Province of Canada, Legislative Assembly, Scrapbook Debates, 8th Parl, 5th Sess, (30 July 1866)

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Date: 1866-07-30
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 5th Sess, 1866 at 65-66.
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Monday, July 30th, 1866.

The speaker took the chair at three o’clock.

After routine business,

Hon. Mr. Alleyn moved the third reading of the bill to amend the Act incorporating the Quebec Marine Insurance Company. – Carried.

Hon. Mr. Rose moved the third reading of the bill to legalize and confirm an agreement made between the Grand Trunk Railway Company of Canada, and the Buffalo and Lake Huron Railway Company.

Mr. McKellar said he found by one of the clauses, that power was given the Grand Trunk to purchase the Buffalo and Lake Huron Railway, but even without the clause the bill was a most dangerous one. The hon. Provincial Secretary had said that this bill, if passes, would be dangerous to the civil and religious liberties of the country. The hon. member for Huron and Bruce had also taken, on another occasion, similar grounds against it, and with two such authorities he felt quite justified in opposing the bill. He moved that the bill be recommended for the purpose of expunging the clause empowering the Grand Trunk to purchase the Buffalo and Lake Huron Railway.

Mr. Dunkin contended that the course proposed by the member of Kent was directly opposed to the existing statute, which empowered the Grand Trunk to amalgamate with or purchase any other road connecting with it.

The members were called in an the House divided without further debate, when the amendment was lost. Yeas, 25; Nays, 40.

Mr. Rankin then moved the recommitting of the bill to amend it by restraining the power of the company from changing excessive harbour dues on freight shipped at Goderich harbour. He contended that these dues were made high for the purpose of compelling parties to send their produce by railway.

Mr. Shanly said the Buffalo and Lake Huron Company field the harbour under lease form the government, in which there was a limitation to the rate of dues to be charged, and which would be equally chargeable whether the harbour were in the lands of a harbour company or a railway company.

Mr. Dickson said it was true that the Buffalo and Lake Huron Company had obtained the lease of the harbour without the consent of the Goderich people, but it was also true that the company had expended upwards of $80,000 to improving the harbour, and the dues could not-be changed without an order in Council.

After further discussion the House again divided when the amendment was lost. Yeas 26; Nays; 53.

Yeas, – Bourassa, Bowman, Burwell, Caron, Dorion, (Drummond and Arthabaska) Dorion (Hochelaga), Dufresne, (Iberville), Geoffrion, Holton, Houde, Laframbroise, Lajoie, MacDonald, (Toronto, West), Mackenzie, (Lambton), Magill, McKellar, McMonies, Monro, Oliver, Paquet, Perrault, Rankin, Rymal, Scatherd, Wells, White. – 26

Nays, – Alleyn, Archambeault, Ault, Besubien, Bell, Bellerose, Blanchet, Bronsseau, Carling, Cartier, (Attorney-General), Chapais, Cornellier, Coupal, Currier, De Boucherville, Denis, De Niverville, Dickson, Duckett, Dufresne, (Montcalm), Ferguson, (South Simcoe), Fortierm Galt, Gaucher, Gandet, Gibbs, Harwood, Haultain, Ruot, Irvine, Knight, Langevin, Le Routiller, MacDonald (Attorney-General), McConckey, McDougall, McINtyre, Morrison, O’Halleran, Rinsonneault, Pouliot, Raymond, Remillard, Rottaille, Rose, Ross, (Champlain), Shanley, Smith, (East Durham), Somerville, Tashcereau, Tremblay, Webb, Wood. – 53

Hon. Mr. Holton moved that the bill be recommitted for that purpose of amending the seventh clause, so that the assent of a two-thirds majority of the boldholders of the Buffalo and Lake Huron Railway Company shall be necessary to give effect to the bill. He thought it extraordinary that the assent of the bondholders of the Grand Trunk should be made a condition, and that the bondholders of the other company were not to be consulted.

After a few words of explanation from Hon. Mr. Rose, the House again divided, when the amendment was lost. Yeas 20; Nays 50.

The House then divided on the third reading which was carried. Yeas 30, Nays 30.

Yeas – Alleys, Archambeault, Ault, Bell, Bellerose, Biggar, Bourssa, Brousseau, Cartier, (Atty.-General), Chapais, Cormelier, Coupal, Currier, De Boucherville, Denis, De Niverville, Dickson, Deckett, Dufresne, (Montcalm), Ferguson, (South Simcoe), Fortier, Galt, Gaucher, Gaudet, Gibbs, Harwood, Huot, Irvine, Knight, Langevin, Le Boutiller, MacDonald, (Attorney-General), McDougall, McIntyre, Morrison, O’Halloran, Finsonneault, Pouliot, Raymond, Remillard, Robitaille, Rose, Ross, (Champlain), Shanley, Smith, (East Durham), Somerville, Taschereau, Tremblay, Webb, Wood – 30

Nays – Bowman, Bown, Burwell, Carling, Caron, Dorion (Drummond and Arthabaska), Dorion, ([sic]), Dufresne, (Iberville), Geoffrion, Haultain, Holton, Honde, Laframboise, Lajoie, MacDonald, (Toronto West), MacKenzie, (Lambtop), Magill, Mc[sic], McKellar, McMonies,  Munro, Oliver, Paquet, Perrault, Rankin, Rymal, Scarcherd, Scoble, Wells, White. – 30

The bill was then read a third time.

Hon. Mr. Rose moved an amendment to the first clause providing that the existing right of creditors of the Buffalo and Lake Huron Railway shall be in no way injuriously reflected by the provisions of the bill.

Hon. Mr. Rose stated that he was authorized by the promoters of the bill to say that they intended to reduce the harbour tolls, and a schedule would be submitted to the Governor in Council to that effect.

Mr. McKenzie said such a promise was an insult to the intelligence of the House

The amendment was agreed to and the bill as amended was passed.

Mr. Walsh moved the House into Committee of the whole on the bill to permit the issuing of a patent, for a certain new and useful invention to John Henry Boswell.

In reply to Mr. McKenzie

Hon. Mr. MacDougall stated that it was his intention to move an amendment to the effect that the applicant shall give notice for two months in the Official Gazette, that he [sic] about applying for such patent, and it prepared to prove the allegations act forth in the act.

Mr. McKenzie protested against this sort of legislation as most extraordinary and highly detrimental to the best interest of the country. He would not oppose the going into Committee, but would certainly move some amendments.

Hon. J. S. MacDonald also apposed special legislation upon such subjects.

Hon. M. C. Cameron said there might be some reason for setting aside the general provisions of the patent law, in favor of parties about to start large manufactures in the coutry, and who would not invent their capital, but these bills had been passed through the private bills committee without any proper information having been given regarding them.

The House then went into committee.

In reply to Col. Haultain

Hon. Mr. MacDougall stated, that last year it had been considered that some amendment of the general patent law was desirable, to admit of the granting of patents for certain inventions in use in other countries. As however, it was very probable that the paten laws of all the Provinces would be assmiliated in a year or two it was not deemed advisable to change the general law at present, hence the Government had connected to the passing of these acts to meet the few special cases which it seemed desirable to provide for. He intended, as he had said before, to move an amendment which would compel the applicant to give sufficient notice and proof of the allegations made.

Mr. Ford Jones opposed the bill, and moved that the Committee rise, which was lost by 23 to 25.

The Committee rose and reported the bill as amended, which was ordered to a third reading on Wednesday next.

Hon. Mr. McDougall presented certain returns, and it being six o’clock the Speaker left the chair.

After Recess

The following bills passed through committee:

To vest the protestant Burial Ground at Hudson, in the Incumbent and Church Wardens of St. James’ Church, Vaudreuil. – Hon. Mr. Abbott.

To authorise the issue to Merrers. J. D. Whelply and J.J. Storer, of Letters Patent for a new and improved system of treating metallic ores. – Mr. Shanley

To incorporate the Crystal Lake Cemetery Company. – Mr. Knight

To enable John Ault to sell certain Real Estate. – Hon. Mr. Ross

To remove doubts as to the legality of a Canon of the Synod of the Diocese of Quebec, respecting the Parish and Chapelries of Quebec. – Mr. Irvine.

To erect the County of Peel into a separate County for Judicial purposes. – Hon. Mr. Cameron

The bill was also read a third time.

To naturalize John Rogers. – Mr. Irvine

To divide the Municipality of “Gaspe Bay, South and York” into two separate Municipalities. – Mr. Le Boutillier

To extend the provisions of the Act 25th Vic., Chap. 40, intituled an Act to confirm and established certain Roads in the Township of Reach. – Mr. M. C. Cameron

To amend certain errors in a conveyance from one Alexander Dixon, deceased, to W. M. Westmacott, dated 1st September, 1834, and to confirm a sale of certain lands thereunder. – Hon. Mr. Cameron.

To erect the Parish of St. Boriaventure into a separate Municipality. – Mr. Geoffrion.

To authorize the admission of William Lyn smart, as a Barrister in Upper Canada. – Mr. Powell

The Buffalo and Lake Huron Railway Company Capitalization Amar Act, 1866. – Mr. Wood.

To incorporate the Belleville and Marmora Railway Company (from legislative council). – Mr. Morrison

To incorporate “The Dresden Great Western Oil Company.” – Mr. Magill.

To incorporate the Hoxton Mining Company. – Mr. Geoffrion

To amend the Charter of the Quebec Fire Assurance Company. – Hon. Mr. Alleyn

To incorporate the Union Fire, Ocean and Inland Marine Insurance Company. – Hon. Mr. Rose.

Further to amend the Charter of the Bank of Upper Canada – (from the legislative council) (reported). – Mr. Street.

To amend the act incorporating the City of Three Rivers. – Mr. DE Niverville.

To extend the time for the completion of the works for the North Shore Railway and St. Maurice Land and Navigation Company. – Mr. DE Niverville.

Hon. J. S. MacDonald opposed the going into Committee on this bill. He said it was ten years since the land had first been granted to this Company, and as the mover was the supporter of the gentlemen opposite, no doubt they would support the bill, and grant him six years more. He moved the three months’ hoist.

Hon. Mr. Cartier stated that upwards of ten thousand pounds had already been expended by the Company towards making the read, and had it not been for the untimely death of Mr. Turcotte, that road would not have been in working order. He explained the importance of the road in opening up the valley of the St. Maurice for settlement, and favoring the lumber trade.

The amendment was declared lost on division and the bill passed through Committee, as did the following:

To authorize the construction of a Tramway or Railroad from the village of Orangeville, in the County of Wellington, to some point on the Grant Trunk Railway, west of Toronto. – Mr. Parker.

To further amend the act to incorporate the international Bridge Company. – Mr. Morrison

To authorize the sale of certain lands belonging to the estate of the late Honorable Peter Adamson. – Mr. MacFarlane

To amend the Act to amend and consolidate, the provisions contained in the Acts and Ordinances, relating to the incorporation of, and the supply of water to the City of Quebec. – Hon. Mr. Cauchon

An act to provide for ascertaining what persons have right in the commons of Berthie and Isle du Pads,” (from legislative Council). – Mr. Dufresne (Montcalm).

An act to incorporate the Ursuline Academy of Chatham (from legislative council.) – Mr. McKellar.

To consolidate the indebtedness of the Town of Stratford, in the County of Perth. – Mr. McFarlane.

For improvement of the Napanee River – Mr. Cartwright

An act to place the Wesleyan Methodist Church and property situated on the South side of Queen Street, in the City of Toronto, under the direction of the “Model Deed” of the Wesleyan Methodist Church, in connection with the English conference the better management thereof, and to vest the same in certain Trustees [sic] said Deed (from the legislative council). Mr. Cameron (North Ontario).

To authorize Margaret Besserer to sell a block of land in Ottawa, for the benefit of her son the Devise, a minor. – Mr. Currier

To adjust the Boundary lines and settle the trifles to certain ranges of the Township of Grenville. – Hon. Mr. Abbott.

To amend the Act to incorporate l’Institut Canadien Francais de la Cite d’Ottawa. – Mr. Currier.

  • (p. 66)

The following bills were read a second time:

To authorize compensation for certain claims in respect of an erroneous survey of the line between the sixth and seventh concessions of the Township of Hamilton, by the issue of land scrip therefor. —Mr. J. Shuter Smith.

To erect a new Municpality in the County of Megantic by the name of the Municipality of St. Pierre Baptiste. —Mr. Taschereau.

To amend the Act incorporating the Canada Central Railway Company. —Mr. Powell.

To enable the Honorable Phillip H. Moore to obtain a patent for the invention of a new method of manufacturing peat into coal by process of steam (from Legislative Council.) Mr. Shanly.

An act to repeal the act to legalize certain assessments in the city of Toronto, and to enable the said city to recover taxes rated and charged. —(From Legislative Council.) —Mr. Macdonald, of Toronto.

To incorporate the Canadian Loan and Interest Company [Limited]. —Mr. Morrison.

To incorporate the Caisse d’Epargne de la Section St. Joseph de la Societe de Temperance de Montreal. —Mr. Denis.

For establishing the boundary lines between certain Ranges in the Township of Onslow. —Mr. Poupore.

The House adjourned at a quarter to 12 o’clock.

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