planation

levy the

ly appear

Kules of
•red to, it

apply to
minately,
iig of ex-
ble iuter-
of other
rporation
or educa-
r the na-
ddual or
e charac-

y'a College,
)n, 1854-5 ;
Literary In-
18 } Toronto
b, 1861 ; To-
iory Society,
B. N. Am.,
rd of Trade,

ituralization,
(1860), and

ter,* or for objects of a like nature, have usually
been reported upon by the committee as exempt
from the necessity of such notice ; as have also
applications for amendment of existing charters,
when such amendment does not interfere witli
the rights of shareholders or others.f

Petitions have occasionally come before the provision
committee, seeking certain powers or privileges, l^^^l' *°
which, though not " exclusive" or directly in vol- "*°*J*^
ving (in the words of the 51st Rule) " any matter
or thing which in its operation would affect the
rights or property of other parties," might yet
tend incidentally to affect the same. In such cases
they have generally reported that notice was not
required (vmder the terms of the E-ule), but that
provision should be made in the Bill for duly pro-
tecting all existing rights, &c. ; X it then becomes

Rogers' do. (1866), a suspension of the Rule relative to notice
was recommended ; and in those of Sanford and Rogers (1802) a
Gazette notice was reported as sufficient.

* Mercer's relief, 1859; Foe's change of name, 1862; Ot-
tawa Sisters of Charity (power to mortgage their property), 1863.

t Montreal Cemetery Co., 1852-3; Niagara Bank (extension
of time for paying up stock), 1857 ; Eastern Townships Bank
(reduction of capital), 1858 ; Port Whitby & Lake Huron Rail-
iroad Co. (do.), 1859; Toronto Cotton Mills Co., 1862; Jacques
Cartier Bank, 1863; Merchants' Bank, 1864; Hamilton Board of
Trade, 1866 ; London do., 1867-8.

t Piatt Estate, 1858 ; Montreal and Champlain Railroad
amendment, 1860 ; Guelph debt consolidation, IBGO ; Montreal
Bank amendment, 1861, &c.

PROOF OF NOTICES.

Evidenco
of publi-
city, when

!!!

i!i!

the duty of the Committee on Private Bills (or
other committee of a like character), when the
bill comes before them, to see that it contains such
a provision, before they report it to the House.*
In the fullllmeiit of their duty of examining
into the notices g-iyen by the i^romoters of private
bills in compliance with the 51st and o2nd Uules,
no notice is the Committee on Standing Orders have ffener-

giren. .

ally been guided rather by the spirit than the
letter of the requirement. In every case where
the formal notice proves to have been insufficient,
or to have been omitted altogether, they have
admitted evidence to shew that all j)arties whose
interests may be affected by the matter in ques-
tion, have been fully inforuK ^ of the intention to
apply to Parliament. In ad ing the propriety
of such a distinction in the interpretation of the
Rules, it must nevertheless be remembered that
parties at a distance who may be aware of an exist-
ing informality, may be led to suppose that it will
be fatal to the measure, and may therefore neg-
lect to take any steps to oppose it, relying upon
the House to carry out its own Standing Orders.
This has, in fact, been the case m several instances,
and a knowledge of it generally acts upon the
committee in exercising their judgment as to the
admissability of evidence of this kind. When the
committee have become satisfied in this manner

64th Rule.

PROOF OF NOTICES.

Icoucerninn: a notice thus technically dofoctive or inforai»i-

I '^ •' ily waived,

linformal, they have in some instances taken npon in ceruin
themselves to waive the informality, and to rc-
p'^rt the notice as sufTicient. Thus, publication
of the proceedings at a pu))lic meeting called to

[consider a certain question, or some other i^ublic
notice,* discussions in reference thereto in a City
Council, reported in the local papers,! or service
of notice on the shareholders of a company in-
dividually, or evidence of the knowledge or con-,
sent of parties aHected,| have been held to be a
suflicient substitute for the notice required by the
Kulo. They have dispensed with the local notice
in a matter affecting a remote and unsettled part
of the country,^ also in the incorporation of
Insurance Companies, || or Bank.*;,^ and in other

• Three Rivera Diocese Church Rate, 1852-3 ; Jolietto in-
corporation, 1853 J Bruce County Town, 1864.

t Montreal Corporation amendment, 185Gj Montreal City
Passenger Railway, 1861 ; Toronto incorporation amendment,
1862; Quebec Corporation, 1864.

X Hamilton Hotel Co., 1856; Upper Canada Bank, 1862;
Brockville & Ottawa Railway, 1863 ; Woodstock Literary In-
stitute, 1864; Ottawa & Preacott Railway, 1865; McDougall
Estate, 1865 ; Bruce By-law, 1866 ; St. Lawrence Tow Boat
Co., 1866; Merchants' Bank, 1867-8.

§ Huron Copper Bay Co., 1849; Sault St. Marie C"nal,
1852-3.

II British America Fire and Life Assurance Co., 1852-3, &c.

1[ Royal Bank of Canada, 1861, Ac.

PROOF OF NOTICES.

!ii

!li

matters not affecting any particular locality.*
They have also dispensed with notice in the
Official Gazette in applications of a purely local
nature, t and with the French local notice in a
' matter relating to the Eastern Townships of
Lower Canada,t and the English local notice in
one affectmg a poi^ulation of French origin. §
Suspension The above cases must however be considered
rekUve to ^s altogether exceptional ; while the committee
may, in their discretion, interpret the Rules in
the most liberal sense, they have no power to
dispense with the formalities required by the
House. "VYhen, after due examination, they con-
sider it desirable to relax these formalities in any
particular case, they report the facts to the House,
and recommend a suspension of the Rule. The
principal grounds upon which a suspension has
been recommended may be thus stated : — Evi-
dence of consent of parties interested, || — That

notice.

• In companies of this nature, whose business is general
rather than local, it is customary, when an amendment of their
Charter is asked, to publish a local notice (in addition to that in
the Official Gazette) in a newi?t>aper circulating at the seat of
their chief place of business.

t Iroquois School Section, 1858; Moulton Division, 1859;
Cobourg Manufacturing Co., 18o9; Burford Survey, 1860 ; Fitz-
roy Survey, 1863 ; Becancour Bridge, 1863 ; Fabriques Mutual
Assurance, 1865.

t Iberville, Brome, Shefford, and Missisquoi Road, 1857.

§ Juliette Mining Co., 1857; Tring Municipality, 1863.

II Gait Estate, 1860 ; La Banque du People stock increase,

all

suffil

the

gen(

a 11

Ith

U T
befo

locality.*
in the
■^ly local
•tice in a
ships of
notice in

usidered
>inniittee
Kules in
)ower to
by the
hey con-
s in any
3 House,
[e. The
sion has
I :— Evi-
I —That

s general
it of their
to that in
ie seat of

^, 1859

PROOF OF NOTICED.

ill parties have signed the petition,* — or are
[sufficiently apprized of the application,! — That
(the petition (in matters of a local nature) is very
Igenerally signed,t — That no private rights will
[be interfered with,§ — Proceedings in reference
th'^reto at a public meeting, || or in City Councils,^
I — That the notice w^ill have fully matured
before any action can be taken on the bill by the

1861; Beauhariiois Presbyterian Cong., 1861; Grand Trucrk
Railway, 18G2 ; Bumble's relief, 1863; St. Thomas Debentures,
1864; McCallum's relief, 1865; Bar of L. Canada, 1866.

• Benson Estate, 1857 ; Cobourg Harbour Debentures, 1858 ;
N. Halifax boundary line, U59; McKay's will, 1861 ; Kingston
Marine iliilway, 1863; Iberville • Academy, 1864; York
Roads, 1865; Aylmer Parish, 1866.

t London and Port Stanley Railway (sale of land), 1858;
Rouville division, 1859 ; Cobourg and Peterboro' Railway, 1862 ;
Saguenay Municipality, 1863; Montreal Corporation, 1865.

t Mitchell incorporation, 1857 ; Charlevoix Registry Otfice,
1853 ; Vcspra and Sunnidale separation, 1859 ; Waterloo regis-
tration division, 1862; King Township Treasurer, 1863; Ya-
maska Bridge, 1864.

§ Woodstock Woollen and Cotton Manufacturing Co., 1860;
Northern Railway amendment, 1860 ; South Eastern Mining Co.,
1861 ; Huguenin's admission as notary, 1861 ; Crevier's relief,
1863; Knowlton Cemetery, 1865 ; Canadian Rubber Co., 1866 ;
Clifton Gps Works, 1807-8.

II Napanee incorporation, i857; C?.yuga Market block, 1863;
Port Hope By-law, 1365; Church of England Synod, 1866.

IT Montreal incorporation aineudment, 1854-5; Quebec
Police, 1857; Toronto Street Railway, 1861; Hamilton Debt,
1863.

45.

I I

iill ! -

46 ' PKOOF OF NOTICES.

Private Bill Committee,* — That the measure is
one of great urgency,! or of great public utility!
or importance,! — That the notices were given
for the previous Session, which was closed pre-
maturely,§ — That Bank Charters have not here-]
tofore been treated as private bills in New
Brunswick, II — ajid even, in one or two instances,'
on the ground that a petition had been presented
against the proposed bill, which appears to have
been considered as evidence that its opj)onents
were svifficiently informed of the application.

In recommending a su.spension of the Rule,
however, when no sufficient notice has been
given, the committee have suggested that certain
matters of detail, which they considered to
require notice, should not be included in the
bill.t

Up to the year 1856, it was occasionally the

in '

* Durham separation, 1860; Petroleum Springs Road Co.,
IHGl ; St. Hyacinthe corporation, 1863 ; Lincoln County town,
186G.

t Hamilton debt consolidation, 1861 ; Oxford Seed Grain,
1863; Napanee Municipality, 1865.

X Transmundane Telegraph Co., 1859 ; St. Lawrence Navi-
gation Co., 1861 ; North West Navigation and Railway Co.,
1862.

§ Dereham Drainage, 1863; Niagara &, Detroit Railway,
1865.

II Fredericton Bank, 1867-8.

IT Stanstead, Shefford & Chambly Railway, 1863.

PROOF OF NOTICES.

practice for the House to suspend, in a particular
[case, the Kulc relative to Notice, vpou a motion ^^^'"S"
[to that effect, without any previous action on the ^^^""*"^_
hiart of the Standing Orders Committee ; but in ed.
that year the committee made a report, repre-
senting that the practice of indiscriminately dis-
pensing with these notices must have a most
injurious tendency, and suggesting that in future
no motion for susi:)ending the Kule in any special
case be passed, until the matter in question should
have been favorably reported on by the com-
mittee ; this being acceded to by the House,
was acted upon for the remainder of that Session.
A similar recommendation made in the following
year, was modified by the House so as to provide
that no motion for suspending the Rule in favor
of any petition be entertained, until the com-
mittee shall have reported on the subject, favor-
ably or otherwise ; and this is now provided for
in the 55th Rule.

When, in any case, the notice, upon examina- insufficimt
tion, proves to be insufficient, it is so reported to be report-
the House, and (unless accomj^anied by a recom- * "
mendation to suspend the Rule) all further action
in the matter is dropped ; the decision of the
committee being rarely oven aled by the House.*
One case is recorded in the Journals of the

• May, p. 6.33.

■tOOi

I: !ii

! I

lil

ill

It'

111

iliiH

"Notice
must bo
specific

■ and clear.

Gait and

Guelph

Railway.

PROOF OF NOTICES.

Assembly, in which the committee having
reported the notice incomplete, recommended
that it be not dispensed with. The House never-
theless suspended the Rule, and referred the
petition back to the committee, who subsequently
reported favorably, and a bill was mtroduced.*
In judging" as to the sufficiency of a notice
submitted for their examination, the committee
compare its terms with those of the petition, and
any important variance or omission in the T >rmer
is fatal either to the whole measure, or to a parti-
cular provision therein, as the case may be. In
some instances the notice (though published in
the prescribed manner in other respects) has
been unfavorably reported on because it did not
sufficiently indicate the objects sought to be
attained, f This was the case with a petition
for an amendment to the Act incorporating the
Gralt and Gruelph Railway Company in 1858 ; on
examining the petition, the amendment was
found to embrace a provision for giving the
holders of certam bonds issued by the company
before mortgaging their road to the Great
Western Railway Company, a remedy against
the last mentioned company, and this not having
been mentioned in the notice, it was pronounced

* Huntingdon Plank Road Co., 1846.
t St. Lambert Municipality, 1861.

having
iimended
ise nerer-
rred the
sequcntly
'oduced.*
a notice
ommittee 5
tion, and
le ^'rmer
o a parti-
f be. In
lished in
icts) has
t did not
it to be
petition
iting the
L858; on
3nt was
ing th<^
company
e Great
against
t having
lounced

PROOF OF NOTICES.

ins^friTiciont.* In another instance,! upon an
api)lication for amendments to th(. Act dividing JJ^y'^g^*'"
Chatham into two municipalities, the notice
simply referred to the Act, as 19 & 20 Vic, cap,
105, without mentioning the subject, and this
was pronounced insufficient. In the same Ses-
sioji, the committee called the attention of the
House (in one of their reports) to the utter insuf-
ficiency of a notice given in this form, and recom-
mended '• that in future, no notice be considered
sufficient that does not clearly indicate the nature
and subject of the application." % This recom-
mendation has been acted upon by the committee
ever since ; and in 1862 the (51st) Hule Avas so
amended as to require every notice to be of this
character.

If the notice be found too general in its terms, Petitioners
or if no mention be made of certain matters within the
included in the petition which require a specific tho^^oUce.
notice, the facts are 'specially reported, and the
promoters restricted, in the details of the bill,

* la a sub3e:iuent report, five weeks later, the conimit*ee
stated that the noiice had since been amended, and advertised
in its amended form for three weeks ; and they recommended
that the Rule be suspended : this was done accordingly, and a
bill presented, bat it was not proceeded with.

t Chatham division, I860. Also, Murray gravel roads, 1862 ;

Colborne gravel roads, 1862.

X Assembly Journ., I860, p. 126.
5

mOOF OF NOTICES.

liii^

ii;!

I'li I

III

Peel Manu-
facturing
Co.

Exception, within the terms of the notice ;* or if the matters
so omitted are allowed to be inserted in the bill,
due provision is made therein for the protection
of all parties whose rights might be affected by
the want of a specific notice. f If the notice
has been given in one County or District only,
the operations of the j)etitioners are confined to
that locality. I

In 1865, in reporting on the petition of the
Peel Greneral Manufacturing Company, for cer-
tain amendments to their charter, the committee
stated that the notice was sufficient for ordinary
amendments, but called the attention of the
House to one of a peculiar nature, under which
shareholders in the company might claim a
relaxation of the Patent Laws in favor of their
own iuA^entions, when intended to be used in
connection with the company. The promoters
did not i)roceed with the bill.

In 1866, the County Council of Wellington,

* Port Hope Harbour, 1854-5 j Vaudreuil Railway, 1854-5 ;
St. Lawrence and Bay Chaleurs Land Co., 1857 ; Brockville and
Ottawa Railway, 1860; Onslow Survey, 1862; Preston and
Berlin Railway, 1862; Joliette incorporation, 1863; Eastern
Townships Bank, 1864 ; DeL^ry Gold Mining Co., 18.;5 ; Long
Point Company, 1866.

t Montreal City Loan, 18C2; Buffalo & Lake Huron Rail-
way, 1863 ; Tadousac Hotel Co., 1865; Bank of U. C, 1866 ;
Clifton Suspension Bridge, 1867-8.

t St. Lawrence Mining Co., 1854-5.

PROOF OF NOTICES.

having petitioned for an Act to legalize their By- Wellington
law granting aid to a certain railway, presented
a further petition, praying that the Rule requir-
ing notice might be suspended in their case ; and
the Committee on Standing Orders, having con-
sidered the last mentioned petition, reported that
no sufficient reason had been urged to induce
them to recommend a susi)ension of the Rule.

In one case* the committee reported that the Special

^ Reports.

notice ought not to be dispensed with, but that a
bill might be introduced for the relief of the
petitioner, by extending in his favor the time for
appealing against a decision of the Trinity Board.
The bill was accordingly introduced, but was
subsequently dropped. In another casef the
committee reported that a charter proposed to be
amended had become void by non user ; and the
House justified the report by taking no further
action in the matter.

In the Session of 1867-8 (after Confederation),
the committee reported, with reference to two
petitions, " . they appeared to come more pro-
perly within the jurisdiction of the Local Legis-
lature,! and they were not proceeded with

• Malcolm Smith, to be reinstated as a pilot, 1859,
t North-west Transit Co., 1861 5 and again in 1862.
t Gore District Mutual Insurance Association, 1867-8; Sor-
ghum Growers' Association of Essex, 1867-8.

PROOF OF NOTICES.

I J

iiiiiihii

TO I

i '
II! i I

Other par-
ties cannot
avail

themsolvcs
of a notice.

Petitions

referred

back.

Farther
Report,
amending
a former
one.

(See also chapter on Legislative Jurisdiction,
supra^ p. 13.)

It may be well to state, that the committee
(though not reporting any such case to the
House) has repeatedly decided that parties hav
mg a diverse interest from those by whom a
notice has been published, cannot avail them-
selves of such notice to proceed upon their own
account; among other cases, this decision was
given in legvrd to the Sault Ste. Marie Canal in
1851, and G-age's Will case in 18G2, to the know-
ledge of the writer.

After an unfavorable report from the com-
mittee, the House has, in a few instances,*
referred petitions back to the committee, with an
instruction to consider and report as to the
exjiediency of suspending the Rule. In one case
onlyt was their report favorable; and though
in this instance the Rule was suspended, and a
bill introduced, it was subsequentl}'- abandoned.
It has occasionally hapjoened, that after certain
petitions have been unfavorably reported on,
further evidence has been produced, suflBicient to ]
satisfy the committee. In such cases they have
made a further report, amending the former one,
and lepresenting either that the notice has since

* Reach road allowance, 1856; Elora incorporation, 1856 f
Turner's contract on Brant Gaol and Court House, 1856.
t Elora incorporation, 1856.

iltl' I

PROOF OF NOTICES.

)een continued bo as to complete the full time
Required,* or that it has been amended so as to
leftt the requirements of the Rule,! or that the
evidence subsequently adduced proves that the
lotice was sufficient for all parties concenied.J

' Hamilton & Amherstburg Railway, 1854-5 ; Peterborough
School Trustees, 1857 ; St. Boilaventuro Municipality, 18C6.
t Gait & Guelpli Railway amendment, 1358.
i British Farmers' Union Insurance Co. of Brantford, 1859.

lillll;!

■|ll

! ;-

7.— rriE.SEXTATION AND F1K8T KEADINa

OF BILL.

When a j)etitioii has been favorahly rejiorted
on by the Committee on Standing Orders, a bill

■tion^of Bill ^^^^^ ^^^ introduced, upon a motion for leave, upon
a Monday, Wednesday or Friday, immediately
before the calling- of the Orders for i^rivate
bills* (preceded, Avhen the same is required by
the Report, by a motion to suspend the Rules).
The bill must be i^repared by the promoters, in
the English and French languages, and printed

Printing, (at their exj ense) by the Parliamentary contrac-
tor ; and 500 copies in English and 200 in French,!
must be deposited in the Private Bill Office,

* 66th Rule, Commons. Members of the Senate exercise
the right of bringing in bills, in that House, without a motion
for leave, in analogy with the practice in the House of Lords.
May, p. 430.

t Formerly, such bills only as related to Lower Canada
were required to be printed in French, but in 1867 this Rule was
made to apply to all bills. The printing of the French version
was occasionally dispensed with in bills concerning some locality
within the Eastern Townships of L. Canada. — St. Francis Bank,
1854-5 ; Eastern Townships Bank, 1854-5.

PRESENTATION OF BILL.

oported

5, a bill

e, upon

'diately

l^riA'ate

irod by

Rules).

)tors, in

printed

contrac-

'rench,t

Office,

! exercise
f a motion
of Lords.

r Canada
3 Rule was
ch version
oe locality
acis Bank,

nd distribution thereof made before the first

jreading.* It is only in the House of Commons,

jhowever, that bills are required to be printed at

his stage, in conformity tc* the Rule adopted in

oT. In the Senate they are printed, as heretc-
"ore, before the second reading.f

The amount of any rates, tolls, fees or fines Rates and
inserted in the bill, must be printed in italics ; J^ ^jJuo^?
these are technically regarded by the House as
blanks, to be iilled uj) by the committee on the
Inll, and are so inserted merely to shew the
amount intended to be proposed. J

When a bill for confirming any letters patent Bills for
or agreement is presented, a true copy of the any ITv^h
same must be attached thereto. § A bill of JgJeeme*nt.
this kind having been referred to the Private
Bill Committee in 1857, they reported that they
could not recommend that it be passed, because
no copy of the letters patent was attached. The
omission was, however, rectified by the House, a
copy of the letters patent being attached to the
bill in committee of the whole, and it finally
eceived the Royal Assent. ||

In 1864, several petitions relating to munici-

* 5Sth Rule, Commons.

t 58th Rule, Senate.

X ^lay, p. 670.

§ 57th Rule.

II Bcsseraer's Patent, 1857.

PRESENTATION OF BILL.

ill I

Provisions
of eoveral
petitions
included in
one bill.

Dilla in-
formally
introduced

Time of
presenta-
tion.

Refercnca
to a stand-
ing com-
mittee, in
Common?.

palities within the same district, having boon
favorably reported on, the provisions of legiski-
tion sought by the different petitioners, were
combined into one bill by the promoters.*

If a bill has been informally or irregularly
introduced (/.e., prior to the presentation of a
petition, or to the lleport of the Standing Orders
Committee on such petition), it may be with-
drawn, with the leave of the House, and a new
l)ill be presented in the proper course. f

Private })ills must be presented within the first
four weeks of the Session ;| — but this period is
generally extended, to correspond with a like
extension in favor of petitions. (See supra, p. 38.)

Every private bill, when read a first time, in
the House of Commons, is referred to the Stand-
ing Committee on Private Bills, tho Standing-
Committee on Banking and Commerce, the
Standing Committee on Railways, Canals, and
Telegraph lines, or some other Standing Com-
mittee of a like nature : and all petitions for or
against the bill§ stand referred to such com-

• Arthabaska and Wolfe Municipalities, 1864.

t Halifax Townships, 1850; Rouville Division, 1859; Chi-
coutimi Municipality, 186.'); Union St. Josepli, Three RiverS;
1865.

X 49th Rule.

§ Petitions in favor of, or ajainst private bills, are not pre-
uented in the House of Commons in the usual way of presenting

PRESENTATION OF BILL.

mittee. No bill,* originating in that House, of
which notice is required to be given under the
51st Rule, can be considered, after such reference,
until after ten clear dayr.' notice of the sitting of
the committee, affixed in the lobby, and appended
also to the Votes. In the case of bills received
from the vSenate, the notice required is two days
only.f Bills not requiring notice under the
51st Kule may be considered at any time after
reference.

This is another of the changes effected in 18G7 :
it was adopted with a ^iew to expedite the pro-
ceedings on private bills, and to enable the com-
mittees to enter at an earlier period upon their
labors, and so avoid the accumulation of business
too often thrust upon them near the close of the
Session. In the Senate, the practice in relation toV
to the reference of bills (which, until that year, mfttee"^
was identical in both Houses), remains as hereto- Senato
fore ; l)ills are not referred until after the second
reading,! and the notice to be given by the
committee is one w^eek, upon l)ills of the Senate,

petitions, but are deposited in the Private Bill Office 5 and all
such as are deposited within a certain time after the second
reading of the bill, stand referred to the committee. May, p. 685.

• 59th Rule, Commons.

t GOth Rule, Commons.

X 59th Rule, Senate.

:lii

ill ':

iii

, 1:

'1; ■'

Divorce
Bills.

PRESENTATION OF BILL.

and 24 hours upon those sent up from the
Commons.*

Divorce Bills (which invariably oiiginate in
the Upper House) are referred (afl r their first
reading in the Commons) to a selected committee,
in place of the Standing Committee on Private
Bills.f The evidence taken before the Senate
(a copy of which is applied for, and communi-
cated, by message) is referred to the committee,
with power to send for persons and papers,
and usually, to hear counsel-i The committee
give two days' notice of their sitting, as in the
case of other private bills.

* 60th Rule, Senate.

t In the British House of Coffimons, they are referred to
" The Select Committee on Divorce Bills.'' May, p. 758.

t Harris' divorce Bill, 1844-5; Beresford's do., 1852-3;
McLean's do., 1858 ; and again in 1859.

fer

ii'ii

llii

ili!

from the

alginate in
r their first
committee,
on Private
the Senate
. communi-
committee,
nd papers,
committee
^, as in the

ire referred
J, p. 758.
do., 1852-3

8.-~PAYMENT OF FEE AND CIIAKaES.

Immediately after the first reading (or, in the Fee pay-
Senate, 2iii<^r i\iQ second reading), and before thej^jj^ja"
consideration of the bill by the committee, the fee *"2'
and all other charges thereon, must be i)aid into
the Private Bill Ofhce . This however a]iplies only
to bills "giving any exclusive privilege, or for any
object of profit, or private, corporate, or individual
advantage ; or for amending, extenduig or en- Limitation
larging anj' former Acts in such manner as to con-
fer additional iwwers." On all such bills a fee of
$100 is levied, and the promoters are charged
with the expense of printing 500 coi)ies of the bill
in English and 200 in French, and of printing 500
copies of the Act in English and 250 in French,
with the Statutes : this last item is subsequently
refunded if the bill should fail to become law.* If
the bill has not been prej)ared in both languages,
it is charged with the cost of translation; and
any additional expense incurred, for re-printing
he bill in an amended form, or for printing sched-

• 58th Rule.

PAYMENT OF FEE.

mi'

ules of tolls or other papers connected therewith,

j-gg pay- i^aust be defrayed by the promoters. The Fee is

Houso° *^°^ payable only in the House in which the bill

only. originates, and the charges for printing are made

in the House in which they may be incurred.

On Divorce Bills (which originate in the Upper

House) the fee of $100 must be deposited in the

hands of the Clerk of the Senate at the time of

presenting the petition.*

Formerly the amount of the Fee charged on
private bills was $60. In 1854-5, the Standing-
Committee of the Assembly on Contingencies re-
ported a recommendation that the amount should
be increased upon all private bills to $200 ; f and
in 1862, the Committee on Private Bills report-
ed! in favor of a scale of fees, adopting the ex-
isting rate ($60) as the minimum, and charging two
rates on bills for raising or expending a sum
amounting to $200,000 and under $400,000,— three
rates when amounting to $400,000 and under
$600,000, and so on in proportion ; — but no action
was taken by the House on either Reiiort.§ In

* 84th Rule, Senate.

t Assembly Journ., 1854-5, p. 358.

t 18th Report of Ccmmittee on Private Bills, L.A., 1862,

§ In the British House of Commons, every bill " for the par
ticular benefit of any person or persons" is deemed a private bill
within the meaning of the Table of Fees ; and a fee is chargefll
at each stage of the proceedings on the petition and bill, of Ilk

PAYMENT OF FEE.

tier e with,
'he Fee is
I the bill
are made
incurred,
he Upper
Led in the
he time of

hiarged on
Standing
vencies re^
ant should
200 ;t and
lills report-
iig the ex-
irging two
i\rr a sum
)00,— three
md under
it no action
port.§ In

, L.A., 1862.

"for the parj

d a private billj

fee is chargof

nd bill, of likd

the codes of Rules adopted by the Senate and
House of Commons in 1867, the amount of the fee
was raised to 5^100.
In a few instances the fee has been refunded Refunding

of fccd»

upon the recommendation of the Private Bill
Committee, on the ground that the bill was aban-
doned by the promoters,* — that it amends an
Act of the i^resent Ses,- on which the fee was
already paid,| — that the fee was paid in the i>re-
rious Session,:}: — that the bill was rendered
necessary by the legislation of the previous Ses-
sion,§ — that there were legal diihculties in the
way of its i)assing,|| — that the bill has been laid
aside, and a general Act substituted,! — or that
the amendments to the charter of a certain

amount ill all cases, except that whoa the amount to be raised or
expended is £50,000 and under £100,000, the i^es payable at
the 1st, 2ud, and 3rd readings (£45 in all) are doubled, — if be-
tween £100,000 and £200,000, they are tripled, — and so on in
proportion. Fees are also paid by the opponents of a bill, on
presenting a petition against it. Bristowe, pp. 135 to 137.

* St. Lawrence Mining o., 1852--3 ; Gait & Guelph Rail-
way, 1866; Toronto and Owen Sound Railway, 1866; North-
west Transpoi -tion Co., 1866 ; Canadian Mutual Life Insurance
Co., 1867-8.

t Guelph iant trust, 1854-5,

t Johnston Estate, 1864.

§ Coyne's relief, 1865.

II Ayr dam and water-course (J, Watson), 1856.

1[ Various bills for admission of attorneys to practise, 1857.
6

62 PAYMENT OF FEE.

company, were rather for the advantage of the
public than of the company.* More frequently
the fee has been refunded without the recom-
mendation of the committee, by a motion to sus-
pend the Rule, though the attempt has not al-
ways been successful. It has been customary
upon the rejection or abandonment of a bill, to
refund the fees, upon a special motion being mad
to that effect in the House, — but one instance ol
a refusal to refund the same having occurred-!
The fees have even, in some instances, been re
funded at a subsequent Session.^
Rccom- III 1863, a recommendation of the Committer

mendation

of commit- on Private Bills, that for the future, no motion foi

tee requir- . . , „ i -n i

«(i. remittmg the iee upon any bill be entertain

ed, except upon the recommendation of th(
committee, § was concurred in by the House
and it has since been generally acted upon.

The Spring Session of 1863 having been brough
to a premature close, before the private businesi
could be completed, such of the bills (on whicl
the fees had been paid) as were re-introduced a
the next Session were exempted from any furthe
payment.!! Arrangements were also made, ii

Proceed-
ings con-
tinued to
another
Session.

* Provincial Insurance Co., 1858 5 U. & L. Canada Brid,
Co., 186^.

t Lake Superio Mining Co., 1852-3.

X Bank of Canada, 1865 (Aug. Ses8.) ; Quebeu Pilots, ib.

§ Assembly Journ., 1863 (Feb. Sess.), p. 210.

II Assembly Journ., 1863 (Aug. Sess.), pp. 91, 93.

PAYMENT OF FEE.

the same Session (Autumn Session of 1863), by

ige of the

which, in case that Session should be suddenly

•

requently

closed, all private and other bills undisposed of

le recom-

at the prorogation should, at the beginning of the

on to sus-

next Session, be at once advanced to the stage at

las not al-

which they had been suspended;* and a like

ustomary.

arrangement was effected in the Spring Session

' a bill, to

ofl865.t

eincT made

nstance ol

• Assembly Journ., 1863, pp. 282, 288.

:)ccurred.t

t Assembly Journ., 18G5 (Jan. Sess.), pp. 22}, 24G.

, been re-

I^ommittee

-r

motion foi

entertain

on of the

le House

ipon.

en brough

to business

(on whicl)

reduced a

any furthe

made, ii

'■

!)aDada firid^r

Pilots, lb.

93.

9.— COMMITTEES ON miVATE BILLS,

AND THEIR POWEES.

It has been already stated that all private bills

before the House of Commons are referred, after

Standing ^^^ ^'^^^^ reading, either to the Standing Committee

committees ^j^ Private Bills, or to that on Banking' and Com-

on private ' ^

bills. merce, or that on Railways, Canals, and Telegraph I
lines, or to some other Standing Committee of a
similar character * These committees are appoint-
ed early in the Session, and continue in existence
imtil its close. t They each consist of a large

* In 1866, the Bill respecting the Bar of Lower Canada was
referred to a select committee.

t This diflTers from the practice in the Imperial Parliament,
where all railway and canal bills before the Commons are refer-
red, after the second reading, to the " General Committee on Rail-
way and Canal Bills," and all other private bills to the " Com-
mittee of Selection." The bills are classified in groups by these
committees, who severally nominate special committees to con-
sider each group, with one of their own memj^ers as chairman.
(May, p. 674.) Each member of the committee on an opposed
bill is required to sign a declaration that his constituents have no
local interest, and that he has no personal interest in the bill, &c.
(/6., p. 682.)

numb

comm

and tl

their J

man.

meml

for ea

a rep(

rum,'

Meml

Ins

by t}^

matte

if it tl

it ba(

Comn

back 1

tageo"

notic(

60th]

• In

elusive

manne;

Comm

reduce

of the

t M

t la

Sess.)

BILLS,

vatQ bills
■red, after
ommittee
md Com-
?elegraph
ittee of a
B appoint-
existence
^ a large

Canada was

Parliament,
ns are refer-
ittee on Rail-
the "Com-
ips by these
1663 to con-
3 chairman,
an opposed
ants have no
the bill, &c.

COMMITTEES ON PRIVATE BILLS. 65

number of members, who are nominated by a
committee of selection (for all standing committees) ,
and the nomination confirmed by the House. At
their first meeting they proceed to elect a chair-
man. The quorum consists of a majority of the
members, though of late years it has been customary
for each committee, after its organization, to make
a report recommending a reduction of the quo-
rum,* which has been concurred in by the House.
Members may be subsequently added by theHouse .
Instructions may be given to these committees
bv the House, concerning particular bills, or other ^pociai

"' ' ° ^ Instruc-

matters.f After referrmg a bill, the House may, tions.
if it think i:)roi:)er, instruct the committee to report
it back before consideration.! The Private Bill
Committee have themselves occasionally reported
back bills which they thought might more advan-
tageously be referred to another committee. § The
notice already given by the committee under the
60th Rule, has generally been declared, m such

* In 1859, and in each subsequent Session (up to 1867, in-
clusive), the quorum of the Private Bill Committee was, in this
manner, reduced to seven members, while that of the Railway
Committee was, in the Sessions between 1857 and 1861 inclusive,
reduced to nine, but has since that time consisted of o majority
of the members.

t May, p. 722,

t Isle J6su3 Roads Co. ; Terrebonne Roads Co., 1863 (Feb.
Ses3.); Napanee River Improvements Co., 1866.

§ Niagara District Bank, 1863.

COMMITTEES ON

cases, sufficient* The Standing Committee on
Special in- Railways was, in 1852-3, instructed to consider the

structioaa. ,. „ i- l^ \ '\^ r

expediency of amcndmg the bill lor empowering
the Great Western Railroad Comr)any to construct
a railroad from Hamilton to Toronto, so as to
authorize them to construct a branch railway from
their line to Port Dalhousie, and they reported the
bill with an additional clause iiroviding for the
said branch.! The committee was again instruc-
ted in 1854-5, to enquire into the expediency of
establishing a branch telegraph in the Parliament
House ; which was subsequently effected, upon
their report.^: In 1863, the Standing Committee
on Banking and Insurance, having under consid-
eration a bill to repeal the Acts incoiporating the
Colonial Bank and certain other Banks that had for-
feited their charters, made a report suggesting that
they be empowered to extend their inquiries to any
other banks in a like position ; and they were in-
structed accordingly. § There are some general
instructions given by Standing Orders of the House,
concerning all private bills, vis. : — to call the atten-
tion of the House to any provision that does not
appear to have been contemplated in the notice,
as reported on by the Committee on Standing

General
Instruc-
tions.

• Assembly Journ., 1863 (Feb. Sess.) p. 176 j 1866, p. 202.
t Assembly Journ., 1852-3, pp. 290, 340.
t Assembly Journ., 1854-5, pp. 177, 197, 229.
§ Assembly Journ,, 1863 (Aug, Seas.), p. 102.

PRIVATE BILLS.

ttee on
ider the
)wering
mstruct
o as to
ay from
rted the

for the
instruc-
eiicy of
liament
i, upon
nmittee

consid-
ting the
had for-
ing that
is to any
rere in-
general
! House,
le atten-
oes not

notice,
tanding

p. 202.

Orders;* — to require proof in every case that the
persons whose names appear in a l)ili for incor-
porating a company are of full age, and in a posi-
tion to effect the objects contemplated, and have
consented to become incorporated.! And in bills
for confirming any letters i^atent, or agreement,
the committee is required to see that there is a true
copy of the same annexed to the bill.| Certain
specific instructions are given by Standing Orders
of the Houses of Lo^is and Commons, to commit-
tees on all Railway Bills,§ the object of which is,
no doubt, to a certain extent attained in this
country by the provisions of the G-eneral Railway
clauses consolidation Act. There are also certain
general instructions on all bills relating to Inclo-
sure and Drainage, Turnpike Roads, Cemeteries
and Gras Works, and Divorce cases. ||

The committee has no power to entertain ques- j^^ ^^^^^
tions in reference to the compUance with the 5ntJ)°2I*ind-
Standing Orders,^ (which pertains solely to the '^s Ordew.
Standing Orders Committee) unless by special
order from the House. This order is only given
when the House, on the report of the Standing

* 64th Rule.

t 62udRule.

t 57th Rule. See also May, pp. 713, 714.

§ Bristowe, p. 23.

II Bristowe, p. 26.

IT Sherwood, p. 46.

COMMITTEES ON

Bill must

Examina-
tion of
witnesses
upon oath.

Orders Committee, allow parties to proceed with
their bill on complying with certain, standing
orders which they had previously neglected.*
In ordinary cases the committee merely inquire
whether the Orders of the House have been com-
plied with ; and in cases where a special report
has been made by the Standing Orders Committee
thrnoUce ^^^ reference to the extent of the notice, it is com-
proved. pared with the powers and privileges conferred
by the bill, and if they apx)ear to exceed the limits
of the notice, the fact is specially rei^orted to the
House .f

The committee has power to send for persons
and papers, and to examine witnesses upon oath,
the expci. es of such witnesses being defrayed
by the parties in whose interest they have been
summoned. Prior to Confederation, the commit-
tees of either House had no x)ower to examine
witnesses upon oath, several attemjots to pass a
law to confer such a power having failed ; I but
in the Session of 1867-8, an Act was passed em-
powering the committee on any private bill, in
either House of Parliament, to examine witnesses
upon oath, to be administered by the chairman
or any member of such committee. §

• May, p. 707.
t 64th Rule.

t Assembly Journ , 1856, pp. 498, 508, 559 j and 1857, pp.
31, 191.

§ 31 Vic, c. 24, sections 2 and 3.

PRIVATE BILLS.

jd with
:anding
lected.*
inquire
en com-
1 report
nmittee
is com-
nferred
e limits
i to the

persons
on oath,
.efrayed
ve been
lommit-
ixainuio
pass a
; t but
sed em-
bill, in
itnesses
lairman

1857, pp.

In all questions arisinff before the committee, Casting

^ ^ voto of

the chairman votes as a member, and whenever chairman*
the voices are equal, he has a second or casting-
vote.* This provision was introduced in the
revised code of Ilules adopted in 1860, and is
expressly limited to committees on i^rivate bills
(including the Standing Committee on Private
Bills, and that on Railways, and any other com-
mittee to whom private bills may be referred):
it is based on Imperial practice.! The Contro-
verted Elections Act of Canada confers the same
power on the chairman of an election commit-
tee .J

Every member present in the committee shoiUd Every
vote on all questions brought up, judging from should vote
the analogy of the practice of the House in this
respect,§ and that of Election Committees under
the provisions of the above mentioned Act, though
in the absence of any express rule or order it
may be questioned whether the committee has
power to compel a member to vote who declines
to do so. II

* 63rd Rule.

t This practice prevails in committees of the Commons on
private bills j but in the Lords' Committees the chairman votes
like any other peer; and if the numbers on a division be equal,
the question is negatived. May, pp. 386, 387.

t Consol. Stat, of Canada, Chap. 7, sec. 89,

§ May, p. 334.

II Frere has some excellent remarks upon this question ; but

COMMITTEES ON PRIVATE BILLS.

Cannot sit The committee cannot sit during the sitting ol

during B\t' ° ^

ting of tho the House ; all proceedings are void after an-
nouncement that the Speaker is in the Chair*
Leave has, however, in two instances, been grant-
ed to the Committee on Private Bills to sit during
the morning sittings of the Legislative Assem-
bly, — once ill 1858,t for one occasion only, and
again, in 1860,:): for the residue of the Session. §

the difference in the constitution of committees on private bills
in the House of Commons, renders these remarks less applicable
to the Standing Committees on private bills in this country.
Frere, p. 75, — and again, on p. 84.

* Sherwood, p. 45.

t Assembly Journ., 1858, p. 058.

t Assembly Journ., 1860, p. 311.

§ By a Standing Order of the House of Commons of Great
Britain, 21st July, 1856, it is ordered "That on Wednesdays
and other morning sittings of the House, all committees shall
have leave to sit, except while the House is at prayers, during
the sitting, and notwithstanding the adjournment of the House."
And to avoid interruption to urgent business before committees,
leave is frequently obtained, on the meeting of the House in the
afternoon, for a committee to sit till 5 o'clock. May, p. 388.

jittiiig or
ifter an-
Chair.*
m grant-
it during
! Assem-
►nly, and
ssion.§

)rivate bills
; applicable
is country.

13 of Great
Wednesdays
littees shall
^ers, during
lie House."
committees,
louse in the
y, p. 388.

10.— niOCEEDINGS IN COxMMITTEE UN

BILL.

At each sitting, a list of the bills which are Order of
ready for consideration is laid before the com- tion.
mittee, in the order of their reference ; and they
are usually taken up in that order, unless it may
be otherwise agreed upon, for the convenience of
parties in attendance. In the case of opposed
bills, it is customary for the parties to come to an
arrangement in the Private Bill Office for the
selection of a particular day for the consideration
of a bill in which they are interested ; and the
bill, in such a case, takes precedence of all other
bills appointed for that day: where no such
arrangement is made, the bill is taken uj) in its
order. It has been stated above, that no bill of jj^^jj^,^
which notice by ad^eitisement is required by 8ive°.Jy^
the Rules, can be considered until due notice has '°.<i^.'*»*'*
been given by the committee.* This notice is

cases.

* This notice consists, in the Commons, of 10 days (affixed
in the Lobby, and appended to the Votes), upon bills origina-
ting in that House, and 2 days upon bills from the Upper
House. (60th Rule, Commons.) In the Senate the notice

72 PROCEEDINGS IN

frequently reduced by the House, towards the
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
dis];>ensed with altogether, ui^on special motion, as
regards particular bills ; | the pro];>riety of this
course, however, has been much questioned, on
the ground of the wrong inflicted on parties who
may desire to oppose any such bill, and for whoso
protection this notice is intended ; and a susx^ension
of the Rule in this behalf is now less frequent, being
made only in urgent cases.

Parties desirous of opposing any bill before a

must ])e one week (affixed in the Lobby) on bills originating in
that House, and 24 hours upon bills from the Commons. (60th
Rule, Senate.)

♦ Assembly Journ., 1857, p. 423; 1858, p. 907; 1859, p.
271; 1860, pp. 232, 311; 1861, p. 216; 1865 (Aug. Sess.),
pp.108, 175; 1866, p. 147.

t 60th Rule.

t Colonial Bank, 1858 ; Oshawa incorporation, 1859 ; Peter-
boro' and Victoria land tax, 1860 ; TiOndon Church land, 1863
(Aug. Sess.), on the recommendation of the committee, at
the request of all parties. And on the 28th May, 1862, the
Rule was suspended altogether for the residue of the Session.
In 1863 (Aug. Sess.) it was suspended with reference to all
bills which had been reported on in the previous Session, which
had c' tsed prematurely.

COMMITTEE ON BILL.

•ds the
but no
re) can
t npon

Stand-
eration
IS been
tion, as
of this
led, on
es who

whoso
)ension
t, being

•efore a

nating in
3. (60th

1859, p.
J. Sess.);.

) ; Peter-
lud, 1863
litlee, at
L862, the
Session.
ce to all
)n, which

committee, either on the preamble or the details, Opponents

^ _ should pre-

present a petition, stating the grounds of their sent a peti-
opposition.* No such petition can be enter-
tained that does not distinctly specify the grounds
on which the petitioners object to the bill or any
of its provisions. The petitioners can only ])c
heard on the grounds so stated, and if the same
are not specilled with sufficient accuracy, the
committee may direct a more specific statement
to be given in writing-, but limited to the grounds
of objection which had been inaccurately speci-
fied.! No i)ctitioners will be heard against the
prea;mble, unless in their petition they pray to be
heard against it.t If no parties, counsel, or ^^'^ ^^i®

^ ^ ^ / appear-

acrent, appear on behalf of a petition when it is auco.

* In the Commons of Great Britain (as has already been
stated) all petitions in favor of, or against, or otherwise relat-
ing to private bills (except the original petition for the bill,
and petitions for additional provisions), aie now presented by
depositing them in the Private Bill Office. Every petition
against a private bill, deposited not later than 10 days after the
first reading, standi referred to the committee. Petitioners
will not be heard before the committee unless their petition
has been prepared and signed in strict conformity with the
rules and orders of the House, and has been deposited within
the time limited, except where they complain of any matter
which may have arisen in committee, or of any proposed
amendment, or additional provision. May, pp. 685, 6S^5.

t May, p. 687.

t Bristowe, p. 28.

„g^^^

Counsel.

To what
extent
members
may act.

PROCEEDINGS IN

read, the opposition of the petitioner is held to be
abandoned.* It is right, however, to state, with
regard to these restrictions, t) at although strictly
spealdng they 'dyy-plj to all opposed bills, they are
never fully enforced by the committee, unless
the circumstances of the case appear to require it.
The i:>romoters of a bill may be heard by
counsel if they desire it.f Petitioners against
the preamble or any of the clauses may be heard
by counsel, if, in their petition, they have pray el
to be heard by themselves, their counsel, or
agent.| Nc member can act as counsel before
the House or before any committee ; nor can any
member of either House act as counsel before the
other House, on ai y bill depending therein,
without special permission : when such permis-
sion is given, it is understood that the gentlemen
who receive it ,rould not be permitted to vote on

* Bristowe, p. 27.

t A Parliamentary Agent appearing before a committee of
the British House of Commons for a private bill (or upon a
petition against a bill containing a prayer to be heard by coun-
sel) is always called on by the committee clerk to hand in the
names of two counsel, though the number of counsel who may
be heard is not limited to these. — Evidence of Q. L. Smith,
Esq., Parliamentary Agent,— appended to the 3rd Report of
the Committee of the House of Commons on Private Bills,
1847. (Ano. to Ques. 948.)

t Stai.ding Orders of British House of Commons relative to
Private Bills, 85.

is held to be
state, with
ough strictly
ills, they are
ittee, unless
to require it.
»e heard by
ners against
lay be heard
have pray el

counsel, or
unsel before

nor can any
?el before the
ling therein,
such pormis-
e gentlemen
?A to vote on

a committee of
bill (or upon a
i heard by couii-
k to hand in the
counsel who may
of G. L. Smith,
e 3rd Report of
n Private Bills,

imons relative to

COMMITTEE ON BILL.

such bill, if it should be received by the House
of which they are mem])ers.'*'- This permission
has in a few instances been given to members of
ihe Assembly,! — and once only to a member of
the Legislative Council.^

A filled uj) co])Y of the bill, containing the Fuicd up
amendments proposed to l^e sulnnitted ])y the bui to be
promoters, must bo deposited in the Private Bill ^ ^ '
Office, one clear day before the consideration of
the bill.§ All parties x^etitioning against the
bill are entitled to obtain a copy of the j^roposed
amendments, one day before the consideration of
the bill. II

In the case of the Quebec Marino Insurance Amciia-

. - . . - meats by

Co. m I8O0 vlan. bess ), a petition was iirescnied, promoters
on the part of th(^ company, for leave to amend
their ])ill in a matter not ccutomplated by the

* May, p. :'SS.

t Lea\e was granted l)y the Legislative Assembly to the
Hon. T. C. Aylwin, in the session of 1844-5, to appear at the
Bar of ihe Legislative Council on the Naturalization Bill
(Doiiegani's),— and to Messrs. Ross and Cauchon, in 1850, on
the Dorchester Bridge Bill. Assembly Journ., 1844-5, p. 408 5
1850, p. 201.

X Leave was granted by the Legislative Council, in 1843,
to the Hon. Mr. Draper, to appear at the Bar of the Legislative
Assembly as Counsel on the bill relating to the University of
Toronto. Council Journ., 1843, p. 104.

§ Glstilule.

II May, p, 682.

Preamlle
rca^l.

PROCEEDINGS IN

notice, and the Standing Orders Committee re-
ported favorably on the petition, on the ground
that the sanction of the shareholders to the
amendment had been obtained. A like course
was taken in regard to the Montreal Corj^oration
bill, in the autumn Session of the same year.

When the committee are about to j)roceed to
the consideration of a private bill, the i)arties are
called in, and the preamble is read; this being
different from the practice in regard to public
bills, the preamble of which is postponed until
after the consideration of the clauses.* (In-
stances may, however, arise, in which the com-
mittee may feel it desirable that they should
reserve their judgment upon the preamble until
certain details of the bill have been settled : in
such a case they postpone the preamble until
after the consideration of the clauses ; but this is
of very rare occurrence.) The petitions against
the bill are then read, and appearances entered

* This course is adopted in regard to public bills, because
they are founded on leasons of state policy, and the House
having aflirmed the principle on the second reading, it beconaes
the duty of the committee not to discuss the principle again
upon tiie preamble, but to settle the clauses first, and then to
consider the preamble in reference to the clauses only. (May,
p. AGS.) But the expediency of a private bill being mainly
founded on the allegations of fact (contained in the preamble)
proof of such allegations is necessary, as a proper basis of
legislation, fjb. p, 718.)

mittee re-
e ground
rs to the
ve course
)ri)oratioii
year.
)roceed to
)arties are
his beino'
to public
lied until
'^s* (111-
tlic com-
y should
nble until
ettled: in
ible until
but this is
LS against
s entered

ills, because
the House
r, it becomes
nciple again
and then to
)nly. (May,
eing mainly
le preamble)
rjer basis of

COMMITTEE ON BILL.

upon each petition with which the parties intend
to proceed.*

The promoters (or their counsel) first staLo their Promoters
case on the x^reamble, and then (if required) pro-
ceed to call witnesses, and to examine them. At
the conclusion of this examination, when the coun-
sel or agent for any petitioner rises to cross-examine
a witness, is the proper time for taking ol^jections
to the locus standi of such petitioner.! It is neces- Locui atan-
sary that a petitioner should state the manner in tioners! ''
which his interest is affected, in order that he may
obtain a locus standi at all in opposition to the
measure ; but the grounds of objection to the bill
on which he may be heard in support of such
opposition, are not confined to those arising imme-
diately out of his private interests.^

If the committee decide in favor of his locus
standi, he may address the committee, and produce
his witnesses, and they in their turn are cross-ex-
amined by the counsel for the promoters, who has
the right to reply. § The committee may, if they
please, hear x)etitioiiers against a bill on the ground

* May, p. 71G.

t Petitioners are said to have no locus standi before a com-
mittee, when their property or interests are not directly and
specially affected by the bill, or when, for other reasons, thoy are
not entitled to oppose it. May, p, GOO.

t Frere, p. 32.

§ Briatjwc, p, 28.

.-^MglBS-

PROCEEDIN' S IN

Petitioners ot' Competition ;* but shareiiulders _of| a company
agains a pj.Qjj^Qj- jjjg ^ }j j^ ^TG not heard in opposition unless

their interest be distinct from that of the com-
pany.!

A petitioner whose interest is affected only by
particular clauses in the bill, which are immaterial
to the main objects of the measure, and are not
referred to in the preamble, would have no right
to be heard against the i)reamble, but only against
such clauses .J
Members If the attendance of a member of the House be

required as . ■, ., ,■, • p -i

mtaessea. required as a witness, the proper course is lor the
chairman to write to the member requesting his
attendance ; if he refuse to attend, the fact is re-
ported to the House, in order that they may take
such stops in the matter as they see iit.§

A witness has a right to claim that his expenses
be paid or guaranteed, before his examination. A
witness cannot correct his evidence, except by a
subsequent examination. ||

Expenses
of vit-
nesses.

* May, p. 695

t May, p. G99.

t Frerc, p. 33.

§ Freie, p. 70. A Peer of Parliameut cannot be compelled
to attend a committee of the Commons, but if he attend volun-
I uily, it is not necessary that a message be sent to the Lords
rei[uesting his attendance, as is the case in committees on public
matiers. lb., p. 71.

!l Frere, p. 72.

anpany
1 unless
e com-

»iily by
naterial
are not
right
against

)use be
for the
ng his
t is re-
Ly take

:penses
on. A
t by a

COMMITTEE ON BILL.

AVhen counsel are addressinj? the committee, or Room

_ . cleared for

while Witnesses are under examination, the com- discussion.
mittee room is an open court ; but when the com-
mittee are about to deliberate, all the counsel,
agents, witnesses, and strangers are ordered to
withdraw, and the committee sit with closed doors.
When they have decided any question, the doors
are again ox'jened, and the chairman acquaints the
parties with the determination of the committee,
if it concern them.*

Members of the House who are not on the Right of
committee, have a right to be present during the of the
examination of witnesses, but not to interfere m be present,
the proceedings.! It is doubtful how far the
committee has a rii>'ht to exclude them from the
room when cleared for discussion, but it is always
customary for them to retire.

If any member insist on his right to remain, a member
against the wish of the committee, their only amination.
course is to report the circumstances of tne case
to the House. J If a member of the House be
under examination as a witness, and the matter
under consideration shall have aricen out of his

)mpenecl
d volun-
e Lords
n public

• May, p. 715.

t By a Standing Order of the House of Lords, all Peers are
entitled to atten'^' the select committees of that House, and iliey
are not excluded frona speaking (though they be not of the ' om-
mittee), but they may not vote. May, p. 332.

t Frere, p. 74:.

PROCEEDINGS IN

Question
put OD pre-
amble.

rrcamble
not proved.

evidence, the right of the committee to exclude
him from the room during the discussion, is less
doubtful* •

"When the arguments and evidence upon the
preamble have been heard, the room is cleared,
and a question is jnit " That the preamble has
been proved," which is resolved in the affirmative
or the negative, as the case may be : f — If iii the
negative, the committee report to the House
" That the preamble has not been proved to their
satisfaction." After this decision, it is not com-
i;)etent for the committee to re-consider and re-
verse it, but the bill should (if necessary) be
re-committed for that x)urx)ose.|

In the Imperial Parliament, the committee are

* The India Judicature Committee (House of Commons), in
1782, having cleared the room to deliberate on the refusal of
Mr. Barwell to answer certain questions, he insisted on his priv-
ilege, as a Member of the House, of being present during the
debate. The committee objected that as a party concerned in
the matter under discussion, he had no right to be present. Mr.
Barwell still persisting in his right, two members attended the
Spenlter, and returned with his ()| Inion that Mr. Barwell had no
light to insist upon being present during the debate, upon which
he withdrew. The House subse([uently ordered "Tint when
any matter shall arise on which the said committee wish to
debate, it shall be at tlieir discretion to require every person not
being a member of the committee to withdraw." May, p. 382.

t May, p. 720.

t May, p. 722.

COMMITTEE ON BILL.

81'

excludo
11, is less-

ipon the

cleared,

tible has

irmative

ff in the

House

to their

lot com-

and re-

ary) be

ittee are

inmons), in
i refusal of
)n his priv-
during the
ncerned in
sent. Mr.
tended the
ell had no
pon which
"h'lt when
e wish to
)crson not
y, p. 382.

not required to assign any reasons for thus de- Roasona
ciding agamst the further jirogress of the bilJ,
though the necessity for such information, to en-
able the House to determine upon their rei>ort, is
obvious.* A different course prevails in Canada,
the committee being required to state in their re-
portf the grounds of their decision. Of these
may be instanced, — That no evidence was offered
in favor of the preamble, I — Insufficient informa-
tion or contrary evidence, § — No proof (in the
petition or otherwise) of consent of the p; rties in-
terested, II — No proof that the majority of those
whose interests would be affected are in favor of
the scheme,! — That the petitioners against the
measure are as numerous as those in its favor,**
or are more numerous,!! — That there is great

• Alf)heu3 Todd's Report on Private Bills, 1^4.1.

f GGthRule.

I River du Chene, 1852-3; Gatien estate, 1857.

§ Small's Pickering road allowance, 1852-3; Clarke Sur-
vey, 1857; Notre Dame du Portage Municipality, 1859 ; Onslow
Survey, 18G2.

'I Bill to incorporate the Benevolent Societies of tin; ^Y^;S-
leyan Church, 1850; Guelph and Welling'on Roads Co., 1859;
Russel Estate, 18G5.

IF Hull Presbyterian Church, 135G; Quebec limits exten-
sion, 1800; Lennox and Addington separation, 1860.

** Whitby division, 1857 ; Stanbridgc division, 18GG.

tt Grey and Simcoe division, 1857 ; Bolton incorporation,
1858 ; Durham School section, 1859; Berlin town limits, 18G5.

PEOCEEDINGS IN

diflerenco of opinion in the locality affected, as to
Preamble the expediency of the measure,* — That the state-
no P'^^^'*'* jjjgj^^ q£ facts set forth in the i^reamble has been
disproved,! — That legislative interference is not
desirable or necessary,^ — That it Avould inter-
fere with law-suits pending, § or with existing
rights, II — That the powers sought for would not
advance the interests of the locality,T[ — That the
bill provides for an extension of the powers of a
certain company to purposes entirely foreign to
its original charter,** — That it contains most un-
usual in-o visions, ft — That a certain survey

* Ayr incorporation, 1857} ^Halifax townsliip, 18G0; Clif-
ton division, 18GG.

t Barton road allowance, 1852-3.

t East Hawkesbury survey, 185G j Clarke survey, 185G;
Van Norman estate, 1857; Delaware survey, 1857; York and
Peel separation, 1861 ; Quebec Stevedores incorporation, 18G1;
Augusta Municipalities' Fund, 18G2; Bruce county town, 18G1;
Bayham by-law, 18G5, and 18GG ; Montreal Licensed Victuallers,
1SG5.

§ Challiani survey, 1858; Peel county town, 1859; Rich-
mond Street (London) boundary line, 18G1 ; Peterboro' and
Port Hope Railway, 1862.

II North-western Railway, 1856 ; Clifton suspension bridge,
1858; Burford survey, 18G0; Hope survey, 1860; Etchemin
bridge, 1862 ; Renfrew division, 1863.

IT St. Lawrence and Bay Chaleurs^Land and Lumber Co., 1858.

** St. Clair and Rondeau Plank Road Co. amendment, 1857.

tt Metropolitan Ga3 and Water Co., 1857; Richelieu Com-
pany, 1862.

COMMITTEE ON BILL.

jtcd, as to
the state-
has been
ice is not
Lild iiitor-
L existing
voukl not
-That the
wcrs of a
foreign to
i most nn-
i survey

18G0; Clif.

i-vey, 185G;

York and

ation, 1861;

own, 18G1;

Victunllers,

859; Rich-
erboro' anJ

uon bridge,
; Etcliemia

r Co., 1858,
ment, 1857.
lelicu Com-

which is sought to be confirmed was not made in
conformity with the provisions of the law, * — Preamble
That the iilled-up bill submitted to the committee °^*P'"^'^
diflerod materially from the prmted bill as origin-
ally referred to them, and was not in accordance
with the petition,! — or, That it is in the power
of the Ex<^cutive Government to carry into effect
the objects com 'm^dated by the bill,| or the
Court of Chancery (in a bill affecting the interests
of minors).^ In one instance, in 1857, the com-
mittee reported, with reference to the bill to in-
corporate the St. Lawrence and Bay Chaleurs
Land and Lumber Co., that although they could
not say -the preamble was not proved, yet they
could not recommend the passing of the bill, its
promoters being foreigners, residing out of the
Province.

If, upon the report of the committee concerning Committee
a certain bill, that the joreamble is not proved, quirea to
the House be not satisfied with the reasons as- dence
signed in the report, the committee are directed to g^dod
report the reasons or evidence which guided them l^!iV^„'*°"
in their decision ; and these, when reported, have
generally satisfied the House, so that the bill has

* Beverly survey, 1864,
t Toronto Esplanade, 1854-5.

t Bill to vest in J. Carling and others, a portion of Church
Street, London, 1852-3.
§ Watson's Ayr Mill-dam, 1856.

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PROCEEDINGS IN

amend
imont

Bill may proceeded no further.* If it should appear from
back for the report, that the objection to the bill was not
so much against the principle as against certain
details, the committee may be instructed to
amend the bill by striking out the objectionable
provision?, and report the same as amended. i
In one instance, however, they reported that a
majority against the preamble had been obtained
throuft'h one member ha^dncr voted a^'ainst it in-
advertently ; and the instruction of the House
having afforded him an opportunity of correcting
his vote, he had done so, and this having given
a majority in favor of the preamble, the committee
reported the bill.J In other cases, the commit-
tee having been directed to report the evidence
on which iheir adverse decision was founded, re-
ported the same, and it was referred to a commit,
tee of the whole, with the bill, and the bill was
reported and passed.^

It is in the po-'ver of the committee to make
alterations in the preamble, || either by striking
out or modifying such allegations as may not have

Alterations
in pream-
ble.

* Cornwall By-law, 1856; Metropolitan Gas and Water Co.,
1857 ; St. Lawrence and B&y Chaleura Land Co., 1358 ; Peter*
boro' and Port Hope Railway, 1862.

t Richelieu Company, 1862.

t Three Rivers diocese church-rate, 1852-3.

§ Clarke survey, 1857 ; Bruce County town, 1864.

II May, p. 723.

COMMITTEE OX BILL.

ear from
\Yas not
t certain
icted to
:;tionable
lended.i
id that a
obtained
list it in-
e House
Drrecting
ng given
)mniittee
commit-
evidence
iided, re-
comm^t-
bill was

to make

striking

not have

Water Co.,
!58; Peter-

been substantiated to their satisfaction, or by ex-
punging such as the promoters may be desirous inp?eamb°o
of withdrawing ; * but no now allegations or
provisions ought to be inserted, either in the pre-
amble or the bill, excepting such as are covered
])y the petition and the notice, as proved before
the Standing Orders Committee, — unless the par-
ties have received permission from the House to
introduce such additional provisions, in com-
pliance with a petition for leave. f Every ma-
terial alteration in the preamble must be specially
reported to the House, with the reasons therefor.;):
Such alterations have almost invariably hitherto
been of a nature to Imiit or reduce the jiowers
X:>ropoFed to be conferred by the bill.§ An ex-
ception was made, however, in the case of a bill
for the relief of the Ministers of a certain religious
denomination in JViontreal, in 1857, || — the pre-
amble and provisions of which were amended so
as to apj)ly to all ministers of that denomination
in Lower Canada; and it was passed in the

• Sherwood, p. 53.

f May, p. 721. See also 64th Rule.

t 65th Rule.

§ St. Hyacinthe incorporation, 1852-3 ; Upper Canada
Mining Co., 1852-3; Toronto Bank, 1854-5; Frelighaburg
Grammar School, 1857; St. Gabriel deValcartier division, 1861;
Renfrew By-law, 1863.

II Bill for relief of Ministers of the Church of the " Countess

of Huntingdon's Connexion" at Montreal, 1857.
8

PROCEEDINGS IN

" Previous
Question"
cannot bo
put.

Preamble
proved.

Proceed-
ings on
clauses.

amended form. (But see the remarks as to the
limitation of the power of the committee to make
amendments, on p. 91.)

It is a rule of Parliamentary practice, that the
" previous question" cannot be put in committees,
/. e., that if the question were proposed that the
preamble is proved, it is not competent for a
member to propose the previoTis question " that
that question be noiv put," for the purpose of
voting against it. The same rule applies, of
course, to the clauses, and to any amendments
X^roposed.*

When the committee have decided that the
preamble has been proved, they call in the parties,
acquaint them vrith the decision, and then go
through the bill, clause by clause, and fill up the
blanks ; and when petitions have been presented
against a clause, or proposing amendments, or for
compensation, the parties are heard in support of
their objections, or amendments, or claims, as
they arise. Clauses may be postponed, and con-
sidered at a later period in the proceedings, if the
committee think fit ; or clauses which the parties
have agreed to insert in the bill may, if neces-
sary, be produced before the comndttee decide
on the preamble.! Manuscript clauses are con-

* May» PP- 364, 473 ; Frere. p. 49.
t May, p. 720 : Bristowe, p. 29.

COMMITTEE OX BILL.

5 to the
o make

hat the
nittees,
hat the
t for a
L "that
pose of
lies, of
dments

:hat the

parties,

hen go

up the

esented

s, or for

)port of

ims, as

lid con-

s, if the

parties

neces-

decide

ire con-

sidered after those printed in the bill, first those

proposed by the promoters, and afterwards snch

as may be proposed by the opponents of the bill.*

If any unusual provisions are found in the bill, Unusual

or :.iiy that do not appear to have been contem- P'"°'"^"*"'-

plated in the notice, special mention is to be made

of them in the report. f

In the case of any bill sent down from the Evidence
Senate, the committee, if they have not sufficient fr°om* ^
evidence before them, can direct their chairman ^®°***'
to move in the House that a message be sent to
their Honors, requesting that the proofs and evi-
dence on whicli the bill was founded may be
communicated ; and these, when sent down, are
referred to the committee. J;

In filling up the blanks in the bill, the commit- Rates of

, • 1 J. ■ J. J 1 • 1 toll or fees.

tee are required to insert the maximum rates
of toll, fees, or other charges to be imposed un-
der its provisions, which are printed in the bill
in italics, for the information of the House, but
are technically regarded as blanks. § A prac-
tice obtained occasionally, for some years, of re-
quiring the rates of toll proposed to be inserted in

* Frere, pp. 54, 61.

t Montreal Building Society ; Montreal Gas Co. j Toronto
Dry Dock ; various Mining Bills : all in 1847. See also 64th Rule.

t Counters stove patent, 1850; Niagara and Detroit R'vers
Railroad, 1859; Quebec Tilots, 1860.

§ May, p. 070.

PROCEEDINGS IN

Rates of
toll, Ac

Harbour, Bridge, or Canal Bills, to be first sanc-
tioned in a committee of the whole, and after-
wards referred to the committee on the bill for
insertion therein. This appears to have been the
usral course prior to the Union, but upon the
ado ,ition of a system of Private Bill legislation, it
was discontmued. In the Session of 1852-3, this
practice was resorted to in a bill to incorporate
the Port Burw^ell Harbour Company* and was
subsequently observed in several instances ;
though it was always the exception rather than
the rule. The inconvenience of this practice is
most evident, as it is manifest that the committee
of the whole can, at that early stage of the bill,
have no sufficient evidence to guide them in es-
tablishing the rates of toll ; while on the other
hand, the committee on the bill have it in their
jpower to procure all necessary information : when
they report the amended bill, it is referred (after
the second reading) to a committee of the whole,
and an opportunity afforded to the House of ex-
ercising its judgment in the matter. Moreover
tolls of this kind are imposed only upon such per-
sons as mij voluntarily use the works to be con-
structed under the authority of the bill, as a fair
equivalent for a service rendered, and are thus
altogether different in their character from a com-

* i^£semb]y Jouin., 1852-3, pp. 2G9, 285.

COMMITTF.E OX BILL.

it sanc-

I after-
bill for
len the
)on the
tion, it
-3, this
rporate
id was
:aiices ;
E>r than
ctice is
imittee
tie bill,
n ill cs-
e other

II their
: when
I (after

whole,
3 of ex-
^reoyer
ch per-
be con-
.s a fair
re thus

a com-

pulsory rate, duty, or charge upon the people, Rates of
which should undoubtedly originate in a commit-
tee of the whole.* Furthermore, while the rule,
AS regards rates, duties, etc., inserted in public
bills, is strictly observed in the Imperial Parlia-
ment, all private bills are exemi^t from its opera-
tion, including even those under which a local
rate is proposed to be levied for a local work.f
In 1862, the Committee on Private Bills i^resented
a report, recommending that the exceptional
practice referred to bo discontinued,! and the
recommendation has since been generally acted
upon.

The amendments made by the committee are Amend-
written upon a printed copy of the bill, which is ported to*
signed by the chairman, who also signs, with his * ® '^"^**

* Three Rivers Diocese Church Rate, 1852-3.

t In 1833, a committee of the Commons (G. B.), appointed
to examine into precedents in connection with this subject re-
ported "that the general spirit of the Standing Orders and Reso-
" lutions of the House, requires that every proposition to impose
''a burthen or charge on any class or portion of the people,
'^ should receive its first discussion in a committee of the whole
" House. The only exception from this rule is with regard to
" tolls, rates, or duties proposed to be levied on the subject in
*' particular places for any local work ; and in such cases it is
" directed that no bill be ordered to be brought in till the peti-
" tion for it has been referred to a committee, and they have ex-
" amined the matter thereof, and reported the same to the
*' House." May (edition of 1844), p. 275.

X 18th Rep. of Cora, on Private Bills, L. A., 18G2.

PROCEEDINGS IN

Amend-
ments re-
ported to
thj House

Iji^

initials, each amendment made, and clause added,
and another copy of the bill as amended is fyled
in the Private Bill Office.* The committee, in
reporting the bill, call the attention of the House
to any provision that does not appear to have
been contemplated in the notice,! or to any pro-
vision of an unusual character,! and if they have
amended the bill in such a manner as to confine
its provisions within the terms of the notice, § or
otherwise to restrict the same, || it is usually
mentioned in the report. It is customary also to
make special mention of any amendment of a
peculiar or unusual character, as, changing the
name of a proposed corporation,^ — extending
the limits of a township proposed to be erect-
ed,** — or materially altering certain arrange-
ments provided for by the bilLff In 1858, the

* 67th Rule.

f G4th Rule. See also Three Rivers Corporation, 1864.

t Quebec Pilots' Corporation, 1866.

§ Middlesex debt, 1854-5.

II Toronto and Goderich Railway, 1851 ; London debt,
1856 ; Martin's Saltfleet road allowance, 1856 ; Fitzroy Survey,
1863.

IF Canadian Life and Fire Insurance Co., 1856 j Colonial
Bank, 1856.

*• Franklin Township, 1857.

tt London town lot (Agricultural Societies), 1856 ; Crow-
land Survey, 1862 ; Bellelsle's relief, 1863 ; Foley's admi33ion
as Barrister, 1864.

e added,
is fyled
ittee, in
c HouiSo
to have
any pro-
.ey have
> confine
tice,§ or
usually
y also to
ent of a
>'ing the
[tending-
be erect-
arrange-
858, the

18G4.

idon debt,
oy Survey,

; Colonial

56 ; Crow-
admission

COMMITTEE ON BILL.

committee reported a bill to detach certain lots hi
the township of Barton f';om the city of Hamilton, amon'd-
which they had so amended as to provide for ™""'«-
continuing the lots in question within the limits
of the city at a limited rate of taxation ; they also
reported a bill to provide for the separation of the
Counties of Durham and Northumberland,
amended in such a manner as to leave the ques-
tion of separation, &c., to the decision of the
reeves and deputy reeves of the County of Dur-
ham. In 1864, they amended a bill to erect the
Local Municipality of St. Colombe mto a County
Municipality, in such a w^ay as merely to extend
the powers of the said municipality in regard to
the issuing of tavern and shop licences.

The power of the committee to make amend- Limitation
ments is, how^ever, limited ; care must be taken to make
in preparing them, that they involve no infrac- m'entV
tion of the Standing Orders, and are not ex-
cessive.* No new provisions may be intro-

* May, p. 681. Questions have frequently arisen (in the
Imperial House of Commons) as to the right of a committee on
a Railway Bill to alter the plan, which under the Standing Or-
ders is required to be deposited in the Private Bill OflBce. The
rules and practice of Parliament recognize this power, but the
committee, before adopting any deviation from the line delinea-
ted on the plan, require proof of the consent of the owners or
occupiers through whose property the proposed deviation will
paas. Sherwood, p. 57.

PROCEEDINGS IN

Material

: lit!

! i

! I

duced by which tho interest of i^arties who are
not suitors to the bill, or petitioners before tho
committee, can be affected, without due notico
having been given to such parties.* If the com-
alterations, mittce cousidcr a moterial alteration desirable in
a particular bill (of such a nature as appears to ex-
ceed their powers), they report the bill, and suggest
such alterations as may meet the supposed neces-
sity.! Ill 1852-3, a bill to incorporate the Mutual
Insurance Association for the Fabriques of tho
Diocese of Quebec, was reported, with a recom-
mendation that the principle should be extended
to each Diocese in Lower Canada ; and the bill
was amended accordingly, and passed. In 1860.
in reporting on a bill to incorj^orate the Annuity
and Guarantee Funds Society of the Bank of
Montreal, the committee expressed their opinion
that it was advisable to make it a general measure,
applicable to any other Hank and its employ(?s.
The suggestion was not, however, adopted by
the House, and the bill was proceeded with and
passed, as a private bill. In some cases, where
the committee have considered an amendment of
the general law preferable to the passage of pri-

* Fiere, p. G4.

t B, N. American Mining Co., 1847; Bill to remove the
Registry Office for the County of Terrebonne, 1847. In this
last mentionefl case, a division of the county for registration
purposes was suggested, instead of a removal.

COMMITTEE ON BILL.

who are

fore the
le notice
the com-
ijirable iu
!ars to ex-
d suggef^t
ed neces-
e Mutual
es of the
, a recom-
extended
d the bill

In 1860.
I Annuity

Bank of
ir opinion
[ measure,
employ(?s.
lopted by
with and
3s, where
idment of
^e of pri-

I remove the

i7. In this

registration

vate acts, they have made a special rei)ort to that
effect, and (occasionally) postponed the considera-
tion of the bills to which it had reference, to af-
ford an opportunity for the action of the House in
the matter ;* or, in other cases, they have ex-
punged certain provisions, and recommended an
amendment of the general law^n these respects. f
In 1867-8 (after Confederation), the question ofQicsion
jurisdiction having been raised before them wdth tior.
regard to certain hills, they in one case J solicited
an instruction from the House, which, not being
given, the bill was not proceeded with : in two
other cases § they amended the bills and reported
them, calling attention, in their report, to the
doubts raised ; one of these bills was subse-
quently proceeded with, and the other abandoned.
(See Chapter on " Legislative Jurisdiction," ante.)
The committee have nothing to do with the title of
the bill, which is only agreed to by the House
after the third reading, ||

* Various bills for the admission of English attorneys to
practise in Canada ; also various bills for incorporating Mining
Companies, 1854-5. (No action was taken on the reports, and the
consideration of the bills being subsequently resumed, they were
reported and passed.) Joliette incorporation, 18G3.

t Kingsey Falls Municipality, 1864 ; DeLery Gold Mining
Co., 1865; Quebec Corporation, 1865.

t Civil Service Building Society, 1867-8.

§ Stratford Board of Trade, and Canada Live Stock Insur-
ance Co., 1867-8.

II Frere, p. 66.

PROCEEDINGS IN

Abandon-
ment of a

Power to Power may be ffiven to the committee by the

divide or .

to consoii- House to divide a bill into two bills, or to consoli-
date two bills referred to them into one.* This
last has sometimes been done by the committee,
without a special Instruction.!

Every V)ill referred io the committee must be

bill by its reporteil.t If the promoters of any bill inform

promoters. x -i a j

the committee that they do not desire to proceed
further with it, the fact is reported to the House, §
and the bill will be ordered to be withdrawn ;||
or if any other parties before the committee,
either as petitioners or opponents of the bill, desire
to proceed with it, the committee may permit
them to do so.l In 1867-8, the Committee on
Banking and Commerce reported, with regard to
9, bill to incorporate the Canadian Mutual Life
Insurance Co., that the principle of mutual life

• Frere, p. G5.

t St. Albert de Vv''arwick Municipality, 1863. (In 1864 several
petitions relating to municipalities in Arthabaska and "Wolfe,
were combined into one bill by the promoters.)

t 65th Rule.

§ St. Lawrence Mining Co., 1852-3; Ottawa Water Works,
1866; Gait and Guelph Railway, 1866; Toronto and Owen
Sound Railway, 1866 ; North-west Transportation Co., 1866.

il May, p. 726.

IT The Manchester and Salford improvement Bill, in 1828,
was abandoned in committee by its original promoters ; when its
opponents, having succeeded in introducing certain amendments,
undertook to solicit its further progress. May, p. 633. (Note.)

?e by the
o consoli-
e.* This
jmmittee,

must 1)0
U inform
proceed
e House, §
hdrawn :||
ommittee,
)ill, desire
ay permit
mi t tee on

regard to
itual Life
utual life

1 864 several
I and Wolfe,

ater Works,
) and Owen
;o., 1866.

iill, in 1828,
jrs ; when its
amendments,
33. (Note.)

COMMITTEE ON BILL. 95

iiisur.Mice being new to this country, they could
not recommend its adoption unless a paid up
liuarantee capital of at least ^50,000 was pro-
vided ; and as the promoters were not prepared
to do this, they had al>andoned the ])ill.
A bill, after it has been reported, may be referred Bin may b*

'' referred

hack to the same committee,'*' or to some other back,
committee! but this is very rarely done.

The evidence taken by the committee is not Evidence
gonerally reported to the House, except in those ed, without
cases where a special order to that effect may be
made ; :j: it is entered in a book, with the minutes
of the proceedings of the committee, and kei)t in
the Private Bill Office; but in some instances the
committee have rei)orted their proceedings with-
out an order being made.§

If the amendments made by the committee are so BiUmay be

ro-printed.

important or extensive as to render it necessary that
it should be reprinted before its consideration by the
House, this is done at the expense of the promoters.||

* Maskinonge Common, 1852-3 ; Strathroy and Port Frank
Railway, 1857 ; Streetsville incorporation, 1858 ; Lindsay Re-
serve, 1859; Hamilton debt, 1863 (Aug. Scss.); St, Colombe
Municipality, and other bills, 1864.

t Canadian Land and Emigration Co., 1865 (Jan. Sess.) ;
Ashley's naturalization, ib.

t Great Southern Railway, 1857. See also supra, p. 83.

§ Buffalo and Lake Huron Railway, 1856; Grand Trunk
Railway, 1862 ; Montreal and Champlain Railroad, 1864.

II This is required in all cases, in the Imperial Parliament, '

when the bill is amended. May, p. 728,

Time for

reports

limited.

PROCEEDINGS IN COMMITTEE.

The 49th Rule, ^A^hile it Hmits the imie for re-
ceiving petitions and private bills, respectively,
also provides that no report of any standing or
select committee ■ai)on.a private bill be received
after the first six weeks, but this i^eriod is in-
variably extended until nearly the close of the
Session.

ne for ly-
pectively,
Hiding or
J received
•iod is in-
►se of the

ll.-SECOND READINa OF BILL.

By the 66th Hule of the House of Commons,
'Jl priw te bills rex)orted from a standing com- Jec'^n/'^'^
mittee are placed on the Orders of the Day "a^ing.
following the reception of the report,^ for a
second reading, next after bills referred to a com-
mittee of the whole House, — though they are
usually taken up only on "Private Bill" days; the
only exception being in the case of bills on v^hich
the committee have reported the preamble not
proven, which are not placed on the Orders of
the Day at all, unless by special order of the
House.

Tne second reading corresponds with the same PHncipia
stage in other bills, and in agreeing to it the armed X
House affirms the principle of the measure.f ^^^^ stage.
There is an important distinction between public

* In 1861, and in several subsequent Sessions, the commit-
tee, in reporting certain bills at a late period of the Session, re-
commended that they be placed on ** the Orders of this day,"
which was done accordingly. Assembly Journ., ISGl, p. 293,
&c., &c.

t May, p. 456.
9

SECOND READING OF BILL.

Recent
change.

and private bills at this stage of the proceedings ;
a public bill being founded on reasons of i)ublic
policy, the House, in agreeing to its second read-
ing, accepts and affirms those reasons; but the
expediency of a private bill is mainly founded
upon allegations of fact, to be proved before a
committee. It was formerly the practice, in each
House, to refer the bill after the second reading ;
the affirmation of the principle of the bill, there-
fore, was necessary conditional, being contingent
upon satisfactory proof being made of the allega-
tions of the preamble. In 1867, the House of
Commons changed their liule in this respect, and
provided for a reference of the bill after the^^rs^
reading,"' — the second reading being postponed
until after the committee had reported. By this
arrangement the House is put in possession, before
the second reading, of the facts of the case, and is
therefore in a position to deal with the bill upon
its merits. This change has not been adopted as
yet, by the Senate, and bills before that House are
referred, as heretofore, after the second reading, f
The usual time for counsel to be heard at the
Counsel, "g^^ q£ ^^q Housc ui)on a bill {pro or con) is at the
second reading ; but opposition has rarely been
offered, hitherto, at this stage, unless upon
the assumi^tion that the princii)le of the proposed

Hearing of

* 59th Rule, Commons,
t 59th Rule, Senate.

eedinffs ;
'f public
nd read-
but the
founded
before a
, in each
readini? •
11, there-
ntingent
le allega-
House of
3ect, and
' the first
:)stponed
By this
n, before
se, and is
Dill upon
.opted as
[ouse are
eading.f
I'd at the
is at the
jly been
ss upon
proposed

SECO^D READING OF BILL.

measure was objectionable on grounds of x:>ublic
policy.* Upon four occasions only, in Canada,
has counsel been heard at the Bar against the
second reading of private bills. f In one in-
stance, J the House resolved (upon joetitions from
the parties) to hear counsel, for and against the bill,
upon the question for going into committee of the
whole thereon : this having been (under the ar-
rangements then in force) the first opportunity
afforded for the action of the House after the re-
port of the committee, corresi^onded, in point of
fact (as regarded the time for hearing opj^osition)
with the second r'^ading under the new arrange-
ment. The bill having been reported by the
committee with amendments, they were directed
to report the evidence, and the same was x^rinted,
with the bill in its amended shape. The Order
of the Day for the House in committee on the bill,
being read, counsel was called in and heard: it

* Sherwood, p. 37. The Street Rail Com'y Bill [was thrown
out on the second reading, in the British House of Commons,
16th April, 1861, on notice beiug taken that it trenched on
public rights. In England it is the duty of the Chairman of
Committee of Ways and Means, under a standing order, to call
the attention of the House to all such cases. Hansard's
Debates, vol. 162, p. 641.

t University of Toronto (King's College) Bill, (a Mini3terial
private bill), 1843, 1814-5, and 1846; Montreal Consumers'
Gas Co., 1846.

X Great Southern Railway, 1857.

100

SECOND EEADING OF BILL.

Priyate

.i!ii I

was then moved " that this House will resolve it-
self into the said committee on this day three
months :" the consideration of this motion was
postponed, and the bill was subsequently aban-
doned. It may be here observed, that a motion
to postpone the consideration of a bill for three
or six months, offered at any stage, is, if agreed
to, equivalent to a rejection of the bill for that
Session.*
Private Bills on the Orders of the Day, in the
Bifrdays, House of Commous, are called up on Mondays,
Commons, jiximediately after the daily routine of business ;
on "Wednesdays and Fridays they are called for
the first hour, at the evening sitting ; while on
Tuesdays and Thursdays they do not appear on
the Orders at all.f Private Bills in the hands
of members of the Administration, are placed
among the " Government Orders" on Government
days (Tuesdays and Fridays). In the Senate, no
days are specially appointed for the consideration
of private bills, but they come up from day to day,
according to their relative position upon the
Orders of the Day.

* May, p. 673.

t 19th Rule, Commons.

101

solve it-
ay three
don was
ly aban-
i motion
)r three
f agreed
for that

^, in the
[ondays,
•usiness ;
ailed for
tvhile on
ppear on
le hands
placed
ernment
>nate, no
deration
ly to day,
pon the

12.— PJlOCEEDINaS IN COMMITTEE OF

THE WHOLE.

All Private Bills, after the second reading, arc Reference
at once referred to a committee of the whole mittee of
House, for consideration on some future day. "^ ^^^^^^
Several bills may be considered in committee at
the same time.f

Counsel may be heard at the Bar of the House, Hearing of
at this or any other stage,t but the usual time is
at the second reading. (See Remarks on this sub-
ject, under " Second Reading of Bill," ante, p. 98.)

It may be well to remark here, that while it is,
of course, comj)etent to the House to amend or

* This differs from the practice in the Imperial Parliament,
where such private bills as are reported without amendment are
ordered for a third reading j while those reported with amend-
ments are referred to the Chairman of Ways and Means, and the
Speaker's Counsel, to report whether (in their amended form)
Ihey contain the provisions recjuired by the Standing Orders,
&c. May, p. 729.

t May, p. 467. Also, Assembly Journ., 1860, p. 445; 1861,
p. 319; 166.3 (Aug. Sees.), p. 173; 1864, p. 373; 1865 (Jan.
Seas.), p. 234 ; 1866, p. 195.
May, p. 460.

102

PROCEEDINGS IN

':> :\

ph 'I '
II''' '■ ■
[I'jr

Amend-
ments of
select com-
mittees
generally
accepted
by the
House.

Evidence
of Speaker
ofH. ofC.
on this
subject.

All

reject any bill after it has been reported by a select
committee, and to amend or reject any of the
pmendments agreed to by the committee, prac-
tically this right is rarely exercised. The inabil-
ity of the House to discuss a private bill ui^on its
merits in the absence of such information as evi-
dence alone can supply, renders its reference to a
Kelect committee indispensable ; and the House
practically delegates its responsibility to that com-
mittee, and almost invariably accepts their de-
cision. The principle thus acted upon by our
Canadian Legislature, has been established in the
Imperial Parliament as the resiilt of a very long
experience in private bill legislation. The Right
Hon. John E. Denison, Speaker of the H-ouse of
Commons, a very high authority in all matters
connected w4th either i^ublic or private Par-
liamentary business, m his evidence before a com-
mittee of that House upon the Business of the
House, in 1861, says, in reference to this ques-
tion, — " K you look at the precedent of private
" legislation, you v^dll see that some few years ago
" it was held that it would be quite impossible to
'• concede such enormous mterests as railway in-
" terests to a committee of five men ; but these
" enormous interests, such as the consolidation of
" all the railways in the centre of Scotland, which
" was discussed before the House of Commons the
" other day, and the great question of the docks at

y a select
y of the
ie, prac-
le inabil-
ui>on its
n as evi-
ence to a
3 House
hat com-
their de-
1 by our
ed in the
ery long
[le Eight
I-ouse of

matters
ate Par-
re a com-
ss of the
his ques-

private
'ears ago
)ssible to
Iway in-
ut these
dation of
d, which
nons the
docks at

COMMITTEE OF THE WHOLE.

103

*' Liverpool and the Mersey, now go to five men
" appointed by the Committee of Selection, and
" practically there is no appeal from their decision,
" because the House has been obliged almost to
" adopt as a rule that it will not interfere with the
"decision of committees."* In a subsequent
part of his evidence, after re-iterating this state-
ment, he adds, that the House is more disposed
to support the decision of the committee, because
the smallness of the number of the members in-
creases the responsibility of the committee. f

In pursuance of this principle, the practice has Amend-
prevailed of late years, in the Lower House, in ^mSittL
the consideration of private bills in committee of j°g*'^™jjjj"
the whole, of not treating the amendments made ^^*>^'''
by the select committee as amendments, but con-
sidering the bill, as amended, as a whole ; thus in
reporting the bill to the House, the chairman re-
fers only to the amendments made in com-
mittee of the whole. Bills from the Senate form
a necessary exception to this practice, as every
amendment made to the bill as sent down from
that House must be communicated for its concur-
rence.

Before the House resolves itself into committee
on a bill, an instruction may be given to the com-

* Report from the Select Committee of the House of Com,-
mona, on the business of the House, 1861. (Ans. to Ques. 155.)
f Same Report. (Ana. to Ques. 183 to 186, 192.)

■■

104

InstruvJ-
tioDS to
committoo
of whole.

Power to
amend in
committee
limited.

Special iU'
8tr action.

PROCEEDINGS IN

mittee, empowering them to make provision for
any matters not relevant to the subject matter of
the bill. An instruction is not ordinarily compnl-
sori/, but rather permissive ; a mandatory or com-
pulsory instruction may, however, be given, and
instances are to be found in which committees on
bills have been instructed " that they do make
provision," &c., or " do make two bills into one."*
An instruction should always be made a distinct
question, after the order of the day has been read,
and not as an amendment to the question for the
Speaker leaving the chair, unless its object be to
prevent the sitting of the committee ; as the amend-
ment, if agreed to, supers 3des the question for
the Speaker leaving the Chair.f No amend-
ment which is irrelevant to the bill (as extending
its operations beyond the limits expressed in the
preamble and title, &c.) can be made without
an instruction.! If any amendment be made
that is not within the title of the bill, the com-
mittee amend the title accordingly, and report the
sam3 specially to the House. §

In the Session of 1852-3, the committee of the
whole on the bill to empower the Municipal

* May, p. 461.
f May, p. 362.
t May, p. 474.

§ Standing Order, British House of Commons, 19th July,
1854. Bristowe, p. 133.

COMMITTEE OF THE WHOLE.

105

ovision for
: matter of
ily compul
ry or com-
jiven, and
mittees on
y do make
into one."*
! a distinct
been read,
ion for the
bject be to
;he amend-
iiestion for
o amend"
extendinir
5sed in the
le without
be made
the corn-
report the

ttee of the
Municipal

3, 19th July,

Council of the County of Two Mountains to sub-
scribe for stock in any railway passing through
that county, was instructed to inquire into the
expediency of the extending its provisions to the
County of Terrebonne. The bill was amended
accordingly and passed, and w^as subsequently
amended by the Legisl' ive Council so as to ex-
tend its operation also to the counties of Rou-
Wlle and Missisquoi.

When it may be found necessary to insert, in
a private bill, a clause affecting the public revenue,
property, or credit, the authority therefor must
(with the consent of the Government) emanate
from a committeee of the whole : thus, in 1866,
the Canada Vine G-rowers' Association having
applied for an Act of incorporation, a bill was in-
troduced and proceeded with in the ordinary way ;
and the consent of the Government having been
obtained, a Resolution (originatmg in committee
of the whole) was passed by the House, exempt-
ing the wines made by the Association from
excise duties for a term of ten years ; and the
Resolution was referred to the committee of the
whole on the bill, to make the necessary provision
therein. In 1867-8, this exemption was extended
for a further period of two years, — the same
course being taken as before.

"When it is intended to propose any important
amendment in committee of the whole, or at the

Clauses
afifeoting
public re-

venue,&Cv
originate
in com-
mittee of
whole.

Notice to
be given of
ameud-
mentd'

j'ill

Ir ;'i:

Hi!

106

PROCEEDINGH IN

Course of
proceeding
in commit-
tee of the
whole.

Amend-
ments,

Glauses
postponed.

third reading, one day's notice thereof must Le
given.*

In the committee of the whole, the same course
is adopted as in the select committee, — the question
being proposed on the preamble first, f The
chairman then reads the number of each clause
in succession, with the marghial note which ex-
plains its objects. If no amendment be offered to
a clause, he at once puts the question, '• That this
clause stand part of the bill," and proceeds to the
next. When an amendment is proposed, he
states the line in which the alteration is to be
made, and puts the question in the ordinary form.
No amendment can be made to a clause after the
committee has passed on to another clause ; nor
can any amendment be offered to any clause which
is irrelevant to the subject matter of such clause
but the same should be submitted, as a separate ^® ^\
clause, at the end of the bill.J Clauses may be
postponed, unless they have been amended, when
it is not regular to postpone them. Postponed

clausi
(lispo!
broujj
the w
man t
AVheii
chain
bill w
inente
sitting
Speak
chain
chair,

had g(
ments
the b
witno

close
eave

* 68th Rule. In the Commons of G. B., every such amend-
ment is also, in ail cases involving a necessity therefor, referred
to the Committee en Standing Orders for their report. May, p.
728.

f In this respect di6fering from the course pursued upon
public bills, the preamble of which is postponed until the clauses
have been settled.

i May, p. 469.

)emg

Iloust

3ook

t is Ih

)oint

eed ^

• Ma;
\ Ma

[ must l>e

me course
e question
it t The
ach clause
which ex-
5 offered to
' That this
»eds to the
posed, he
11 is to be
nary form,
e after the
ause; nor
luse which
ich clause

es may be
ded, when
Postponed

COMMITTEE OF THE WHOLE.

107

clauses are considered after the other clauses are
disposed oi, and before any new clauses are
brought \\\). If the committee cannot go through Report,
the whole bill at one sitting, they direct the chair-
man to report progress, and ask leave to sit again.
When the bill has been fully considered, the
chairman puts a question, " That I do report this
bill without amendment," or " with the amend-
ments, to the House ;" which being agreed to, the
sitting of the committee is concluded, and Mr
Speaker resumes the chair : ui^on which the
chairman approaches the steps of the Speaker's
chair, and reports from the committee that " they
had gone through the bill and had made amend-
ments thereto," or that " they had gone through
the bill and directed him to report the same
witnout amendment." * Sometimes, however,

a separate ^^® proceedings of a committee are brought to a

close by an order " That the chairman do now
eave the chair ;" in which case the chairman,
)eing without instructions, makes no report to the
[fouse, and the bill disappears from the Order

such amend- ^^^^ ^^^^ ^^ generally regarded as defunct ; but

t is nevertheless competent for the House to ap-

ort. May, p. )oint another day for the committee, and to pro-

ieed with the bill.f
pursued upon

til the clauses , ,, .^^

May, p. 476.

\ May, p. 476.

■■;'1V

Proceed -
lags after
report.

108 PROCEEDINGS IN COMMITTEE.

When the chairman has reported the bill to the
House, the entire bill is open to consideration,
and amendments may be made, and new clauses
added (of which due notice has been given, as
above mentioned), or the bill may be re-committed
for further amendment.* If amendments have
been made in committee, the question is at once
put upon each amendment, in the order in which
it stands in the bill ; or the consideration of the
bill, as reported, may be postponed to a future
day. If any of the amendments are supposed to
be in excess of the Notice given by the promoters
of the bill, the proper course is to refer them to
the Committee on Standing Orders for their re-
port.!

When the bill has been reported, and the
Third read- amendments made in committee (if any) have

ing order- , . ^ '^ '

od- been disposed of by the House, it is ordered for a

third reading on the following day. The practice
of engrossing on parchment, all bills ordered for
a third reading, was discontinued in 1851, when
both Houses agreed to substitute bills i)rinted by
the Queen's Printer, for the engrossed copies : a
further change was made in 1862, when the
printing of these bills was transferred to the Par
liamentary contractors, with whom it still remains

♦ May, p. 478.

t Ottawa & Prescott Railway, 1865 (Jan. Sesa.); Cobour
& Peterboro' Railway, 1865 (A.ug. Sess.)

100

bill to the
dderatioii,
i\v clauses

given, as
iommittod
ents have

is at once
r in which
ion of the
to a future
ipposed to
promoters
;er them to
3r their re-

, and the
any) have
dered for
he practice
ordered for
851, when
l)rinted by
. copies :
when the
to the Par-
;ill remains

33.); Cobourg

13.— TllirvlJ liEADING OF BILL.

Private bills on the Orders oi the Day for a xime for
third reading, take precedence, on Private Bill '^^^ '^°*'*-
days (sec remarks under "Second reading of Bill"'
supra, p. 100) of all other Orders."'* At this stage
it is not customary to make any amendments but
such as are merely verbal ; no important amend-
ment may be proposed without one day's notice
thereof:! if it be considered necessary, the order
for the third reading* may be discharged, and the
bill re-committed.

This is usually the stage at which the Queen's Rights of
consent is signified to any bill affecting the Y>ro- ^^* ^"^'^°'
party or interests of the Crown .J

The order for the third readini? beini? read, the Passage
member in charge of the bill moves 1st, " That
the bill be now read a third time; 2nd, " That the
bill do now pass, and that the title be," &c. The

* 20th Rule, Commons. 48th Rule, Senate,
t 63th Rule (both).
t May, p. 732.
10

^PPfiUPIl

iitfi

iili

I! I

No Stand-
ing Order
eufpended
trithout
notice.

Bills
amended
by Senate.

Amend-
ments re-
ferred, in
certain
cases.

THIICD READING OF BILL.

Clerk is then ordered to carry the oill to the
Senate, and desire their concurrence.

Every stage of a private bill, in its passage
through the House of Commons, has now been
described. It may be here mentioned, that, in
accordance with the practice on public bills, a
bill may, upon urgent and extraordinary occa-
sions, be advanced two or more stages in one day,^
but except in cases of urgent and x^ressing neces-
sity, no motion may be made to dispense with
any Standing Order relative to private bills with-
out due no^'^e,t printed in the Votes.

Ifa bill bo subsequently returned from the Senate
with amendments, the member in charge (or any
other member acting for him) moves " That the
amendments made by the Senate to the Bill (title)
be now taken into coi^sideratidn." They are then
read by the Clerk a first time, and if merely
verbal or unimportant, they are read a second
time, and may be at once agreed to ; the Clerk is
then ordered to carry the bill to the Senate. If
any of the amendments be important, they are
referred to the Standing Committee to which the
bill was originally referred,^ and all further pro-

* 43rd Rule.

t 70th Rule.

t 69th Rule. See Guelph & Lake Huron Railway, 1864 ;
St. Charles Bridge, 1866 ; Port Hope, L'nd-iay & Beavertoa
Railway, 1866.

THIRD READING OF BILL.

Ill

to the

passage
)W been

that, ill
3 bills, a
iry oc ca-
ne day,*
iq: neces-
ise with
lis with-

.e Senate
! (or any
That the
Bill (title)

are then
f merely
I second

Clerk is
nate. If

they are
i^hich the
ther pro-

ceedings on the matter are suspended until their
report is received.

The practice in the Senate with reference to
any of their bills which may have been returned
from the Commons with amendments, differs
somewhat from that of the Commons in this re-
spect, — ^leaving it optional to refer the amend-
ments to the select committee, or to 'i committee
of the whole*

If the House disaj;free to one or more of the
amendments, a committee is appointed to draw
up the reasons for disagreeing, and they are com-
municated to the Senate at a conference,! and
an opportunity is thus afforded to the Senate of
not insisting upon the amendments objected to;
or the reasons may be set forth in the motion for
disagreeing, and communicated by message .J In
the event of both Houses refusing to yield the
point in discussion, the bill is withdrawn or aban-
doned. §

In case a bill should not be proceeded with in
the Senate, in consequence of amendments having
been made which infringe the privileges of the
Lower House, the same proceedings are adopted

DilU
by Coiu-

Amo'id-
mentd Ai9-
agrood to.

Bills not
proceeded
with in
Senate.

way, 1864 ;
; Beavertoa

* 69tli Rule, Senate,

t Levis incorporation, 1861.

X Quebec Corporation, 18GG.

§ Sherwood, p. 74.

112

THIRD RE fVDINO OF BILL,

as in case of a public bill. A committee is ap-
Committee pointed to scarch f xC Journals of the Senate, and

to search -••

Journals, on their report, another bill may be ordered, in-
cluding the amendments made by the Senate.*

May, p. 733.

113

14.— PROCEEDINGS ON PRIVATE BILLS
IN THE SENATE.

The proceedings on private tills in the Upper
House differed materially from those in the Lower
House, until the year 1861 ; but in that year the Procecd-

ings nearly

Legislative Council adopted Private Bill Rules identical
identical with those of the Legislative Assembly, of com-
Some changes were made in these Rules by the °^^^^'
House of Commons, in the first Session after Con-
federation, — the most imj^ortant of which consist- ^*^®p''°°'
ed in the reference of bills after the^rs^ instead of
the second reading (hereinbefore referred to) : this
change, and certain minor alterations contmgent
upon it, were not adojited by the Senate, and bills
before that House are therefore referred, as here-
tofore, after the second reading. In other respects
the proceedings of the two Houses may be said
to be identical.* AVhcn any such bill has been

* The House of Lords have ceitain Stauding Orders which
are not common to both Houses. By one called the " Wharn-
cliffe Order," it is provided that no bill empowering an existing
company to execute or contribute to works, other than those for
which it was origiaally constituted, or for the amalgamation,

114

PROCEEDINGS IN

Evidence, referred to a select or standing committee, the
same course is taken for obtaining evidence upon
the preamble ; or the committee can, if they de-
sire it, instruct their chairman to move that a
messag3 be sent to the Commons, requesting that
the proofs and evidence on which tjie bill is
founded may be communicated,* and these,
when received, are referred to the committee.

BitVng of 111 ^^Q case of bills upon which notice by adver-

committeo. tisement is required by the Rules, the committee
give twenty-four hours' notice of their sitting.f
By far the greater number of private bills are

P"^*r1"„ introduced first in the Commons, but no arranffe-

tion of bills ' ®

in either mcut has yet been effected between the two

Uouse.

Houses, similar to that in operriion in the Imperial
Parliament, for regulating the class of bills which
should originate in each House. A reference to

dissolution, or abandonment of the company, will be allowed to
proceed without proof that a meeting of the proprietors was 'ield,
at which the bill was approved. There are also (under other of
their Standing Orders) special matters required to be proved, or
to be done, in certain classes of bills ; and it is especially pro-
vided that no bill for the regulation of any trade, or the exten-
sion of the term of a patent, is to be read a second time, until a
select committee has reported upon the expediency of taking it
into further consideration. May, pp. 738 to 740.

* Pickering Harbour and Road Bill 1852-3 ; Bill to remedy
defects in title to Lot 4, Broken concession A and B, township
of Hamilton, 1854-5.

t 60th Rule, Senate.

ee, the
le upon
hey de-
j that a
ing that

bill is
L these,
imittee.
T adver-
nmittee
ting.f
3ills are
irrange-
he two
mperial

which
jiice to

ill owed to
was 'icld,
r other of
roved, or
nally pro-
he exten-
le. until a
taking it

remedy
township

THE SENATE.

115

the remarks on this subject in the rreiiminary
Chapter, and the corresponding Note, will ex-
plain the nature of this arrangement, {supra, p. 5.)

Divorce Bills are introduced first in the Senate, Divorcb
and there are certain Standini? Orders concerninc: ^^^^ '
them which are peculiar to that House. On the
presentation of the jietition, a sum of $100 is de- Fee.
posited in the hands of the Clerk,* in place of
the fee levied upon other private bills after the
second reading. Notice of the application must
be published in the Official Gazette, and in two Notice,
other newspapers, during six months before the
presentation, instead of two months,! and various
matters must be proved on the reading of the
petition, which are specified in detail in the Chap-
ter headed " Proof of Notices," &c. [supra, p. 38.)
The bill, when presented, cannot be read a First and

second

second time until 14 days shall h?ve elapsed from reading of
the first reading : a notice of the day ai)pointed ^ ^
therefor, with a copy of the bill, are served on the
party from whom the divorce is sought ; and.
proof, on oath, of such service (where the same is
possible) is adduced at the Bar before the second
reading.^ The petitioner attends below the Attend-
Bar, at the second reading, to be examined gene- petitioner,
rally, or as to any collusion between the parties

* 84th Rule, Senate.
t 73rd Rule, Senate.
% 77th Rule, Senate.

116

Examina-
tion of
witnesses.

Counsel.

Summons
for wit-
nesses.

Bill re-
ferred to
committee
of whole.

Prohibit-
ory clause.

proce:edings in

to obtain a separation, unless such attendance is
dispensed with.* After the second readiiio-,
witnesses are examined at the Bar, on oath, in
support of the bill, the preliminary evidence being-
that (by certificate or otherwise) of the due cele-
bration of the marriage of the parties.f The
counsel for each party may be heard at the Bar,
either on the evidence, or on the provision for
the future support of the wife.| AVitnesses are
notified by a svimmons under the hand and seal
of the Speaker, served at the expense of the party
applying therefor, by whom also their expenses
are defrayed. § Any witness refusing to attend
is taken into the custody of the Usher of the Black
Rod, and is liable for all expenses attending such
default. II After the second reading, the bill is
referred, not to a select or standing committee,
but to a committee of the whole House. ^ No
bill to dissolve a marriage on the ground of adul-
tery is received, without a clause prohibiting tho
offending party from marrying ; but this clause
is struck out in committee, or on the report, ex
cept in very peculiar cases.** In all subsequent

* 78th Rule, Senate.

t YOthRule, Senate.

t 80 th Rule, Senate.

§ 81st Rule, Senate.

II 82nd Rule, Senate.

ir May, p. 151.

*-* May (Edit, of 1855), p. 811.

THE SENATE.

117

iidaiice is
readiiis'.
11 oath, in
nee being-
due cele-
is.f The
it the Bar,
vision for
lesses are
1 and seal
■ the party
expenses
to attend
^ the Black
ding such
the bill is
ommittee,
ise. t No
id of adul-
.biting the
his clause
report, ex-
absequent

proceedings, divorce bills arc dealt with in the
same manner as other private bills. If any mat- Unprovi-
ter not provided for by the Rules should arise,
reference is had to the Rules and practice of the
House of Lords.* "When the bill is reported,
and any amendments that may have been made
are disposed of by the House, it is ordered to be
read a third time on a future day, when it is
read a third time, passed, and sent to the Com-
mons in the usual form.

Bills for the reversal of attainders, or for there- Reversal of
storation of honors and lands, are first signed by 4c!^'° *"'
the Governor General, and are presented in the
Senate (without a previous petition) by command
of His Excellency ; f after which they pass
through the ordinary stages, and are sent to the
Commons. Here the Queen's consent is signified
before the first reading ; and if this form be over-
looked, the proceedings will be null and void.
After the second reading,^ thoy may be ordered
to be read a third time on a subsequent day, with-
out reference to a committee. Such bills receive

* 85th Rule, Senate.

t Matthews' attainder reversal ; Council Journ.,1816, p. 147.

t In the British House of Commons, such bills, after the
second reading, are committed to several members specially
nominated, " and all the members of this House who are of Her
Majesty's most honorable Privy Council, and all the gentlemen
of the long robe." May, p. 750.

'"^" I. ■,-,i,lill,J!ll!)JHliPipip

i-'-rtl * rr^-^ir'*

118

PROCEEDINGS IN THE SENATE.

Senate.

the Royal Assent in the usual form, as public

bills*

The bills sent down to the Commons pass
in'gsln'^' through the same stages, and are subject to the
Commons game rules, as other private bills, except that

on bills ' ^ ' ^ ^

from divorce bills are referred to a selected instead of
a standing committee. When any private bill
(not being a divorce bill)! is so received, that is
not based on a petition which has been already
reported on by the Committee on Standing Or-
ders, it is taken into consideration and reported
on by the said committee, after the first reading,!
"with reference to the notices required by the
Rules.

* May, p. 751.
t May, p. 757.
1 54th Rule.

as public

119

ions pass
3ct to th-j
3ept that
iistead of
Lvate bill
d, that is
11 already
tiding Or-
[ reported
reading,!
ed by the

Publio

Act"

dauae.

15— ROYAL AS8ENT.

Private bills receive the Royal Assent in the
same manner and form, and at the same time, as
public bills. Heretofore, every private Act, al-
most without exception, contained a clause de-
claring that it " shall be deemed a i^ublic Act."
The effect of this clause was that it should be
construed as an enactment that such Act should
be judicially noticed by all Judges, Justices of
the Peace and others, without being specially
pleaded ; whereas j^rivate Acts which did not
contain such a clause could be judicially noticed
only when specially pleaded. But by the " In- ah Acta
terpretation Act" x>assed in 1867, it is expressly ed to be
provided that " every Act shall, unless by express Acta,
provision it is declared to be a Private Act, be
deemed to be a Pubhc Act, and shall be judicially
noticed by all Judges, Justices of the Peace, and
others, without being specially pleaded ; and all
copies of Acts printed by the Queen's Printer,
shall be evidence of such Acts and of their con-
tents."*

* 31 Vic, cap. 1, sec. 7., sub-sec. 38.

120

ROYAL ASSENT.

with tho
■Statutes.

I !

Until the year 1849, private Acts were printed
^'r/vatoacfs ^^'^^^^ ^^^^ pubUc statutes, aud bound together in
the same volume. In that year, an Act was
I^assed" which provided that local Acts should
be printed (at the expense of the Province) in
such number only as should suffice for distribu-
tion to the Judges, Public Departments, and ce:
tain local functionaries ; and that of private or
personal Acts, 150 copies only should be printed,
at the expense of the parties obtaining the same.
Under this arrangement no private Acts of any
class were printed for general distribution with
the Statutes ; and the inconvenience attending it
was so strongly felt, that in 1851 an Act was
passed t i^roviding for the printing and distri-
bution of all local, x:>rivate, and personal Acts, in
the same manner, and to the same extent as the
public Acts, — reviving, in fact, the former prac-
tice of binding up all the Acts of a Session, pub-
lic and private, in the same volume. But by the
"Interpretation Act" of 1867, it is provided that
the Governor in Council may direct the distribu-
tion of the Statutes in such manner, either by the
binding of the Public G-eneral Acts, and Acts of a
local or private character, in separate volumes, or
by binding them together in the same volumes

* 12 Vic. cap. 16.

t 14, 15 Vic, cap. 81.

ROYAL A8SENT.

121

i printed
Tether in
Act was
s should
riiice) in
distrilm-
, and ce:
)rivate or
} printed,
the same.
ts of any
;ion with
;ending it
L Act was
id distri-
1 Acts, in
ent as the
mcr prac-
sion, pub-
Jut by the
rided that

distribu-
ler by the

Acts of a
)lumes, or

volumes

with separate indexes or otherwise, as may be
deemed expedient.* It may be worthy of con-
sideration whether the public convenience would
not be sufficiently consulted by printing a limited
number (say 500 copies) of the local and private
Acts, binding them in a supplementary volume,
and distributing them with the public Acts only
where they are really required.! This w^ould
cause a large saving in the cost of printing, and
would disencumber the Statute Book of a mass
of enactments which have no bearing on the
statute law of the land.

* 31 Vic, cap. 1, sec. 13.

t All such private Acts of tlie Imperial Parliament as con-
tain the ''public" clause are printed in a separate collection,
and are known as local or personal Acts. Another class, con-
sisting chiefly of inclosure, drainage, and estate Acts, are printed
by the Queen's Printers, and contain a clause declaring that a
copy so printed "shall be admitted as evidence thereof by all
judges, justices and others," and a further enactment that the
"Act shall not be deemed a public Act." A third class, con-
sisting of name, naturalization, divorce, and othar strictly per-
sonal Acts, are not printed ; but a list of them is inserted by the
Queen's Printers after the titles of the other private Acts. May,
pp. 759, 760.

122

APPENDIX I.

RULES COMMON TO BOTH HOUSES

IN RELATION TO

rPvIYATE BILLS.

40. No retition for any Private Bill is received

Petition 8

for Privuto by The House [Senate] after the first three weeks
of each ^Session ; nor may any Private Bill be pre-
sented to The House [Senate] after the first four
weeks of each Session ; nor may any Report of
any Standing or Select Committee upon a Private
Bill be received after the first six weeks of each
Session. [And no Motion for the general suspen-
sion or modification of this Rule shall be enter-
tained by The House, unless after reference made
thereof at a previous sitting of The House, to the
several Standing Committees charged with con-
sideration of Private Bills, or upon Report sub-
mitted by two or more of such Committees.]*

* This sentence occurs in the Commons Rule only.

RULES RELATIVE TO PRIVATE BILLS.

128

USES

received
^e weeks
1 be pre-
irst four
eport of
, Private
; of each
suspen-
36 enter-
ic e made
se, to the
rith con-
tort sub-
?es.]*

60. The Clerk of The House [Senat?] shall, dur- P'»»>»o*\
ing each Recess of Parliament, publish weekly cierk, of
in the Official Gazette, the following Rules re- tire to Nc-
specting Notices of intended appHcations for Pri- '*'
vate Bills, and in other newspapers (English and
French) the substance thereof; and shall also, im-
mediately after the issue of the Proclamation con-
vening Parliament for the despatch of business,
publish in the Official G-azetce, and in other
newspapers, as aforesaid, until the opening of
Parliament, the day on which the time limited
for receiving Petitions for Private Bills will ex-
pire, pursuant to the foregoing Rule ; and the
Clerk shall also announce, by notice affixed in the
committee rooms and lobbies of this House [the
Senate] by the first day of every Session, the time
limited for receiving Petitions for Private Bills,
and Private Bills, and Reports thereon.

51. All applications for Private Bills, x^roperly Notices for
the subjects of legislation by the Parliament of Bills.
Canada within the purview of. " The British
North America Act, 1867," whether for the erec-
tion of a Bridge, the making of a Railroad, Turn-
pike Road, or Telegraph Line ; the construction
or improvement *"'' a Harbour, Canal, Lock, Dam
or Slide, or othe. like work ; the granting of a
right of Ferry ; the incorporation of any particular
Trade or Calling, or of any Banking or other Joint
Stock Company ; or otherwise for granting to any

124

RULES RELATIVE TO

•Ilii

till i

In ■

individual or individuals any exclusive or pecu-
liar rights or privileges whatever, or foi doing any
matter or thing which in its operation would
affect the rights or property of other parties, or
relate to any particular class of the community ;
or for making any amendment of a like nature to
any former Act, — shall require a Notice, clearly
and distmctly specifying the nature and object
of the application, to be published as follows,
viz.: —

In the Province of Quebec — A Notice inserted in
Notices for ih^ Official Gazette, in the English and French
BUh^ ^ languages, and in one newspaper in the English,
and one newspaper in the French language, in
the District affected, or in both languages if
there be but one paper ; or if there be no paper
published therein, then (in both languages) in
the Official G-azette, and in a paper published in
an adjoining District.

In any other Province — A Notice inserted in the
Official Gazette, and in one newspaper published
in the County, or Union of Counties, affected, or
if there be no paper published therein, then in a
newspaper in the next nearest County in which
a newspaper is published.

Such Notices shall be continued in each case
for a period of at least two months, during the in-
terval of time between the close of the next pre-

PRIVATE BILLS.

125

c*r pecu-
)iiig any
L would
rties, or
nunity ;
ature to
clearly
I object
follows,

erted in
French
English,
lage, in
lages if
.0 paper
ges) in
Lshed in

d in the
ibHshed
cted, or
\en in a
1 which

tch case
I the in-
ext pre-

ceding Session and the consideration of the Peti-
tion.

52. Before any Petition pravinj? for leave to TollBridge

•' 1 ' Bills.

bring in a Private Bill for the erection of a Toll-
bridge, is present <^d to the House [Senate], the
person or persons intending to petition foi such
Bill, shall, upon giving the Notice jirescribed
by the preceding Rule, also, at the same tinie, and
in the same manner, give Notice of the Rates
wh'.jh they intend to ask, the extent of the
privilege, the height of the arches, the interval
between the abutments or piers for the passage of
rafts and vessels, and mentioning also whether
they intend to erect a drawbridge or not, and
the dimensions of the same.

53. Petitions for Private Bills, when received Petitions
by The House [Senate], are to be taken into con- p^orteroa
sideration (without special reference) by the Com- l^ng'^'o'rdera
mittee on Standing Orders ; which is to report in Committee
each case, whether the Rules with regard to No-
tice have been complied with ; and in every case
where the Notice shall. prove to have been insuffi-
cient, either as regards the Petition as a whole, or

any matter therein which ought to have been
specially referred to in the Notice, the Committee
is to recommend to The House [Senate] the course
to be taken in consequence of such insufficiency
of Notice.

r *

0-*.

All Private Bills from, the Senate [House of

■^^pppii

I ■ '

126

Private
Bills from
Senate.

SuspoDsion
of Rules.

Introduc-
tion of
Private
Bills.

Letters
Patent, or
Agree-
ments.

Fees, and
cost of pre-
paring and
printing
Private
Bills.

RULES RELATIVE TC

Commons], (not being based on a Petition which
has already been so reported on by the Committee)
shall be first taken into consideration and report-
ed on by the said Committee in like manner, after
the First Reading of such Bills, and before their
consideration by any other Standing Committee.

55. No Motion for the suspension of the Eules
upon any Petition for a Private Bill is entertained,
unless the same has been reported upon by the
Committee on Standing Orders.

56. All Private Bills are introduced on Petition,
and presented to The E J [Senate], [upon a
motion for leave, to be made on a Monday, Wed-
nesday, or Friday, immediately before the calling
of the Orders for Private Bills, — and * ] after such
Petition has been favorably reported on by the
Committee on Standing Orders.

57. "When any Bill for coniinning any Letters
Patent or Agreement is presented to The House,
[Senate] a true copy of such Letters Patent or
Agreement must be attached to it.

58. The expenses and costs attend' ii Private
Bills giving any exclusive privilege, ' for any
object of profit, or private or corporate or indi-
vidual advantage; or for amending, extending,
or enlarging any former Acts, in such manner as
to confer additional powers, ought not to fall on

* These words occur in the Commons Rule only.

tion which
'ommittee)
md report-
nner, after
?fore their
Dmmittee.
the Hules
itertained,
>on by the

11 Petition,
e], [upon a
day, Wed-
;he caUing
after such
on by the

ny Letters
he House,
Patent or

ui Private
' lor any
e or indi-
ixtending,
nanner as
to fall on

PRIVATE BILLS.

127

the public ; accordingly the parties seeking to Foes and
obtain any such Bill, shall be required to pay into '^^^''s®^-
the Private Bill Office the sum of one hundred
dollars, immediately after the [First Reading * ]
thereof: and all such bills shall be prepared in the
English and French languages, by the parties ap-
plying for ^he same, and i^rinted by the Contrac-
tor for printing the Bills of The House [Senate],
and 500 copies thereof in English and 200 copies
in French shaU be deposited in the Private Bill
Office [and distribution thereof made, before the
First Reading! ] ; and no such Bill shall be read
a Third time until a certificate from the Queen's
Printer shall have been fyled with The Clerk,
;hat the cost of printing 500 copies of the Act in
^nghsh and 250 in French, for the G-overnment,
las been paid to him.

The Fee payable on the [First Reading * ] of Fee, and
my Private Bill is paid only in the House in which printing,
inch Bill originates, but the cost of printing the ''^"^ p*^**'
ame is paid in each House.

59. Every Private Bill, when read a [First time Bills and
:] is referred to the Committee on Private Bills, referred.^
f any such shall haA'e been appointed, or to some
)ther Standing Committee of the same character ;

* ^^ Second reading," in Senate Rule.

t In the Senate Rale, the words '' before second reading,"
ccur in place of those between brackets.
t '< Second iime,^^ in Senate Rule.

128

KULES RELATIVE TO

and all Petitions before The House [Senate] for oi
against the Bill are considered as referred to such

Committee

Committee.

Commons.

60. No Committee o]i any Pri-
o}!!^^.*!L ^^^^G BiP., originating in this House,
of which Notice is required to be
given, is to consider the same un-
til after ten clear days' Notice of
the Sitting of such Committee has
been first affixed in the Lobby; nor,
in the case of any such Bill origina-
ting in the Senate, until after two
days' like Notice. And no Motion
for any general suspension or mod-
ification of thisEule, shall be enter-
tained by theHouse, unless after re-
ference made thereof at a previous
sitting of The House, to the sever-
al Standing Committees charo-ed
with consideration of Private Bills,
or ui^on Eeport submitted by two
or more of such Committees.

2. On the day of the posting of

in the case of
any such Bill

any Bill underthis Rule, the ChiefiiT,^ t ^kk,^ . „^^
Clerk of the Private Bill Office, ^^® ^^^^^ ' '''*''
shall append to the printed Votes
and Proceedings of the day, a No-
tice of such posting : and he shall
also append to the .Votes of each
day, a Notice of the meetings of
any of the Standing Committees
charged with the consideration of til after twenty-
Private Bills or Petitions therefor, ^^j. j.^^^^, ^^^
that may have been appomted lor
the following day. notice.

61. A copy of the Bill containing the Amend-

Senate.

60. No Com-
mittee on am
Private Bill ori
ginating m th*
Senate,ofwhicli
Notice is re
quired to be
given, is to con-
sider the same
until after a
week's notice
of the Sitting
of such Com-
mittee, has been
first affixed iu

originating
the House
Commons,

111

ail

^111

men

Con

Offic

Con

be a

quir

mitt(

cons

mail'

the(

Com

who;

Com

offeci

ed to

63.

Bills

ing t

the Y

or ca

64.

whic!

Hous

[Sena

Bill 1

plate<

byth

65.

PRIVATE BILLS.

129

Late] for oi
ed to such

ENATE.

No Com-
e on ain
ite Bill ori
ing ill th^
[e,ofwliicl
ie is re-
el to be
1, is to con-

the sanK
after a
:'s notice
le Sitting
uch Com
e, has been
affixed iu
obby ; nor,
le case of

such Bill
rating in
House of
nons, an-

er twenty-
hours' like
e.

le Amend-

ments proposed to be submitted to the Standing
Committee, shall be deposited in the Private Bill
Office, one clear day before the meeting of the
Committee thereupon.

62. All persons whose interest or i^roperty may
be affected by any Private Bill, shall, when re-
quired so to do, appear before the Standing Com-
mittee touching their consent, or may send such
consent in writing, proof of which may be de-
manded by such Committee. And in every case,
the Committee upon any Bill for incorporating a
Company, may require proof that the persons
whose names appear in the Bill as composing the
Company, are of full age, and in a i)osition to
effect the objects contemplated, and have consent-
ed to become incorx^orated.

63. All questions before Committees on Private
Bills are decided by a majority of voices, includ-
ing the voice of the Chairman ; and whenever
the voices are equal, the Chairman has a second
or casting ^'ote.

6-4. It is the duty of the Select Committee to
which any Private Bill may be referred by The
House [Senate], to call the attention of The House
[Senate] specially to any provisioii inserted in such
Bill that does not appear to have been contem-
plated in the Notice for the same, as reported upon
by the Committee on Standing Orders.

65. The Committee to which a Private Bill

Deposit of
filled up
Bill in Pri-
vate Bill
Ofilce.

Conaent of
parties in-
terested.

Voting in
committecB

Extraordi-
nary pro-
visions in
Bills.

130

RULES RELATIVE TO

i I

Report of may have been referred, shall report the same to

CommUtee. ■'

The House [Senate], in every case ; and when a;iy
material alteration has been made in the Preamble
of the Bill, such alteration, and the reasons for the
same, are to be stated in the Report.

Preambi ^^' ^^^^^^ ^^® Committee on any Private Bill
notrroved. report to The House [Senate] that the Pre ■ nble
of such Bill has not been proved to their satisfac-
tion, they must also state the grounds upon which
they have arrived at such a decision ; and no Bill
so reported upon shall be x:)laced upon the Orders
of the Day unless by special order of The House
[Senate].

[2. Private Bills otherwise reported to The
House by such Committee, shall be j)laced upon
the Orders of the Day following the reception of
the Report, for a second reading, in the proper
order, next after Bills referred to a Committee ol
the Whole House.* ]

67. The Chairman of the Committee shall sign
with his name at length, a printed copy of the
Bill, on which the Amendments are fairly written,
and shall also sign with the initials of his name
the several Amendments made and Clauses added
in Committee ; and another copy of the Bill, with
the amendments written thereon, shall be pre
pared by the Clerk of the Committee, and fyled

Chairman
to sign
Bills and
Amend-
ments.

I I

* This paragraph occurs in the Commons Rule only.

; the same to
id when apy
le Preamble
asons for the

Private Bill
.e Pre.- nble
heir satisfac-
upon which
; and no Bill
11 the Orders
The House

ted to The
placed upon
recejition ol
. the propel
Committee ol

,ee shall sign
copy of the
lirly written
of his name
lauses added
he Bill, with
hall be pre-
e, and fyled

i only.

PRIVATE BILLS.

in the Private BiV. Office, ^r attached to the Re-
port.

68. No important Amendment may be i^roposed
to any Private Bill, in a Committee of the "Whole
House, or at the Third Heading of the Bill, unless
one day's notice of the same shall have been given.

69. When any Private Bill is returned from the
^Senate [House of Commons] with amendments,
the same not being merel) verbal or unimportant,
such amendments are, i)revious to the Second
Reading, referred to [a Committee ol the Whole,
or to * I the Standing Committee to which such
Bill was originally referred.

70. Except in cases of urgent and pressing ne-
cessity, no Motion may be made to dispense with
any Standing Order relative to Private Bills, with-
out due notice thereof

71. A Book, to be called the '• Private Bill Re-
gister," shall be kept in a room to be called the
" Private Bill Office," in which Book shall be en-
tered, by the Clerk api)ointed for the business of
that Office, the name, description, and place of
residence of the parties applying for the Bill, or
of their agent, and all the j)roceedings thereon,
from the Petition to the passing of the Bill ; such
entry to specify briefly each proceeding in The
House [Senate], or in any Committee to which

* These words occur in the Senate Rule only.

131

Amend-
ments by
the House.

Bill

amendoJ
by Senate,

Dispensing
withstand-
ing Orders.

Private
Bill Regia-
ter.

132

RULES RELATIVE TO

'^Kj'

liili

! I

Private
£111 Com-
mittees.

Unprovid-
ed ca?es,
Senate.

Parlia-
mentary
Agents.

the Bill or Petition may be referred, and the day
on which the Committee ifi appointed to sit. Such
book to be open to i)ublic insi)ection daily, during
Office hours.

72. The [Chief* ] Clerk of the Private Bill
Office shall i:)ropare, daily, lists of all Private Bills,
and Petitions for such Bills, upon which any Com-
mittee is appointed to sit, specifying the time of
meeting and the room where the Committee
shall sit ; and the same shall be hung up in the
Lobby.

(The following Rules may also be given, as
bearing on the practice in Parliament in relation
to Private as well as Public Bills.)

(Senate.)

113. — In all unprovided cases,the rules, usages,
and forms of the House of Lords are to be fol-
lowed.

{Commons.)

73. — Every Parliamentary Agent conducting
proceedings before the House of Commons, shall
be personally resx)onsible to the House and to
the Speaker for the observance of the rules,
orders and practice of Parliament, and rules pre-
scribed by the Speaker, and also for the payment
of all fees and charges ; and he shall not act as a

* In Commons Rule only.

PRIVATE BILLS.

133

id the day
3 sit. Such 1
ily, during

rivate Bill
ivate Bills,
1 any Com-
the time of
Committee
»• uj) in the

i given, as
in relation

Parliamentary Agent until he shall have received
the exi:>ress sanction and authority of the Speaker.
74. — Any A<?ent who shall wilfully act in vio- Agents

■' ° •' . violating

lation of the rules and practice of Parliament, or Rules Ha-
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 i^rohibition
to practise as a Parliamentar}^ 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 Unprovid-

fid CILSfiS

and forms of the House of Commons of the United Commona.
Kingdom of Great Britain and Ireland shall be
followed.

des, usages,
e to be fol-

conducting
mons, shall
use and to

the rules,
1 rules pre-
le payment

lot act as 'a

134

APPENDIX II.

J !

RULES OF THE SENATE

COXCERNINO

BILLS OF DIVORCE.

73. Every Applicant for a Bill of Divorce is
notices'' required to give Notice of his intended api)lica-
pubhshed. ^[qj^^ ^nd to si")ecify from 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
cd on ad- served, at the instance of the Applicant, upon

■'■^7'^-

'!i; !

DIVORCE BILLS.

135

oice IS
aj)i)lica-
)r what
iiths, in
ers pub-
amty or
3, where
le of the
f papers
djoining

ec, is to
ich Ian-
is to be
it, upon

the person from whom the Divorce is sought, if j^w^e par-
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 i^lace prior to the Petition, an exem- Courts

ill J

plification of such Proceedings to Imal judgment,
duly certified, is to be. presented to The Senate,
on the reading of the Petition.

76. In cases where damages have been award- pap^^gea
ed 10 the Apphcant, 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 ^°^'

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

. IJINHMPIPII

13G

DIVORCE BILLS.

PetitioDor
to appear.

Eyiclenco
of celebre-
tion of
marriage.

T^^

proof adduced of the impossibility ol complying-
with this regulation.

78. The petitioner is to appear below the B?r
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 ra' 'age, or by complete and
satisfactory proof of certificate of the officiat-
ing 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
Witnesses, Summons, to issuc under the hand and seal of
moned. The Speaker, to the pai-ties appl^dng 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 Eod, or his authorized Deputy ;
and every Witness is allowed his reasonable

Counsel
henfd.

DIVORCE UILLH.

137

m plying-

the B.ir
^, to be
s to any
oirties to
to think

les are to
ath ; the
hie cele-
irtios, by
5 present
)lete and
ofiiciat-

3 well as
^ht, may
s well on
IS for the
jcessary.
and by a
d seal of
the same,
late, and
s, by the
Deputy ;
'asonable

expanses, to be taxed by The Sojiate, or any
Officer thereof appointed for that purpose.

82. "Witnesses refusinft- to obey the Summons ^'"^» ^''^

^ '' fusing to

are, by Order of the Senate, taken into the custody attend,
of the Usher of the Black Kod, and not liljerated
therefrom, except by Order of The Senate, and
after payment of the expenses incurred.

8o. Every Bill of Divorce is to be prepared in biu pro-
the Eui^Hsh and French languages by the party J^nfetriy
applying for the same, and printed by the Con- petitioner,
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 "Fix uch, 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 certiiicate 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 i>aid to him.

84. Every applicant for a Bill of Divorce, at Amcnnt to
the time of presenting the Petition, is to pay into ^® ^*'^*
the hands of The Clerk of The Senate, a sum o^

One hundred dollars, to cover the exi^ense.
which may be incurred by the Senate during the
progress of the Bill.

85. In all improvided cases, reference should Unprovid-
be had to the Rules and Decisions of the House

of Lords.

^tnoi

138

APPENDIX III.

Jil

FORM OF PETITIOX TO THE THREE BRANCHES OF THE
LEGISLATURE, FOR A PRIVATE BILL.

PeJiTio'/toTo His Excellency the Right Honorable Sir
uncf^'^^' -^^^^ Young, Baronet, K.C.B., Cl.C.M.a.,
Governor G-eneral of Canada, &c., &c., &c.,

In Council.

The Petition of the undersigned
of

Humbly Sheweth:

of the

nil !

That (here state the object de-
sired hy the petitioner in soliciting an Act).

Wherefore your petitioner humbly x>i'ays that
Your Excellency may be pleased to sanction
the passing of an Act (for the purposes above
mentioned).

And as in duty bound, your petitioner will ever
pray.

Seal, in the case
(Signature) \ of an existing

Corporation.

(Date.)

YOUM OF PETITION.

139

ES OF THE

Table Sir
.1.C.M.G-,

&c., &c.,

of the

object de-

')■

►rays that
sanction
loses above

will ever

II the case
n existing
poration.

{To either House.)

To tne Honorable the ! ,, ^ „ _,

( House oi Commons

of Canada, in Parliament assembled :

Form of
Petition to
Senate or
Houaa of
Commonfl,

The Petition of the undersigned
of

of the

Humbly Sheweth:

That {ho'e state the object de-
sired by th e petitioner in soliciting an Act)

"Wherefore your petitioner humbly jorays that
Your Honorable House may be pleased
to pass an Act (for the purposes above men-
tioned).

And as in duty bound, your i^etitioner will
ever pray.

(Signature) •{ Seal, as above.

Date.)

Ala

Age
Af/r,

AUe

Ami

Ame

141

INDEX.

Abandonment q/ bill:

If a bill be abandoned by its promoters, the fact .is reported, or the com-
mittee may permit other parties to proceed with it, 94.
Affeuis .'—See Parliamentary Agents.
Agreements :

Copy thereof to be attached to any bill for confirming the same, 55, 126,

Aliens: — See Naturalizations.

Amalgamation of bills :

Provisions of several petitions included in a single bill, 56.
Provisions of several bills consolidated into one, 94.

Amendments :

Instru3tions to select committee on bill, concerning amendments, 65, 94.—
To committee of ■<vhole, 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 bo specially reported, 85, 130;— or material altera-
tions in bill, 90.

No new provisions (net 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 afi'ecting 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 or imnts proposed in committee of whole, 105,
131; — or after repo.i of committf"> of whole, 108;--or at third
reading, 109, 131.

■^77?;f^i»tt"

142

INDEX.

ICanaZ .
Amendments — contipued.

No amendment oan be proposed to a clause, in committee of whole, after pasting
the committee has passed on to another clause, 106.

May be made by the House, after report of committee of whole, 108.

Amendments in excess of notice, should be referred tj Standing Orders Com
mittee, 108.

Verbal amendments only can bo made at third reading; but bill may be
re-commltted, 109.

Amendments of Senate to a bill originating in Common?,*are rcferrel ti
the committee of the Commons to which the bill was originally rt
ferred, 110, 131 — Practice in Senate with regard to amendments d
Commons, 111, 131.

Amendments of Senate disagreed to ; conference desired. 111 ; — or a mes-
sage may be sent to the Senate communicating the reasons for dis-
agreeing, ib.

Chi

{Heavin

Coi

Comm't
All
Tw
Coi
An

Attainders :

Bills for reversal of attainders, 117.

Banking :

Placed under control of the Parliament of Canada, 13.
Suggestion that all Bank bills should originate in the Common?, 5.
Standing committee on Banking and Commerce ,* appointment and power?
61. See Private Bill Committee.

Blanks :

Rates, tolls and fines are inserted in bill in italics, technically regarded as

blanks, 55.
Committee to fill up the blanks with the maximum rates, 87.

Bridges :

Notice of applications for toll-bridge bills, to specify rates of toll, Ac, ov,

123, 125.
Rates to be printed in the bill in italics, 55 ; — to be filled up by committed)

87.
Exceptional practice of originating rate^i of toll in committee of whole in

some instances, 87 ; — inexpediency of this course demonstrated, 88.

Business undisposed of :

Arrangement (in certain Sessions) for taking the same up at the nest
Session, 62.

!i!

las
No
No;
Coi
No

Ris

Rei
Pre

On
On

Inc

Competi
Par

Con/ere)
On

Jonsent
Pro
Qu(

hole, 108.
ling Orders Com-
bat bill may be

'^^ro rcferrel t
ras originally n
> amendments d

111 ; — or a mes
reasons for dij-

INDEX.

143

Jaiial BUl» : — Soo Railwayt ; Tolls.

Q of whole, after Siting Vote :

Chairman of any committee on private bills (and no other) has a second or
casting vote, 69, 129.

Cearinr/ of Room :

Committee room may be ckured for aiscussion, 79.

Committee o/ichole on private Itlla :

All bills, after second reading, referred to a committee of whole, 101.
Two or more bills may be considered together, 101.
Counsel heard (on one occasion) against a bill, at this stage, 99.
Amendmenti of select committee, not treated as amendments in committee

of whole, but bill considered as a whole, 103.
Instructions to committee, mandatory or permissive, 104,
No amendment irrelevant to the bill can be made without an instruction, 104.
Notice must bo given of amendments to be proposed in committee, 105, 131.
Course of proceeding in committee, 106.
No amendment can be proposed to » clause after committee has passed on

to another clause, 106.
Rise without reporting ; bill then regarded as defunct, bat may be revived,

107.
Report bill to the House, 107.

Proceedings in the House, after report, 108. — Bill may be re-committed, ib.
Amendments made in committee in excess of the notice, should be referred

to Standing Orders Committee, IDS.

Committees {Select) on private hills :

Oq ordinary bills, — See Private Bill Committee; Hailwaya.
On Divorce bills, 68. See Divorce Bills.

mon?, 5.

lent and power?.

illy regarded as

of toll, Ac, S9,

ttee of whole la
lODstrated, 88.

up at the nest

Companies /or transacting business throughout the Dominion :
Incorporation of, 18.

p by eommittef,P'^'"i'^''"'*"* •'

Parties may bo hoard against a bill on the ground of competition, 77.

Conference xcith Senate :

On disagreeing to their amendments to bills, 111.

Consent of parties :

Proof thereof required, in certain cases, C7, 92, 129.

Queen's consent to bills affecting the property, Ac, of the Crown, 109.

144

INDEX.

Consolidation 0/ bills:

Power may bo given to a committee to consolidate two or more bills into
one; 94. — Occasionally done without an instruction, ib.

Continuance of Proceedings :

Proceedings on private bills continued (on two occasions) to the next
Session, 62.

^Counsel :

Heard at the Bar at the second reading, 93; — before consideration in com-
mittee of whole, 99, 101 ; — At the Bar of the Senate, on Divorce bills,
116, 136.
Promoters or opponents may be beard before the committee by counsel, 74.
No member of the House can act as counsel, 74.
A member of the other House may so act, by special leave, 74.

Croicn, Eights of :

Queen's consent cignified at third reading, to any bill affecting the pro-
perty or interests of the Crown, 109 j — to a bill for reversal of an at-
tainder, before the first reading, 117.

Deniaon, Right Hon. J. E. :

Evidence of Bight Hon. J. E. Denison, Speaker of House of Commons, on
private bill legislation, 102.

Disagreeing to amendments of Senate :

On disagreeing to the amendments of the Senate to a bill, a conference
may be desired, or a message may be sent to the Senate, communi-
cating the reasons for disagreeing, 111.

Divorce Bills :

Pertain to the Parliament of Canada, 13.

Introduced first into the Senate, 5.

To be prepared by petitioner, and printed at his expense, 137.

Special notice, and other preliminary proceedings ti. be proved thereon, 39,

134, 135.
Fee paid on presenting petition, 115, 137.
Fourteen days to elapse between 1st and 2nd readings; with aervice of

notice thereof, 115, 135.
Examination of petitioner and witnesses, at second reac'.ing, 115,136.— Mode

of summoning witnesses, 116, 136, 137.

more bills into
'6.

3) to the next

loratioQ in com-
•n Divorce bills,

by counsel, 74.

74.

ffecting the pro-
iversal of an ai-

f Commons, on

1, a conference
natC; communi-

INDEX.

145

ved thereon, 39,

with service of
115,136.— Mode

Divorce Bills — continued.

Counsel heard on bill, 116, 136.

Referred, after second reading, to a committee of whole, in the Senate, 116 j

— to a select committee, in the Commons, 5S.
Insertion of prohibitory clause, 116.
Evidence taken before the Senate applied foi- by Commons, and referred to

committee, 58.
Reference to be had to practice of the Lords, in unprovided casus, 117, 137.

Estate Bilk :

Usually originate in Ilouse of Lords, 5.

Evidence :

House may require evidence to be reported, on which committee hr e de-
cided that preamble is not proved, 83.
Committee of Commons may request that the evidence taken on a bill ori-
ginating in the Senate be laid before them, 87. — The like course by
a committee of Senate, 114.
Evidence taken by committee not generally reported, except by special
order, 95.

See Divorce Bills. Witneaaea.

Examiner for Standing Orders :

To report to Committee on Standing Orders concerning the notices given on

petitions for private bills, 36.
The same Examiners appointed for both Houses of Imperial Parliament,

36. (Note-I

F - :.'■■: ' uties :

Bill containing a clause exempting the promoters from the operation of the
Excise Laws for a certain period; mode of proceeding thereon, 105.

Extension 0/ poteers :

Extension of powers of a company to purposes foreign ti the original char-
ter, a ground for declaring preamble not proved, 82.

Evidence of consent of shareholders required by the Lords, on every bill
empowering an existing company to execute works other than those
for which it was originally constituted, Ac, 113. (Note.)

Bill should not be amended by the committee so as to enlarge its opera-
tions, 85 ; — but they can recommend the same to the House, 92.

146

Fee» : — Sec Fines,

INDEX

Feet on private bills :

Payable (after seco/ic^ reading in the Senate, and o.ttQT Jirst reading in the

Commons) on all bills for any object of profit or advantage, 59, 126;

— in the House in which they originate only, 60, 127.
Charges for printing, &<:., levied at the same time, 59.
On Divorce Bills, in Senate, 115, 137.
Refunded in certain cases, by order of the House, 61; — in a subsequent

Session, 62.
Motions for /<^funding fees should be referred to the committee on the bill, 62.
Fees chargeJ in "British House of Commons, 60. (Note.)

Ferries :

Such as are international, or intercolonial, are under control of the Parlia-
ment of Canada, 13.

Fines :

Amount of any fines or fees to bo imposed, to be printed in bill in italics,
and to be filled up by the committee, 55, 8T.

First reading of hill :

In Senate, 54. (Note.)— In Commons, 54;— Referred after first reading, 56.

Foreign Corporations :

Status of foreign corporations in any Province, including such as may have

been chartered in another Province of the Dominion, 20.
Angell & Ames' remarks on foreign corporations, 22.

Government Trusts :

Bills relating to Government Trusts or Commissions, treated as public
bills, 10.

Harbour Bills : — See Tolls.

Informal introduction of bills :

"'lis which have been informallv introduced withdrawn, and new ones pre-
sented, 56.

Instructions :

To standing committees on private bills. 65, 94.

To a committee of whole, 103.

Object and effect of an instruction, mandatory or permissive, 104.

Instruction solicited by committee, in regard to a doubtful point, 65.

pl'Mji I

ing ia the
5, 59, 126 ;

iubsequoQt
he bill; 62.

he Parlia-
l in italics,

ading, 56.
may have

INDEX.

147

as public

w onee pre-

94.
,66.

Inturance Companiea :

Proceedings in Parliament as to the right of legislating in reference to In-
surance Companies, 25.

Jurisdiction, Legislative :

Clag''es of subjects for pr'eate bill legislation, pertaining exclusively to the

Parliament of Canada, 13.— To the Provincial Legislatures, 14.
Parliament may assume control of any works declared to be for the general

advantage of Canada, or of two or more Provinces, 15.
Railway bills passed by Parliament of Canada in first Session, 15.
Lines of railway, telegraph, <fcc., 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 secu -

rities, ib.
Incorporation of Boards of Trade, 26.
Suggestion for determining more accurately the question of jurisdiction, 27.

JuHtice, Administration of :

Local bills relating thereto treated as public bills, 9.

Law-suits :

Interference with pending suits, a ground for declaring preamble not
proved, ?2.

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.

1 l'

I ■
ih

Marrlarjt and Divorce :

Placed under control of the Parliament of Canada, 13.

Member » :

May not act as Parliamentary Agents, 80.

Tbo member presenting a petition takes charge of the bill through its dif-
ferent stages, 31.

May not act as counsel, before the Ilouse 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 Bills :

Usually originate in House of Lords, 5.

liafuralizationa :

Placed under control of the Parliament of Canada, 13.
Naturalization bills usually originate in House of Lords, 5. .

Notices of applications /or private hills :

Notices required on ordinary private bills, 38, 124 ; — toll-bridge bills, 39,

124, .25 ;— iivorvo Dills, 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, sapplied by a provision in the bill, for the

protection of interests of other parties, 41, 46, 49 j — 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 dear, 48.

'ougb its dif-

motubers, or

1,74.
J— of a Peer,

INDEX.

149

idgo bills, 39,

j) by the Ex-
)ial reference,

lO bill, for the
)r informality

ce, 42. '
nds, 44.
iommittee has

>inmendatioD)

Notices o/ appUeatlon$ /or private bilU — continued.

Petitioners restricted within the terms of their notice, 49.

Additional evide ice of notice admitted, after an unfavorable report, and
supplementary report made thereon, 52.

Not to be enquired into by committee on bill, 67 ;— except to compare pro-
visions of bill with the terms of the notice, 68.

Committee on bill must call attention of the House to any provision therein
not contemplated in the notice, 6S, 90; — may not insert any new
provisions, except such as are covered by the notice, 85, 91 ; — but
may confine its provisions within terms of notice, 90 ; — Any exten-
sion beyond such terms may be recommended to the House, 92.

Parties may not avail themselves, for their own purposes, of a notice given
by others, 52; — but if a bill be abandoned by its promoters, the
committee may permit other parties bO proceed with it, 94.

Notices required in Imperial Parliament, 38. (Note.)

Notice of contideratton of bill :

(Senate) 1 week's notice to be given by committee on any bill requiring no-
tice under 51st Rule, on bills originating in the Senate ; — 24 hours'
notice only required on bills from the other House, 57, 71, 128.

(Commons) 10 days' notice to be given by committee, on bills originating
in the Commons ; — two days' notice only required on bills from the
Senate, 67, 71, 128.

Usually reduced, near close of Session, 72.

Occasionally dispensed with, 72.

Cannot be dispensed with generally, but on the recommendation of two or
more of the committees connected with private bills, 72.

Upon the transfer of a bill from one committee to another, the notice already
given is generally held to be sufficient, 65.

Notice of neio provisions :

No new provisions may be inserted in bill, by which the interest of parties

not represented before the committee can bo affected, without duo

notice to such parties, 91.
Notice to be given of amendments proposed in committee of whole, 105, 131;—'

after report of committee of whole, 108 ; — at third reading, 105, 131.

Notice of auspenaion of Rules :

No Standing Order relative to private bills suspended without duo notice,
110, 131.

i i
1 '

i ;
' (

I \\ 150 INDEX.

1 OJicera of th« Houne :

Pet

May not act an Parliamentary agents, 31.

1 j Oppo$ition to private bills :

\ : Unusual at second reading, except on gener<.l principles, or on the ground

j ' of interference with public rights, 98.

1 j Before select committee, 72.

'^B

! ' Petitions against a bill, stand referred to committee thereon, 56, 127.

Arrangement between the parties for selection of a day for considering an

1 opposed bill, 71.

Opponents should present a petition, specifying grounds of objection, 73. —

Prc<

I Limited to the grounds so stated, io. — May be heard by counsel, 74.

Opposition held to be abindonod, if no parties appear when petition is

I ! read, 73.

:'!

1 i Locus standi of opponents, 77.

Opposition to clauses, 78.

'.:

[ 1 Parties having diverse interests may not avail themselves, on their own ao-

1 count, of a notice issued by other parties, 52 ;— but if a bill be aban-

;i 1 1 doned by its promoters, the committee may pormit other parties to

jj 1 proceed with it, 94.

1 '

;!i[ Orders o/ the Day :

1 i Place assigned to private bills on the Orders of each day in the week, 100.

:| Parliamentary Agents :

Employment of, in Commons, 29, 132.

{ Cannot act without the authority of the Speaker. 30, 133.

' j j Mode of qualifying, 30.

rrev

'.I

1 1 ; Members and officers of the Ilouse disqualified from acting, 30.

1; Registered, 31.

Prin

j j Subject to a prohibition to practise, for any violation of the Rules or prac-

1 ! tice of Parliament, 30, 133.

Prin

:|i! i 1 Patents of Invention :

||! 1 \ Placed under control of the Parliament of Canada 13.

I; 1

j: . Petitions :

■:l

j\ Every private bill to be based on a petition, 32. (Form in Appendix III.)
li ' —Certain bills rejected, not being founded on petitions, 10, 33.

'j i Not to be signed by agents, but by the parties themselves, 32.

i 1 Mode of presentation to each branch of the Legislature, 32.

i .

1; i ^
i i ' ;

the ground

127.
lidoriag an

ition, 73.—
unsel, 74.
petition is

)ir own ao-

11 be abaa-

parties to

eek; 100.

3 or prac-

adix III.)
33.

INDEX. 151

Pe<i(ton8— 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 bj Committee on Standing Orders, without special reference,

35, 125.
Petitions for or against bills stand referred to the committee thereon, 56, 127*
Fetit/.ons from promoters, for amendments to their bills, 75.
Petitions should be presented bj opponents, specifying grounds of ob-
jection, 72. — Petitioner limited to the grounds so staged, 73, 78.
Petitioners may be heard bj counsel, 74, 98.

Preamhlo :

Question pat on preamble before clauses (in private bills), 76.

Petitions against preamble, 72.

Petitioners against particular clauses otily, not hoard 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 reverso :'jch decision, nnless authorized
by the House, 80, 84.

House may require tha 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 permissior of the House, 85.

Preamble proved, 86.

Precious question :

Cannot be moved in committee, 86.

Principle of hill :

Affirmed at second reading, 97.

Printing of private bills :

To be printed in both languages (before _/?r8t reading in Commons, and bo-
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.

Ilil!!'^

Il-:i!

152

INDEX.

liijl

liiiM

l!i

^;ii:i-

■ii.

M ■

ill'!

■ Bjr •
if ' !

Private bills :

Proceedings in passing the same, of a judicial character, 1.

Origin and progress of Private Bill system in Can la, 2.

Alphens 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 Livorce Billa,

Certain classes treated as public bills, 9, 10.

Bill containing a clause exempting thb corporators from excise duties;

course of procedure thereon, 105.
Notices required, — See Noticea of application! for private billa.
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 ia 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 ia 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 Standi, -» Committee, 56. — Divorce bills, to a committee of

whole, in the Ser , 116; — and to a selected committee in the Com-
mons, U8.
Proceedings before standing committee, — See Private Bill Committee.
Opposition before committee, — See Oj^poaition to private billa.
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, 1C5, 131. —

After report of committee of whole, 108. — Or at third reading, 109, 131.

ixciee duties;

jeing founded

iromoters, 56.

ition of time,

le day, 110. —
der, 110, 131.

nd reading in

iwn, and new

ions, 100.
committee of
B in the Com-

imittee.

ublic bill, 92.
ay be heard,

e, 105,131.—
ing, 109, 131.

INDEX.

153

Private Bilh — continued.

Proceedings in House, after report of committee of whole, 103,
Re-commitment 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 aie affected, 109.
Bill passed and sent to Senate, 109.

Returned from the Senate, with amendments; amendments referred ilO.
Conference desired on disagreeing to certain amendments. 111.
Bills from the Commons not proceeded with in the Senate; c- ru't.ee

appointed to search journals. 111.
Proceedings on private bills in Penate, 113.
Royal Assent, 119.
Every Act declared " public" that doe? 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.

P.lvate 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.
Not to entertain questions relative to compliance with standing ordera

(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.)

'11

;ll

'■i>

111

154

INDEX.

Private Bill Commi«cc-^continued.

Proceedings in committee, 71.

Filled-up copy of bill to be deposited before day for consideration thereof,
75, 128.

Preamble read, and petitions against, 76.

Promoters then heard, and petitioners afterwards, 77.

Petitioners against particular clauses only, not heard against preamble, 78.

Zocua standi of petitioners, 77.

Examination of witnesses, 77, 78.

Committee room an open court, 79.

Room cleared for deliberation, 79.

Plight of members (not of the committee) to be present, 79.

Question put on preamble, 80.

If not proved, to be .o reported, and the reasons assigned, 80, 130.

Committee cannot re-consider and reverse such decision, unless authorized
by the House, 80, 84.

House may require the evidence on the preamble to be reported, 83.

Alterations in preamble to be specially reported, with reasons therefor, 85, 130.

Power to make alterations limited, 85.

Committee cannot amend bill so as to extend its operations, without leave
of the House, 85. — Exceptional case, tb. — But can recommend that its
provisions be so extended, or thai it be made a public bill, 92.

Proceedings on clauses, after preamble is proved, 86.

Unusual provisions in the bill to be specially referred to in report, 87, 129.

Persons whose rights are aflfected, may be examined touching their consent,
67, 129.

To insert the maximum rates of tolls or fees to be imposed, 87.

Amended bill, and each amendment, to be signed by chairman, 89, 130.

Amendments of an unusual character to be specially mentioned in report, 90.

Bules to be observed by committee in framing amendments, 90.

Every bill referred must be reported, 94, 129.

Report that certain bills referred are public rather than private, 7 ; — or, might
more advantageously be referred to another committee, 65.

If a bill be abandoned by its promoters, the fact is reported ; or other par-
ties may be allowed to proceed with it, 94.

Bill, when reported, may be referred back, 95.

Evidence not usually reported by committee, except by special order, 95.

Time for receiving reports limited, 96.

I !■

sration thereof,

preamble, 78.

0, 130.

less authorized

■ted, 83.
tierefor, 85, 130.

, without leave
mmend that its
)il], 92.

sport, 87, 129.
their consent,

J7.

D, 89, 130.

d in report, 90.

, 7 ; — or, might
65.
; or other par-

cial order, 95.

INDEX.

155

Private Bill Committee — continued.

Bill, after report, placed on the Orders for a second reading, 97, 130.

Bill, as reported by the committee, generally adopted by the House without
alteration, 102, — Amendments of committee not treated as amend-
ments, 103.

Pricate Bill days :

Certain days appointed (in Commons) for coneideration of private bills, 100.

Private Bill Office :

Established, 3, 131.

Private Bill liegiater :

To be kept in Private BUI Office, 31, 131.

Provincial Companies, or Works :

Placed under control of the Provincial Legislatures, 14.

" Pullic Act" :

Every privf te Act to bo deemed a public Act, unless it contains a provision
to the contrary, 119.

Pullic Works :

Local Works arc under the control of the Provincial Legislatures, 14.
Such works as extend beyond the limits of a single Province, are placed

under control of the Parliament of Canada, 14.
Such also (within any Province) as are declared to be for the general

advantage, 14. — Examples of the latter, 15, 16.
Definition ofthe term "extending beyond the limits of a Province," 16.
Bills relating *o public works under Government control, treated as public
bills, 10.

Qu€' 's Con$ent : — See Crown, liighta of.

Pailii '/« ;

Su a lines of Railway, Canal, or Telegraph, as extend beyond the limits
of a Province, placed under control of the Parliament of Canada, 14.
— Definition of the term " extending beyond (he limits of a Pro-
vince," 16.

Such also as are declared to be for the general advantage, 14. — Instances
thereof cited, 15.

Expediency of including all Railways intersecting the Qraud Trunk
within this class, 16.

tt:

■t;"i 1

■n\ ;

156

INDEX.

Railways — continued.

Standing Committee on Railways, Canals, and Telegraph Lines, appoint-
ment of, 64.

All bills relating to Railways, Ac, referred, 56.

Instructions to, 66.

Powers and duties of the committoo are similar to those of the Private Bill
Committee, — See Private Bill Cotumitlee.

Rates or Tolls :

Bills involving the same ought to be first brought into the Commons, 4.
Amount thereof to be printed in the bill in italics, to be filled up by

committee, 55, St.
Practide of Imperial Parliament in regard to imposition of a local rate, 89,

(and Note.)

Re-commilment :

Bills may be re-committed, after report of committee of whole, 108; — before
third reading, 109. — To the select committee, 95.

Reports of committees on privata bills:
That preamble is not proved, 80.
That alterations have been made in the preamble, 85.
Recommending an extension of provisions of bill, 92.
Calling attention to unusual provisions, or such as exceed the limits of the

notice, — or amendments of a peculiar nature, 87^, 129.
That certain bills referred are public rather than private in their character, 8.
Every bill referred must be reported, 94, 129.
Evidence not usually reported, except by special order, 95.
Time for receiving reports limited, 96, 122.

Representation :

Local bills afife|«ting the Representation, treated as public bills, 9.

Royal Assent:

Given to private bills in the same manner as public bills, 119.

Rulet relative io private hills :

Notice to be given of a motion to suspend any Rule, 110, 131.

No motion for suspending 51st Rule (Notices) to be made until after report
of Committee on Standing Orders, 47, 126. — Motion made, when re-
quired, after report, and before presentation of bill, 54.

Published in Official Gazette, and the substance in other papers, 123.

JSa

Sen
Sen

fj' ■

nes, appoint-

Q Private Bill

mmons, 4.
filled up by

local rate, 89,

108 ;— before

limits of the
character, 8.

il after report
,de, when re-

s, 123.

INDEX. 157

Savings Banks :

Placed under control of the Parliament of Canada, 13.

Second reading of bill :

Principle affirmed at the second reading, 97.

Postponement thereof 3 or 6 months, 100.

Opposition at this stage unusual, 98.

Counsel heard at second reading, 98.

Referred after second reading (in Senate, to a standing co.Timittee), 57 ;-'

(in Commona, to a committee of whole), 101.
A bill thrown out in the Commons (G . B.) at this stage, becau'^e it trenciioJ

on public rights, 99. (Note.)

Semi-private hills ;

Certain bills of this class treated as public bills, 7.

Senate :

Assimilation of their Private Bill Rules to those' of the Commons, 3. —
Exceptions, 113.

Bills from the Senate reported on by Committee on Standing Orders after
first reading, when no previous report has been made on a petition,
35, 125.

Divorce Bills introduced first in the Senate, 5. — Bills for reversal of attain-
ders, or for the restoration of honors, 117.

Proof of notice, and other preliminary proceedings in Divorce cases, in
the Senate, 39.

Bills presented in the Senate, without a motion for leave, 54. (Note.)

Evidence taken on bills originating in the Senate, communicated to com-
mittee of the Commons, when required, 87. — The like, in the Senate,
with regard to bills originating in the Commons, 114.

Amendments of the Senate to bills from the Commons, are referred to the
same committee of the Commons to which the bill was originally re-
ferred, 110, 131. — Practice in Senate with regard to amendments of the
Commons, 111, 131.

Conference with the Senate on disagreeing to their amendments to bills, 111.

Journals of Senate may be searched by a Committee of Commons, with
reference to certain bills not proceeded with, 111.

Proceedings on private bills in the Senate, 113.

'■i'iiin

158

INDEX.

M
m

Sharehi Iders i

Miy not be heard against a bill, unless their interests are distinct Arom those

of the company, 78.
Proof of their consent, in certain cases, 67, 113 (Kote}> 129.

Shipping ;— See Steam or other Ships :

Standing Orders Committee ;

Earliest reference of petitions to, 3.

Report (to the committee) by the Examiner for standing orders, 38.

Mode of voting in committee, 37.

Sitting of committee, 37. ,

Mode of proving compliance with standing orders, 37.

Examine (without special reference) all petitions for private bills, and report

whether notice has been given, with a special recommendation m

certain cases, 35, 125. — Examine bills from the Senate (if no previous

report has been made on a petition) after the first reading, ib.
Report certain petitions exempt from notice, 40.
Recommend that provisions be made in the bill, to supply want of notice, in

certain cases, 40, 50.
Receive evidence of publicity, to supply want of formal notice, 42.
Occasionally take on themselves to waive informality in notice, 43.
Grounds on which suspension of Rule may be recommended, 44.
No motion for suspension of Rule to be entertained till committee has

reported, 47, 126.
Special reports as to variance between notice and petition, 35, 47, 49, 51 ; —

insufficient notice, 47.
Petitions referred back, for reconsideration, 48, 62.
Supplementary reports, concerning evidence of notice produced since

former report, 52.
Amendments made to a bill, in excess of the notice, should be referred to

Standing Orders Committee, 108.

Steam or other Ships, Lines of;

Such lines as extend beyond the limits of a single Province, placed under
control of the Parliament of Canada, 14.

Taxes :

Bills involving any tax should be first brought into the Commons, 4.

Telegraph Hnet ;— See JiMiluia^s,

ict from thflfle

INDEX.

159

Jcra, 38.

Us, and report
imendation 'u
[if no previous
ng, ib.

it of notice, in

5,42.
ce, 43.
44.
committee has

), 47, 49, 51 ;—

roduced since
)e referred to

placed under

OQS, 4.

Third Jieadi'nr/ of hill :
Ordered, 108.

Precedence given to private bills over other Orders of the Day, 109.
Verbal amendments only may be proposed at third reading; but bill may bo

re-committed, 109.
Rights of Crown, 109.
Form of passing bill, 109.

Tolls :

Bills involving imposition of tolls should be first brought into tho Com-

mons, 4.
Amount thereof to be printed in tho bill in italics, 55.
Maximum rates to be inserted by committee, 87.
Exceptional practice of originating Bridge, Canal, and Harbour Tolls, in

committee of the whole, in some instances, 87 ; — To bo discontinued

for the future, 89.

Trade, Boards of :

Incorporation thereof by Parliament, and by Provincial Legislatures, 26.

Unprovided cases :

Resort to bo had, in all unprovided cases, to the practice of the Imperial
Parliament, 132, 133.

Unusual jtrovisions :

Committee to make special mention in report, of any unusual provisions in
petition or bill, 50, 87, 129 ; — or of amendments of an unusual
character, 90.

Witnesses i

Committees on private bills may examine witnesses upon oath, 68, 77.
Expenses of witnesses defrayed by the parties in whose interest they are

summoned, 68, 116. — May be claimed before examination, 78,
Cross-examination, 77«
Attendance of a member as a witness, 78, 79.
Cannot correct evidence, but by a subsequent examination, 78.
Examined, in Divorce cases, at Bar of Senate, 116, 136.
Mode of summoning witnesses in Divorce cases, 116, 136.
Arrest of witnesses refusing to attend, 116, 137.

FINIS,