Province of Canada, Legislative Council, 8th Parl, 4th Sess (12 September 1865)

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Date: 1865-09-12
By: Province of Canada (Parliament), The Quebec Daily Mercury
Citation: “Provincial “Parliament. Legislative Council. The Quebec Daily Mercury (13 September 1865).
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(Reported for the Mercury.)


Tuesday, 12th Sept., 1865.

The SPEAKER took the chair at three o’clock.

After routine—


The Bill to incorporate the Ottawa City Passenger Railway Company was reported from Committee and read a third time and passed.

The following bills were also reported and read a third time and passed.

Bill to amend the Act incorporating the Mutual Assurance Association of the Fabriques of the Dioceses of Quebec, Three Rovers, Montreal and St. Hyacinthe.

Bill to facilitate the separation of Huron and Bruce, and to appoint Walkertown the County Town of Bruce.

Bill to amend the Act incorporating the Village of Mitchell, in the County, of Perth.

Bill to legalize certain by-laws and debentures of the County of Victoria.

Bill to enable Donald Alexander Livingston to be admitted to practice Medicine, Surgery and Midwifery.

Bill to change the name of the Bytown Consumers Gas Company to the Ottawa Gas Company.


Hon. Mr. SIMPSON brought in the 5th report of the Joint Committee on Printing Some conversation took place in the recommendation of the Committee that $50 be paid to Mr. Hartney, Clerk of the Printing Committee in consideration of the very valuable services rendered by him to the Committee—Hon. Messers, Simpson, Campbell, Belleau, Blair, Moore, Perry, and A. J. Duchesnay principally taking part in it. Hon. Messers, belle, Campbell, Moore and Bossé contended that the recommendation should come through the proper channel, the committee on contingencies. Finally, the consideration of the report was deterred until to-morrow.


Pursuant to order, the following Bills were then read a third time and passed:—

Respecting the qualifications of Justices of the Peace.

To abolish the death penalty in certain cases.

To amend the Insolvent Act of 1864.


Hon. Mr. A. J. DUCHESNAY moved “that an humble Address be presented to His Excellency the Governor General praying that His Excellency may be pleased to cause to be laid before this House, a statement containing the name of the Chairman of the “Board of Steam Inspection,” also the name of the Secretary of the said Board; the several places in the province where yearly meetings of the Board are held, and the period of such meetings also copies of their rules and regulations approved by the Governor in Council, for the uniform inspection of steamers, the selection of Ports of Inspection, the granting licenses to Engineers and for such purposes as they may have deemed necessary.”—Carried.


Hon. Mr. CAMPBELL moved the second reading of the Bill to amend the law respecting the management of timber on public lands. The hon. gentleman explained that the Bill had been suggested by some of the officers of the Crown Land Department more immediately concerned with this branch, for the purpose facilitating the collection of the timber foes. The proposed amendments to the existing law by this Bill were more in the details of management than anything else. For instance, it was proposed that holders of timber limits should only renew their licenses, instead of taking our new licenses every beat as was now the custom. Then again, it was proposed that in cases where the departmental officers had reason to suspect that timber had been hit on public lands, it should be the duty of the owner of the said timber to show whether it was cut on public or private lands. The most important amendment, however, to the trade was that which enabled timber owners, owing Crown dues, to take away their amber, leaving a proportionate part thereof to meet those dues.
Hon. Mr. SKEAD said he was glad to give their attention to this important interest. By the law, as it stood, the trade had not been sufficiently protected heretofore; but the proposed amendments, though simple, would be of the greatest importance. He hoped the day was not far distant when more ample protection would be granted.

Hon. Mr. SANBORN deprecated the bringing in of a Bill of this importance at so late a stage of the Session, when the attention it deserved could not be very well given to it. He disapproved of the manner in which seizures of timber had been hitherto made by Government, characterizing is as informal and arbitrary, urging some amelioration in this respect as well as a protection for existing rights.

Hon. Mr. CAMPBELL said that the hon. member for Wellington complained of the measure as likely to be productive of serious changes which might injuriously effect existing rights, but he beefed to remind the hon. member that the bill was not intended to have any such effect for it did not interfere with anything done in the past but had reference only to future transactions. The hon. member had stated a case but that case would for anything in the bill remain just as it was. The hon. member had also alluded disapprovingly of the action of the Government in the past in seizing timber arbitrarily and without the sanction of law—well the bill was intended to prevent that in future by giving to the Government a legal power to seize timber on which the dues had not been paid. The bill also provided remedies in case the timber was improperly seized. The party who thought he had cause of complaint would be required to proceed at once against the offending officer and if he made out his case would obtain redress. There was nothing in the measure which required delay. The reason why it was brought in so late in the session was that the officer in charge of that particular branch had only arrived in town last week. He (Mr. Campbell) would be happy to go over the bill with his hon. Friend and to attend to any suggestions he might have to offer in relation thereto. The changes after all were slight and he trusted the bill would be allowed to go to a second reading with the understanding that it might be amended in Committee if found necessary.

Hon. Mr. FLINT said he examined the bill clause, and was satisfied it would be beneficial not only to the lumberers but to the country at large. If such a measure had been passed before it would have been better for all parties. The bill defined the position which the Government would occupy in future in regard of this interest as well towards the holders of the licenses as towards all others. Much good timber had been lost for want of some such measure. If any good amendment could be made in Committee he would not object. He did not say the bill was all that could be desired and he would accept it meanwhile as an earnest of what he hoped the Commissioner of Crown Lands would do next Session. He had been many years in the lumber trade and was now on the eve of returning from it and with the hon. member from Rideau Division he would say the lumbering interest had not been sufficiently protected in the past but he was glad for the sake of those who would come after him that the matter had at last attracted the attention of the Government and was likely to be cared for as it ought to be.

The bill was then read a second time and on motion of hon. Mr. Campbell was referred to a Committee of the whole.—Hon. Mr. FLINT in the Chair.

The Committee went through the bill and reported the same with one amendment to meet the existing cares of difficulty.
The amendment was concurred in and the bill was read a third time and passed.


Bill to amend the Act respecting the Municipality of Kingsay Falls.—Hon. Mr. MOORE.

Bill respecting the Admission of Messrs […] and Fournier to the Notorial profession—Hon. Sir. N. F. BELLEAU.


A number of private bills, brought by messages from the Assembly, were read a first time and ordered for a second reading

The House then adjourned.

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